Page 207 - Supreme Court

SC to hear Delhi govt plea against HC order staying notice against Rapido

The Supreme Court on Monday agreed to hear the Delhi government's plea challenging the high court order staying its notice to bike-taxi aggregator Rapido and allowing it to ply till the final policy has been notified. A vacation bench of Justices Aniruddha Bose and Rajesh Bindal said it will hear the petition on June 7. Senior advocate Manish Vashisht, appearing for the Delhi government, said the high court's decision to stay its notice till the final policy is notified is like virtually allowing the writ petition by Rapido. The bench said it will list the matter for hearing on Wednesday. On May 26, the high court, while issuing notice to the Delhi government on Rapido's plea challenging a law that excludes two-wheelers from being registered as transport vehicles, directed no coercive action will be taken against the bike-taxi aggregator till the final policy has been notified. The high court, which has listed Rapido's plea on August 22 before the registrar for completion of plead

SC's intervention positively impacted Taj city's environment: Activists

The 'Green Activists' of the Agra city on Monday said that the cumulative impact of dozens of pollution abatement measures at the intervention of the SC has made Taj city environment cleaner

Antilia bomb scare case: SC grants 3 weeks interim bail to ex-cop Pradeep

The Supreme Court on Monday granted three weeks interim bail to former police officer Pradeep Sharma, arrested in connection with the Antilia bomb scare case and the killing of businessman Mansukh Hiran, to file a fresh application seeking interim bail. A vacation bench of Justices Aniruddha Bose and Rajesh Bindal granted the relief to Sharma after noting that his wife has to undergo surgery. The top court said Sharma would be released on interim bail subject to conditions imposed by the trial court. List on June 26, 2023. On that day petitioner shall furnish a medical report indicating therein the status of treatment of wife of the petitioner, the bench said. Additional Solicitor General Aishwarya Bhati opposed the grant of bail. Earlier, Additional Solicitor General S V Raju had argued that Sharma was seeking interim bail without filing an interlocutory application (application in appeal already instituted). The counsel appearing for Sharma had sought interim bail on humanitari

Train crash: PIL seeks to set up inquiry commission under retired SC judge

A PIL has been filed in the Supreme Court seeking a direction to the Centre for setting up an inquiry commission headed by a retired apex court judge to probe the cause of the train accident in Odisha's Balasore district that has left 288 people dead. The plea filed by advocate Vishal Tiwari also sought directions to the Centre to immediately set up an expert commission headed by retired judge of the apex court and consisting of technical members to analyse and review the risk and safety parameters in the railway system and to suggest systematic safety modifications for strengthening Railway safety mechanism and submit its report to the court. The plea submitted that non-implementation of Kavach system at the earliest has resulted in a massive loss of life and damage of public property which imputes direct liability of gross negligence and breach of duty of care by respondent authorities. The enquiry commission headed by a retired apex court judge should conclude its probe in two ..

Court must not act mechanically under CrPC sec 319 to summon accused: SC

The Supreme Court said on Friday a court must not act mechanically under section 319 of the Code of Criminal Procedure (CrPC) to summon an accused merely on the ground that some evidence has come on record. A bench of Justices Dipankar Datta and Pankaj Mithal made the observation while dismissing an appeal filed by a man challenging a summoning order in a case lodged under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. "A court must not act mechanically merely on the ground that some evidence has come on record implicating the person sought to be summoned; its satisfaction preceding the order thereunder must be more than prima facie as formed at the stage of a charge being framed and short of satisfaction to an extent that the evidence, if unrebutted, would lead to conviction," the bench said. The top court said section 319 CrPC, which envisages discretionary power, empowers the court holding trial to proceed against any person not shown or mentioned as an

Supreme Court has discretion over issuing public interest litigations

During a plea hearing on Wednesday, the Supreme Court stated that too many unnecessary parties had been added to the PIL

Monitoring Committee on sealing should be disbanded by the court: CAIT

The trade leaders also called on the Chief Minister of Delhi and the Mayor of the Municipal Corporation to promptly address the matter and take the necessary steps

