Page 216 - Supreme Court

No legal system can keep raking up resolved issues repeatedly: SC

The Supreme Court has said that no legal system can have a scenario where someone keeps on raking up an issue repeatedly once it is resolved at the highest level and termed it a "complete wastage of the judicial time". The remarks came as the apex court dismissed with a cost of Rs 10,000 a plea filed by a man noting that he was dismissed from service and the matter stood closed in 2004. It noted that a review petition in the matter was also rejected. A bench of Justice S K Kaul and Justice Aravind Kumar said the petitioner has not filed a curative plea but a writ petition under Article 32 of the Constitution claiming that injustice has been done to him and the matter should be reopened. Article 32 of the Constitution gives individuals the right to move the Supreme Court for justice when they feel their fundamental rights have been infringed. "No legal system can have a scenario where a person keeps on raking up the issue again and again once it is resolved at the highest level. Th

Homosexuality a disorder, will grow if same-sex marriage legalised: Survey

Many doctors and allied medical professionals believe that homosexuality is "a disorder" and it will increase further in society if same-sex marriage is legalised, according to a survey by Samwardhini Nyas, an affiliate of the women's wing of the RSS. A senior functionary of the Rashtra Sevika Samiti, a women's organisation which parallels the Rashtriya Swayamsevak Sangh (RSS), said the findings of the survey are based on 318 responses collected across the country covering medical practitioners from eight different pathies of treatment from modern science to Ayurveda. In their response to the survey, according to Samwardhini Nyas, nearly 70 per cent of the doctors and allied medical professionals stated that "homosexuality is a disorder" while 83 per cent of them "confirmed transmission of sexual disease in homosexual relations." "From the survey, it is observed that the decision to legalise such marriages may promote more disorder in the society rather than curing patients and ...

SC says it's not an institution to sermonise society on morality, ethics

The Supreme Court has said it is not an institution to "sermonise" society on morality and ethics and is bound by the brooding presence of the rule of law, as it allowed the appeal of a woman convicted of poisoning her two sons to death. The apex court made the observation while dealing with the appeal filed by the woman against the August 2019 judgement of the Madras High Court which had upheld her conviction for murdering her two sons. The top court noted the woman had a love affair with a man, who used to threaten her often, and this led her to take the decision to end her life by suicide along with her children. A bench of Justices Ajay Rastogi and A Amanullah observed in its verdict that the woman bought pesticides and administered them to the two children who died. When she tried to consume the poison herself, her niece knocked it away. "This court is not an institution to sermonise society on morality and ethics and we say no further on this score, bound as we are, by the ..

Doesn't deserve sympathy: SC rejects bail plea of ex-CMD of Amrapali Group

The Supreme Court has rejected the bail plea of former CMD of Amrapali Group of Companies Anil Kumar Sharma, saying he cheated thousands of home buyers and did not deserve any sympathy. A bench comprising Justices Ajay Rastogi and Bela M Trivedi refused to issue notice to the prosecuting agency on the bail plea of Sharma, who has been in jail for over four years in the case. "You have cheated thousands of home buyers.You siphoned off their hard-earned money and their life savings. You do not deserve any sympathy," the bench said on Thursday. The former CMD of the real estate group and other directors of the firm were arrested on the direction of the top court after the forensic audit report revealed that a large amount of home buyers' money was siphoned off by the management. It said the offence ran "very deep" and even the court was facing difficulties in tackling the problem. Yours is not a case of simple cheating. See the plight of thousands of home buyers. You cannot have our

SC refuses to hear plea against disqualification of convicted politicians

From deferring to hearing plea challenging validity of automatic disqualification of politicians on conviction to closing proceeding on women wrestlers' plea, here's a look at cases heard in SC today

EWS reservations: Bench led by CJI to hear petitions challenging SC verdict

The five-judge Constitution bench headed by Chief Justice of India DY Chandrachud on May 9 will hear review petitions challenging the earlier SC verdict

Re-examine rape complaint against Vijayvargiya, others: SC tells court

The Supreme Court directed a judicial magistrate to re-examine a rape complaint filed by a woman against senior BJP leaders Kailash Vijayvargiya, Pradeep Joshi, and Jishnu Basu, in West Bengal in 2018

