In an unusual move, the Supreme Court on Wednesday issued notices to the National Company Law Appellate Tribunal judicial member Rakesh Kumar and technical member Alok Srivastava, asking them why contempt proceedings be not initiated against them for defying apex court orders in Finolex Cables disputes matter. A bench headed by Chief Justice DY Chandrachud took strong exception to the passing of a judgement by the NCLAT bench. The top court set aside the NCLAT bench's October 13 judgement relating to the annual general meeting (AGM) of Finolex Cables without going into its merit. The bench also comprising Justices JB Pardiwala and Manoj Misra said the case would be heard by NCLAT chief Justice Ashok Bhushan. "NCLAT has got down to a rot now. This case is an illustration of that rot.We are prima facie of the view that the members of the NCLAT have failed to disclose correct facts. "We are of the view that it is necessary to pass orders to ensure that the dignity of this court is ..
The bench, however, rejected the request and stated in the order, "Hearing concluded. We have heard the main matter and we will deliver the judgement"
"They said - we do not have the power to do it, we will be trespassing on the jurisdiction of the legislature in the govt. So, we are calling upon them to examine this issue," Mahesh Jethmalani added
Expressing disappointment with the Supreme Court verdict refusing to accord legal recognition to same-sex marriage, some members of the LGBTQIA+ community on Tuesday vowed to continue their struggle on the streets and to engage with the state on the matter. At a press conference, the National Network of LBI (Lesbian, Bisexual, Intersex) Women and Trans Persons shared the implications of the verdict and outlined its continued commitment to the LGBTQ+ rights movement. A five-judge Constitution bench of the apex court unanimously refused to accord legal recognition to the union of same-sex couples in the country, but recognised equal rights for queer people and their protection. Reacting to the ruling, Chayanika, an LGBTQIA+ community member, said, "We are upset but want to move ahead.... We have no place to be dejected or complacent. We will continue our struggle." "Just leaving us in 2018 (when the Supreme Court decriminalised gay sex) is not what we expected the bench to do. The be
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Say I-T demand for shortfall in taxes for the prior period, along with applicable penalties, is likely
Chief Justice Chandrachud and Justice Kaul agree on granting rights to queer couples
The majority verdict of the court said there are no adoption rights for queer couples. While Narasimha agreed with Bhat and Kohli in not granting the right, Chandrachud and Kaul were in favour
The Supreme Court Tuesday granted Maharashtra assembly Speaker Rahul Narwekar a final opportunity to give it a realistic time-frame for deciding the cross-petitions filed by the rival factions of the Shiv Sena seeking disqualification of each other's MLAs following a split in the party. The court said the disqualification petitions have to be adjudicated expeditiously. A bench headed by Chief Justice DY Chandrachud noted the submission of Solicitor General Tushar Mehta that he will personally engage with the speaker during Dussehra vacation and indicate a firm set of modalities. "We are not satisfied with the time schedule. SG has apprised that during Dussehra breaks he would personally engage with the speaker so as to indicate a firm set of modalities," the bench, also comprising Justices JB Pardiwala and Manoj Misra, said while posting the matter for hearing on October 30. The apex court had earlier come down hard on the speaker over the delay in deciding the pleas filed by the .
The activist's plea was among the 21 petitions seeking legal validation for same sex marriages that were heard by the Supreme Court
CJI Chandrachud on Tuesday said, 'The right to enter into union includes the right to choose one's partner and the right to recognition of that union'
A five-judge Constitution bench of the Supreme Court on Tuesday refused to grant legal recognition to same-sex marriages. Chief Justice of India D Y Chandrachud, who was heading the bench pronouncing its verdict on 21 pleas seeking legal validation for same-sex marriages, said the court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act. At the outset, Justice Chandrachud said there are four judgments -- by himself, Justices Sanjay Kishan Kaul, S Ravindra Bhat and P S Narasimha -- in the matter. Justice Hima Kohli is also a part of the five-judge bench. Directing the Centre, states and Union Territories (UTs) to ensure the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist. Justice Kaul said he agrees with the CJI on grant of certain rights to queer couples. "Non-heterosexual and heterosexual unions must be seen
The court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act, Chief Justice of India (CJI) D Y Chandrachud said on Tuesday while pronouncing his verdict on 21 pleas seeking legal validation for same-sex marriages. At the outset, Justice Chandrachud said there are four judgments -- by himself, Justices Sanjay Kishan Kaul, S Ravindra Bhat and P S Narasimha -- in the matter. Justice Hima Kohli is also a part of the five-judge bench. Directing the Centre, states and Union Territories (UTs) to ensure that the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist. Justice Kaul said he agrees with the CJI on grant of certain rights to queer couples. "Non-heterosexual and heterosexual unions must be seen as both sides of same coin," he said, adding that legal recognition of non-heterosexual unions is step towards marriage .
Over 20 petitions advocating for legal equality of same-sex couples in matters of marriage, including adoption, succession, inheritance, divorce, among others have been placed before the Supreme Court
The apex court had commenced hearing arguments in the matter on April 18
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The Supreme Court on Monday referred to a five-judge Constitution bench a batch of pleas challenging the validity of the electoral bond scheme for political funding of parties. A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra said they have received an application that the matter being urgent be sent to a larger bench for a conclusive judgement. The bench said the matter will be taken up on October 30, the date of hearing fixed earlier. Earlier, the bench had taken note of the submissions of lawyer Prashant Bhushan that the matter needed adjudication before the electoral bond scheme opens for the 2024 general elections and had decided to fix it for final hearing. There are four PILs pending on the issue. One of the PIL petitioners had said in March that so far Rs 12,000 crore has been paid to political parties through electoral bonds and the two-third of the amount has gone to one major political party. Electoral bonds have been pitched a
NewsClick founder Prabir Purkayastha and its HR head Amit Chakravarty on Monday moved the Supreme Court against the Delhi High Court's refusal to interfere with their arrest and police remand in a case lodged under the anti-terror law UAPA. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra took note of the submissions of senior lawyer Kapil Sibal, appearing for Purkayastha and Chakravarty, that the matter needed urgent hearing and asked him to circulate the case papers. "This is the NewsClick matter. The journalists are in police custody. Here one of the accused is a 75-year old man, Sibal said. The CJI said he will take a call on the listing. On October 13, a Delhi High Court bench dismissed the plea against the arrest and subsequent police remand of Purkayastha and Chakravarty in the case. Both were arrested by the Special Cell of the Delhi Police on October 3. They subsequently moved the high court challenging the arrest as well as the
The CBI and ED told the Supreme Court on Monday they are contemplating making the city's Aam Aadmi Party (AAP) an accused in the Delhi excise policy cases. Additional Solicitor General S V Raju, representing the two probe agencies, told a bench of Justices Sanjiv Khanna and SVN Bhatti he has instructions to state that the agencies are considering making AAP an accused, invoking legal provisions on "vicarious liability" and section 70 of the Prevention of Money Laundering Act (PMLA). However, the bench asked Raju to clarify his stand on Tuesday on whether there will be separate charge against the AAP in cases being probed by the Central Bureau of Investigation and the Enforcement Directorate. Raju made the statement while the bench was hearing the bail pleas of AAP leader and former Delhi deputy chief minister Manish Sisodia, who was arrested in the excise policy cases being probed by the CBI and ED. The investigative agencies have often suggested that AAP was a beneficiary of the .
This decision overturns previous rulings by the Delhi, Bombay, and Karnataka High Courts, which had favoured the telecom firms