Plea in SC against HC verdict on RBI decision on Rs 2,000 banknote exchange

A plea has been filed in the Supreme Court against the Delhi High Court's verdict dismissing a petition challenging the notifications enabling the exchange of Rs 2,000 denomination currency notes without any requisition slip and ID proof, contending the measure gives an "open opportunity to legalize illegal money". A division bench of the high court had on May 29 dismissed a Public Interest Litigation (PIL) filed by advocate Ashwini Kumar Upadhyay, who challenged the notifications by the Reserve Bank of India (RBI) and the State Bank of India (SBI) allowing exchange of Rs 2,000 banknotes without having to furnish any document. Upadhyay has now approached the apex court. In his petition filed on Wednesday, he has claimed the high court has failed to appreciate that the RBI notification of May 19 and SBI notification of May 20, permitting exchange of Rs 2,000 currency notes without obtaining any requisition slip and identity proof, is "manifestly arbitrary and irrational". "RBI admit

Delhi govt moves SC against NGT order of LG to monitor waste management

The Delhi government has moved the Supreme Court challenging an order of the National Green Tribunal (NGT) by which a high-level committee headed by Lieutenant Governor V K Saxena was set up for handling solid waste management in the national capital. The AAP-led Delhi government, which has been at loggerheads with the LG over several administrative issues, filed the appeal against the February 16 order of the NGT, saying its effect is to bypass the elected government completely" and hand over the power with regard to the management of solid waste to the LG and the central government which is in violation of the constitutional scheme. Amid a lingering conflict between the Centre and the AAP dispensation, the Delhi government had filed a separate plea a few days ago assailing another order of the NGT naming the LG as the chairperson of a High-Level Committee (HLC) on Yamuna pollution. The fresh plea, filed through lawyer Shadan Farasat on Tuesday, sought setting aside of the final .

SC criticises seeking bail under guise of challenging validity of PMLA

The Supreme Court on Tuesday deprecated the trend of the accused in money laundering cases using Article 32 petitions to challenge a summons or seek bail under the guise of calling into question the provisions of the Prevention of Money Laundering Act (PMLA). A vacation bench of Justices Bela M Trivedi and Prashant Kumar Mishra, said filing such petitions challenging an Act, and in the process seeking consequential reliefs, amounts to bypassing other available legal remedies. "The court is constrained to observe that despite the Vijay Madanlal judgment there is a trend prevailing in writ petitions filed before this Court under Article 32 challenging the constitutional validity of Sections 15 and 63 and other provisions of the PMLA, which has been decided finally, and then seek consequential relief. These reliefs are bypassing other forums which are open to the petitioners," the bench said. The apex court had in the Madanlal judgement upheld the Enforcement Directorate's powers relat

One cannot malign judicial officers by using social media, says SC

One cannot malign judicial officers by using social media, the Supreme Court observed on Tuesday while dismissing a plea challenging a Madhya Pradesh High Court order that sentenced a man to 10 days in jail for making corruption allegations against a district judge. A vacation bench of Justice Bela M Trivedi and Justice Prashant Kumar Mishra said it was not inclined to interfere in the matter. "Just because you don't get a favourable order doesn't mean that you will malign the judicial officer. Independence of (the) judiciary doesn't just mean independence from (the) executive but also from outside forces. This has to be a lesson for others also. "He should have thought twice before casting any aspersion on the judicial officer. He maligned the judicial officer. Think of the damage done to the judicial officer's image," Justice Trivedi observed orally. The counsel appearing for the petitioner sought leniency from the Supreme Court and said the imprisonment order was excessive. The

Liquor policy case: Sisodia to move SC against HC's rejection of bail plea

Former Delhi Deputy Chief Minister Manish Sisodia will move to Supreme Court against the Delhi High Court's rejection of his bail plea, informed the legal team of the Aam Aadmi Party (AAP) leader

NGT directs committees to look into Delhi's illegal dyeing factories

The National Green Tribunal has directed the Supreme Court-appointed monitoring committee, the CPCB and the DPCC to look into illegal dyeing units in the national capital. The tribunal also directed the Central Pollution Control Board (CPCB) and the Delhi Pollution Control Committee (DPCC) to jointly file an action taken report on the compliance status in respect of the units named in the application. The green panel was hearing a petition claiming that dyeing factories were operating without consent or permission in the Bindapur, Matiala, Ranhola, Khyala, Meethapur, Badarpur, Mukundpur and Kirar areas of the national capital. A bench of Chairperson Justice AK Goel said the monitoring committee appointed by the Supreme Court has to look into the matter in coordination with other authorities concerned, including the CPCB and the DPCC. In 2004, the Supreme Court directed the shifting or closure of industrial activities operating in violation of the master plan of Delhi and also laid