Sterlite copper unit: SC directs Tamil Nadu to take decisions by June 1

The Supreme Court on Thursday asked the Tamil Nadu government to take appropriate decisions by June 1 in pursuance of the apex court's April 10 direction by which it had allowed the Vedanta group to carry out upkeep of its Sterlite copper unit in Tuticorin under the supervision of a local level monitoring committee. In its April 10 order, the top court had also allowed evacuation of the remaining gypsum at the plant and making available the required manpower as requested by the company. It had noted the District Collector had not recommended activities like undertaking civil and structural safety integrity assessment study in the plant premises, removal and transportation of spares and equipment and evacuation of in-process reverts and other raw material lying idle. "As regards the actions which were not recommended by the District Collector, C S Vaidyanathan, senior counsel appearing on behalf of the State of Tamil Nadu states that the state government will once again evaluate ..

Protest to continue, verdict not a setback: Wrestlers after SC closes case

Claiming that the Supreme Court's decision to close proceedings on the plea of sexual harassment allegations against WFI chief Brij Bhushan Sharan Singh is not a setback, the wrestlers on Thursday said they will continue their protest. The wrestlers have been sitting on protest since April 23, demanding the arrest of Wrestling Federation of India (WFI) president Brij Bhushan alleging that he has sexually harassed seven female grapplers, including one minor. However, the top court on Thursday closed the proceedings on a plea by three women wrestlers, who have levelled sexual harassment allegations against Brij Bhushan, noting that FIRs have been registered and the seven complainants have been provided adequate security. "We respect the Supreme Court order, protest will continue," Rio Olympics bronze medallist Sakshi Malik said. "Supreme Court order is not a setback, it did what it could in this matter," she added. The wrestlers further said that they will decide the future course o

Complying with SC directive, govt clarifies pension on higher wages

In accordance with the letter and spirit of the EPF and MP Act and the code, the government decided to draw an additional contribution of 1.16% from employees

SC allows Kanimozhi's plea, quashes petition challenging her election

The Supreme Court on Thursday dismissed an election petition challenging the election of DMK MP Kanimozhi from Tamil Nadu's Thoothukudi constituency in 2019. Kanimozhi had challenged a Madras High Court order which had refused to dismiss the petition against her "The election petition is dismissed. Appeal is allowed," a bench of Justices Ajay Rastogi and Bela M Trivedi said. Kanimozhi contested from the Thoothukudi constituency in 2019 and her election was challenged by a voter, A Sanathana Kumar, on grounds that she failed to mention her husband's Permanent Account Number (PAN) in her election affidavit disclosing family assets.

Govt asks SC to not rush in granting legal validation to same-sex marriage

The apex court on Wednesday heard a plea in the same-sex marriage case and 7 women wrestler moved SC seeking permission to file an affidavit

Special Marriage Act deals with inter-faith, inter-caste marriages, says AG

The Attorney General of India informed the Supreme Court that the Special Marriage Act deals with inter-faith, inter-caste heterosexual marriages.The five-judge Constitution Bench comprising of the Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha is dealing with a batch of petitions pertaining to 'marriage equality rights for LGBTQIA+ community.Attorney General of India R Venkataramani submitted before a five-judge Constitution bench that the multifaceted dimensions of the issues, though rooted in the conception of marriage, are not to be addressed only through the prism of the Special Marriage Act, but by a comprehensive stand-alone law, that may deal with the multi-dimensional issues arising out of the claim of persons other than heterosexuals.The issues relating to transgender persons arising out of The Transgender Persons (Protection of Rights) Act, 2019 stand on a different footing and can be ..

