Page 211 - Supreme Court

Give report on Adani-Hindenburg probe by August 14, SC tells Sebi

Court says it cannot give 'indefinite extension' to markets regulator

Giving power to LG to nominate aldermen would destabilise elected MCD: SC

The Supreme Court on Wednesday observed that giving the Lieutenant Governor the power to nominate aldermen in the Municipal Corporation of Delhi would mean that he can destabilise an elected civic body. A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala made this observation while reserving its verdict on plea of the Delhi government challenging the LG's power to nominate aldermen in the MCD. "Is the nomination of 12 specialised people in MCD is of that much concern to the Centre? Actually, giving this power to the LG would effectively mean that he can destabilise the democratically elected Municipal Committees because they (aldermen) will have voting powers also", the bench observed. On Tuesday, the top court had asked about the "source of power" of the LG under the Constitution and the law to nominate aldermen to the MCD without the aid and advice of the elected government. It was hearing a petition filed by the AAP government challenging the ...

Adani-Hindenburg case: SC grants Sebi time till August 14 to submit report

While granting the extension, CJI DY Chandrachud said that the proceedings shall be listed after the summer recess

SC asks Manipur to file status report on security measures for victims

The Supreme Court on Wednesday said it will ensure that the political executive does not turn a blind eye to the law and order situation in Manipur, and asked the state government to file a fresh status report on measures taken for security and relief and rehabilitation of the violence-hit people. A bench headed by Chief Justice D Y Chandrachud said it will not deal with the legal issues arising out of the Manipur High Court's decision on grant of reservation to majority Meiteis as the pleas challenging the order were pending in the larger division bench there. "Law and order is a state subject. As the Supreme Court of India we will ensure that the political executive does not turn a blind eye to the situation, said the bench which also comprised Justices P S Narasimha and J B Pardiwala. The top court took into account security apprehensions of Kuki and other tribal communities in the state and ordered that the chief secretary and his security advisor will assess and take steps to .

SC adjourns hearing on CBI's plea against DK Shivakumar to July 14

The Supreme Court on Wednesday adjourned to July 14 the hearing on CBI's plea that challenged a Karnataka High Court order granting an interim stay on the probe into a disproportionate assets case against Karnataka Pradesh Congress Committee president D K Shivakumar. A bench of Justices B R Gavai and Sanjay Karol deferred the matter after senior advocate Abhishek Singhvi, appearing for Shivakumar, said the matter is coming up before the high court on May 23. The Karnataka High Court had on February 10 stayed the Central Bureau of Investigation's proceedings in a corruption case against Shivakumar. The stay was later further extended on different dates. The Income Tax Department had in 2017 conducted a raid against Shivakumar, on the basis of which, the Enforcement Directorate started its probe against him. Following the ED investigation, the CBI later sought sanction from the state government to file an FIR against him. The sanction came on September 25, 2019, and on October 3, 20

Youth Cong chief gets interim protection from arrest in harassment case

The Supreme Court on Wednesday granted interim protection from arrest to Indian Youth Congress president B V Srinivas in a case lodged by an expelled woman leader of the party from Assam accusing him of causing mental agony. Srinivas had challenged a Gauhati High Court order rejecting his anticipatory bail plea. A bench of Supreme Court Justices B R Gavai and Sanjay Karol issued notices to the Assam government and others, seeking their replies in the matter by July 10. "We have perused the (CrPC section) 164 statement which has been so graciously placed before us by the prosecution. We do not wish to say anything against the state at this stage. "Taking into consideration the one-month delay in lodging FIR, the petitioner is entitled to interim protection," the bench said. The top court also directed Srinivas to cooperate in the investigation and appear before the police on May 22. On May 5, the Gauhati High Court had rejected the anticipatory bail plea of Srinivas in a case lodg

Not subject to advice of Delhi govt: LG to SC on power to nominate aldermen

The LG's office said that the discretionary power of "administrator" under the DMC Act is recognised independent of any interference by the other four sources of authority

Advocate K V Viswanathan's name recommended by Collegium to become 58th CJI

Justice MR Shah and Justice Dinesh Maheshwari demitted office within a span of last two days, bringing the strength of the top court to 32 judges

Chhattisgarh money laundering case: SC pulls ED, says don't create fear

From pulling up ED in Chhattisgarh money laundering case to questioning the source of power of Delhi-LG while nominating 10 aldermen, here are the important cases of the day

SC dismisses review petitions against verdict upholding EWS quota

He said reservation structured singularly on economic criteria does not violate any essential feature of the Constitution and does not cause any damage to the basic structure of the Constitution

SC pulls up Sukesh over plea seeking extension to meet lawyers in jail

The Supreme Court on Tuesday rapped alleged conman Sukesh Chandrasekhar for filing a plea seeking extension of time to meet and consult his lawyers in the Mandoli jail here. A bench of Justices Ajay Rastogi and Bela M Trivedi said visitation is already being provided to Chandrasekhar as per prison rules. "You give the name of the lawyers, we will ask the jail authorities to allow your lawyers stay in the jail. What kind of statement you are making in this court? Do you want a privilege in jail? the bench remarked. The counsel appearing for Chandrasekhar submitted that 28 cases are pending against his client in six cities and more than 10 lawyers have been engaged. According to jail rules, only 30 minutes twice a week is being given to meet lawyers, which is not sufficient, his lawyer said, adding his client's right is being contravened. The apex court then said in its order, "It is not is dispute that visitation is provided to the petitioner in compliance of jail rules. What is be