Court not an institution to sermonise society on morality, ethics: SC

Court is not an institution to sermonise society on morality and ethics and rather, it is bound by the rule of law while taking decisions, the Supreme Court has said. The top court made this observation while ordering premature release of a woman convicted for murder of two children. The woman had an affair with a man who used to often threaten her. So she decided to commit suicide along with her children. She bought pesticides meant for plants and administered poison to her two children. Thereafter, when she poured the pesticide in a tumbler to consume it herself, her niece pushed it down. Unfortunately, the two children were declared dead on arrival in the hospital and an FIR under Section 302 of the Indian Penal Code was lodged. The trial court convicted the woman under IPC sections 302 (murder) and 309 (suicide) and sentenced her life imprisonment besides a fine. The high court partly allowed her plea by acquitting her under Section 309 while upholding the conviction under Sec

SC stays imposition of Rs 25 lakh on Abhishek Banerjee by Calcutta HC

From staying the imposition of Rs 25 lakh on TMC's Abhishek Banerjee to granting an interim bail to Satyendar Jain on medical grounds, here are important cases that the apex court heard today

WB school jobs scam: SC stays HC order imposing Rs 25 lakh cost on TMC MP

The Supreme Court on Friday stayed the imposition of Rs 25 lakh cost on TMC leader Abhishek Banerjee by the Calcutta High Court which had dismissed his plea for recall of its previous order that CBI and ED could interrogate him in the West Bengal school jobs scam cases. The top court, however, did not stay at this stage the part of the high court order which had said that central probe agencies could quiz the Trinamool Congress general secretary in connection with these cases and fixed his plea for hearing in July. Abhishek Banerjee is the nephew of TMC supremo and West Bengal Chief Minister Mamata Banerjee. An apex court vacation bench comprising Justices J K Maheshwari and P S Narasimha termed the high court's order "very balanced and fair" and observed that imposition of a cost of Rs 25 lakh was "perhaps not warranted". "But then, it does not mean that no cost can be imposed at all... I think the order is very balanced and fair," Justice Narasimha observed. The Calcutta High Co

Murder of Ex-Andhra minister: SC stays HC order granting bail to accused

The Supreme Court on Friday stayed a part of the Telangana High Court order asking a trial court to enlarge on bail on July 1 a man accused of involvement in the murder of former Andhra Pradesh minister Y S Vivekananda Reddy. A vacation bench of Justices J K Maheshwari and P S Narasimha, which posted the matter for further hearing on July 14, said it was staying the part of the high court's April 27 order directing the trial court to enlarge accused T Gangi Reddy alias Yerra Gangi Reddy on bail. The bench was hearing two petitions, including the one filed by Vivekananda Reddy's daughter, Suneetha Narreddy, challenging the high court order granting conditional bail to T Gangi Reddy, while allowing a plea for its cancellation. The other petition was filed by T Gangi Reddy challenging the high court's order cancelling the bail. "Re-list on July 14. Till the next date, the following part of the order dated April 27 passed by the high court shall remain stayed...," the bench said. In i

SC refuses to entertain PIL for inauguration of new Parl building by Prez

The Supreme Court on Friday refused to entertain a PIL seeking a direction to the Lok Sabha Secretariat for inauguration of the new Parliament building by President Droupadi Murmu. A bench of justices JK Maheshwari and PS Narasimha told petitioner in-person advocate Jaya Sukin that the court understands why and how this petition was filed and it is not inclined to entertain this petition under Article 32 of the Constitution. Sukin said under Article 79, the president is the executive head of the country and she should have been invited. He, however, said if the court does not wish to entertain the petition, he be allowed to withdraw it. Solicitor General Tushar Mehta, appearing for the Centre, said if the petition is allowed to be withdrawn, then it will be filed in the high court. The bench then dismissed the petition as withdrawn. The petition said the respondents -- the Lok Sabha Secretariat and the Union of India -- are "humiliating" the president by not inviting her for the .

Gyanvapi row: Allahabad court to hear petition filed by waqf board today

The Allahabad High Court had previously reserved its judgment on the maintainability of the lawsuit pending in the Varanasi court. The court will now hear all related matters together

Former Delhi minister Satyendar Jain granted bail by SC till July 11

Jain, who has been in Tihar Jail since May last year, was hospitalised on Thursday after he collapsed in the prison bathroom