Right to choose partner does not imply right to marry above law: Govt to SC

The right to choose a partner does not necessarily imply the right to marry such person over and above the procedure established by law, the Centre Wednesday told the Supreme Court while urging it to dismiss the petitions seeking legal validation for same-sex marriage. In his written submissions, Solicitor General Tushar Mehta, appearing for the Centre, said there cannot be a presumption that the State is obliged to recognise all human relationships, rather the presumption has to be that State has no business to recognise any personal relationships, unless it has a legitimate state interest in regulating the same. A five-judge constitution bench headed by Chief Justice D Y Chandrachud is hearing arguments on a batch of pleas seeking legal sanction for same-sex marriage. Mehta said in his written submissions that any non-inclusion would not per se become unconstitutional and even more so if the State can establish a clear and discernible policy premised on an intelligible differentia

Supreme Court sets aside HC stay on SIT probe in Amaravati land case

In a shot in the arm for the Jagan Mohan Reddy government, the Supreme Court on Wednesday set aside an Andhra Pradesh High Court order which had stayed an SIT probe into alleged irregularities in the land deals in Amaravati during the previous TDP regime. Through a government order of September 26, 2019, the Reddy government had appointed a Cabinet Sub Committee to examine the allegations of corruption against members of the erstwhile government which recorded a prima facie finding about certain allegations. On the basis of the report, the state government issued a second order and constituted the 10-member SIT, headed by a Deputy Inspector General of Police-rank IPS officer, to conduct a comprehensive investigation into various alleged irregularities, particularly the land deals in the Amaravati Capital Region, during the previous Chandrababu Naidu regime. Both the notifications were stayed by the high court indefinitely which led the state to approach the top court for relief. An

Same-sex marriage: We don't go by popular or segmental morality, says SC

Centre to form a panel to address 'genuine humane concerns' of same-sex couples

Supreme Court paves way for tribunal to act against IL&FS auditors

The court said the intention of the legislature behind Section 145 is very clear

Is he so indispensable? SC asks Centre over extension given to ED Director

"Can one person be so indispensable?" the Supreme Court asked the government on Wednesday as it questioned it about the third extension of service given to ED Director Sanjay Kumar Mishra despite its express direction that no further extension shall be granted to him. The top court said it had categorically held in its 2021 judgement that any extension of tenure granted to officers holding the post of Director of Enforcement after attaining the age of superannuation should be for a short period and clearly mentioned that no further extension will be given to Mishra. "Is there is no other person in the organisation who can do his job? Can one person be so indispensable? "According to you, there is no one else in ED who is competent? What will happen post to the agency post-2023, when he does retire?" a bench of Justices BR Gavai, Vikram Nath and Sanjay Karol asked Solicitor General Tushar Mehta, who represented the Centre. The barrage of questions from the bench came after the ...

We don't go by segmental morality, says SC on same-sex marriage row

We don't go by either "popular morality or segmental morality" but what the Constitution mandates, the Supreme Court observed on Wednesday when an argument was advanced before it that young same-sex couples across the country wanted to get married. A five-judge constitution bench headed by Chief Justice D Y Chandrachud was hearing arguments on a batch of pleas seeking legal validation for same-sex marriage. During the arguments on the seventh-day of hearing, senior advocate Saurabh Kirpal, who is appearing for the petitioners, said they have spoken to gay people at various seminars and 99 per cent of them came up and said the only thing they want is to get married. Senior advocate Menaka Guruswamy, who is also representing the petitioners' side, said she has spoken at different events and found that young gay couples wanted to get married. "I don't say this as an elite lawyer. I say this having met these young people. Do not let them experience what we have experienced," she told

Same-sex couples: Govt to explore administrative steps to address concerns

The Centre on Wednesday told the Supreme Court that a committee headed by the cabinet secretary would be constituted to explore administrative steps for addressing some concerns of same-sex couples without going into the issue of legalising their marriage. Solicitor General Tushar Mehta, appearing for the Centre, told a five-judge Constitution bench headed by Chief Justice D Y Chandrachud, which is hearing a batch of pleas seeking legal validation of same-sex marriage, that the government is positive about the suggestion for exploring administrative steps in this regard. He told the bench, which also comprised justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha, that this will need coordination between more than one ministries. On the seventh day of hearing in the matter, Mehta said the petitioners can give their suggestions on the issue of exploring what administrative steps can be taken in this regard. While hearing the matter on April 27, the apex court had asked the Centr