SC to hear Gujarat judicial officers' plea whose promotions it stayed

The Supreme Court on Tuesday agreed to hear in July a plea of several Gujarat judicial officers whose promotions were stayed by it. A bench headed by Justice M R Shah, now retired, on May 12 had stayed the promotion of 68 Gujarat lower judicial officers, including Surat Chief Judicial Magistrate Harish Hasmukhbhai Varma who had convicted Congress leader Rahul Gandhi in a defamation case. A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala took note of the submissions of senior advocate Meenakshi Arora, appearing for the judicial officers, that they have been reverted back to their original lower cadre by the Gujarat High Court in pursuance of the apex court's decision of May 12. Several judicial officers are suffering humiliation due to the demotion and moreover, six states in the country follow the principle of seniority-cum-merit for promotion, said the senior lawyer. We will list it after the summer vacation in July, the CJI said, adding

Market regulator warns against premature conclusion to Adani probe

India's Supreme Court is hearing an appeal from SEBI to give it an additional six months to complete its probe into the Adani group

Have not investigated Adani Group since 2016, Sebi tells apex court

The apex court on Monday heard the Adani vs Hindenburg case along with some other crucial cases

Consumer Protection Act meant to encourage consumerism, says Supreme Court

The Supreme Court on Monday said the Consumer Protection Act, 2019, is meant to encourage consumerism in the country and any technical approach in construing its provisions against consumers would defeat the objective behind its enactment. A bench of justices J K Maheshwari and M M Sundresh said a "pedantic and hyper-technical approach" would cause damage to the very concept of consumerism. The apex court's observations came while dealing with appeals against a National Consumer Disputes Redressal Commission (NCDRC) order passed in a matter relating to completion of a housing project. The bench said the Consumer Protection Act has got a "laudable objective" and the 2019 law facilitates consumers to approach forums by providing a very flexible procedure. "It is meant to encourage consumerism in the country. Any technical approach in construing the provisions against the consumer would go against the very objective behind the enactment," it said. The bench noted that the appellant .

SC's notice on plea on video, voice notes to be taken as dying declarations

The family members did not even make a single attempt to call a medical practitioner for resuscitation of the victim or to even get her declares dead

SC defers hate speech hearing against BJP's Anurag, Parvesh Verma to Aug 14

The Supreme Court on Monday deferred to August 14 its hearing on CPI(M) leader Brinda Karat's plea related to non-registration of FIRs against BJP MPs Anurag Thakur and Pravesh Verma for their alleged hate speeches in connection with the anti-CAA protests. Karat has challenged a Delhi High Court's order dismissing a petition against a trial court's refusal to order registration of FIRs against the two BJP leaders. A bench headed by justices KM Joseph and BV Nagarathna posted the matter for further hearing in august after advocate Rajat Nair, appearing for the Delhi Police commissioner, sought time to file his response on the plea. The top court on April 17 had issued a notice and sought the response of the Delhi Police. The apex court had then observed that prima facie the magistrate's stand that sanctions under section 196 of the Criminal Procedure Code (CrPC) was required for lodging FIRs against the two BJP leaders was not correct. On June 13 last year, the Delhi High Court had

SC defers hearing of Adani-Hindenburg case; extension to Sebi yet uncertain

The deadline was sought by the regulator to complete the probe of the allegations in the Hindenburg report

SC dismisses plea seeking action against VP over remarks on judiciary

The Supreme Court on Monday refused to entertain a plea challenging the Bombay High Court order which had dismissed a petition against Vice President Jagdeep Dhankhar and Union Law Minister Kiren Rijiju over their remarks on the judiciary and the collegium system for appointment of judges. The plea came up for hearing before a bench of Justices S K Kaul and A Amanullah. "What is this? You are for the petitioner? Why have you come here? Just to complete a circle of coming to the higher court?," the bench observed. "We believe that the high court view is correct. If any authority has made an inappropriate statement, the observations that the Supreme Court is broad enough to deal with the same is the correct view," the bench said. The Bombay Lawyers Association (BLA) had approached the apex court challenging the high court's February 9 order dismissing its plea on grounds that it was not a fit case to invoke the writ jurisdiction under Article 226 of the Constitution. The BLA had cla

Dispute resolution with min court action vital for investment: Justice Shah

Stable dispute resolution with minimum court interference is necessary to attract foreign investment in India, Supreme Court judge Justice MR Shah has said. Speaking at the 2nd Arbitrate in India Conclave - 2023, Justice Shah said growth of global trade increases the importance of Alternative Dispute Resolution as a mechanism for resolving disputes. "Stable dispute resolution is necessary to attract foreign investment in India. Unless there is timely and cost-effective resolution of disputes, India cannot become the hub for international arbitration. "There is a need to understand the reasons due to which India is not being able to perform well in this domain and then work on these areas. Minimum court interference is imperative to achieve the goal of making India the hub of international arbitration," Justice Shah said at the event organised on Saturday. The conclave's second edition was organised by the Indian Dispute Resolution Centre in collaboration with the Bar Council of ...