Page 220 - Supreme Court

Agency can't file charge sheet without completing probe to deny bail: SC

The verdict of the top court came on a plea filed by Ritu Chhabria seeking the release of her husband on default bail

Ayurveda, Allopathy doctors not performing same work to get equal pay: SC

The Supreme Court on Wednesday held that practitioners of alternative systems of medicine such as Ayurveda are not entitled to equal pay with allopathic doctors as they not are involved in performing emergency duties and complicated surgeries. Setting aside a Gujarat High Court order, the top court said the emergency duty that allopathy doctors are capable of performing and the trauma care that they are able to provide cannot be performed by Ayurveda practitioners. It noted that even post-mortem or autopsy is not carried out by Ayurveda practitioners. The apex court was hearing a batch of appeals challenging a 2012 Gujarat High Court order which had held that Ayurveda practitioners are entitled to be treated at par with doctors with MBBS degrees. While recognising the importance of Ayurveda practitioners and the need to promote alternative or indigenous systems of medicine, the top court said that it cannot be oblivious of the fact that both categories of doctors are certainly not

Ayurveda practitioners not entitled to same pay as MBBS doctors, says SC

From Gujarat HC's order on Ayurveda practitioners to same-sex marriage case, here are the important cases that the Supreme Court heard today

'Unbridled' powers to ED: Chhattisgarh govt moves SC against PMLA

It has requested the Supreme Court to intervene using its powers granted by the Constitution's Article 131 which allows it to decide on inter-state or Centre-state disputes

Women in India face challenges in protecting their IPR: Justice Hima Kohli

Supreme Court judge Justice Hima Kohli on Wednesday said women in India face unique challenges in securing and protecting their Intellectual Property Rights like gender bias, discrimination at workplace and lack of awareness and education concerning these rights. Another significant challenge faced by the women is the need for more legal resources and support, she said. The apex court judge was speaking at 'IP Eloquence 2023 Annual Event on World Intellectual Property Day' on the topic Women and IP Accelerating innovation and creativity which was organised at the Delhi High Court. Justice Kohli further said with ever increasing economic growth and globalisation, a robust IPR (Intellectual Property Rights) regime is critical for a flourishing economy and as a rapidly developing economy, India has been attracting several investments. Women face unique challenges in securing and protecting their IPRs in India such as gender bias, discrimination at workplace, lack of awareness and ..

Leave the issue of same-sex marriage to the Parliament: Centre tells SC

"The real question is who would take a call on what constitutes marriage between a particular class of people," Solicitor General Tushar Mehta, appearing for the Centre, said on fifth day of hearing

SC modifies 2022 order, removes ban on development activities around ESZs

The apex court's decision was announced after a three-judge bench, headed by Justice BR Gavai, revised their previous ruling

Marriage equality: CJI rebuffs elitist argument; Centre says leave it to us

As the SC resumed hearing the petitions in the ongoing marriage equality case, CJI observed that the elitism argument of the Centre is just prejudice and shall have no bearing on the court's decision

Leave questions raised in same sex marriage pleas to Parliament: Centre

The Centre on Wednesday requested the Supreme Court to consider leaving questions raised in the pleas seeking legal sanction for same sex marriages to Parliament. Solicitor General Tushar Mehta, appearing for the Centre, told a five-judge Constitution bench headed by Chief Justice D Y Chandrachud that the apex court is dealing with a "very complex subject", which has a "profound social impact". "The real question is who would take a call on what constitutes marriage and between whom," Mehta said on the fifth day of hearing. He told the bench, also comprising Justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha, that there would be ramifications on several other statutes which would need a debate in the society and also in various state legislatures. Hearing in the matter is underway.

No charge sheet in court without completing probe: SC to probe agencies

The Supreme Court on Wednesday said that an investigating agency should not file charge sheet in court without completing probe to deprive default bail to an accused. According to section 167 of the CrPC, an accused will be entitled to default bail if the investigating agency fails to file a charge sheet within 60 days from the date of remand. For certain category of offences, the stipulated period can be extended till 90 days. "If an investigating agency files a charge sheet without completing investigation, the same would not extinguish the right of the accused to get default bail," a bench of Justices Krishna Murari and Sanjay Kumar said. The top court's judgement came while granting bail to an accused in a criminal case.

Took conscious decision to discontinue Muslim quota: K'taka govt to SC

The state submitted that the provision of reservation on the basis of religion would also be contrary to the concept of secularism

Preliminary probe needed before FIR on wrestlers' allegations: SC told

The Delhi Police on Wednesday told the Supreme Court that some kind of preliminary probe was needed before it can proceed with the registration of an FIR over sexual harassment allegations levelled by seven women wrestlers against WFI chief Brij Bhushan Sharan Singh. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha was told by Solicitor General Tushar Mehta, appearing for the Delhi Police, that if the top court felt that an FIR was to be lodged straight away, it may be done. We, prima facie feel, that there was a need to conduct a preliminary investigation before the registration of the FIR, the top law officer said. Mehta said let an impression not be created that the FIR has not been registered despite the court asking for it. The bench took note of the submissions of Mehta and said Delhi Police may put forth its views on registration of the FIR on April 24 when the plea of wrestlers will be heard. The top court on Tuesday issued notices to the Delhi Po

Parl has power to legislate; how far can courts go: SC on same sex marriage

The Supreme Court on Tuesday said Parliament undisputedly has the legislative power over issues raised in pleas seeking legal sanction for same-sex marriage and pondered over the "interstices" left open for it to exercise its power and till what extent. A five-judge Constitution bench headed by Chief Justice of India D Y Chandrachud was faced with several consequential legal questions, such as adoption, succession, intestacy and laws governing pension and gratuity where a once legally-acknowledged spouse is the beneficiary, if it decides to legalise same-sex marriage. The bench observed that if same-sex marriage is allowed, then the judicial interpretation, keeping in mind the consequential aspects, will not remain confined to the Special Marriage Act, 1954 and personal laws will also come into play. "Now, the question which we really therefore have to pose is, if this is a power which is conferred specifically on Parliament, where does the court really exercise its jurisdiction. ..

SC issues notice to Delhi Police on plea by 7 wrestlers against WFI chief

The Supreme Court on Tuesday issued notices to the Delhi Police and others on a plea by seven women wrestlers seeking registration of an FIR against WFI chief Brij Bhushan Sharan Singh over allegations of sexual harassment, saying the matter is "serious" and requires its consideration. As more political leaders including former Haryana chief minister and Congress leader Bhupinder Singh Hooda and functionaries of some 'khap' panchayats and farmers' organisations rallied behind the country's top wrestlers protesting at Jantar Mantar here, the petition contended that despite filing complaints the Delhi Police has failed to register the FIR. The wrestlers asserted that they won't leave the protest site until Brij Bhushan, who is also a BJP MP, is arrested. They had resumed their sit-in protest on Sunday and demanded that the findings of the oversight panel that investigated the allegations be made public. The oversight committee was set up by the Sports ministry in January after the ...

Unstamped arbitration agreements invalid in law, says Supreme Court

Legal experts said that this judgment will give some clarity and predictability

Regime granting 4% quota for Muslims will continue till May 9: SC to K'taka

The Supreme Court on Tuesday said Karnataka's earlier regime granting four per cent reservation to Muslims will continue to hold the field till May 9. The top court will hear the batch of petitions just on the eve of the polling on May 10. The poll results will be declared on May 13. A bench of justices KM Joseph and BV Nagarathna also said the decision of scrapping of the four per cent quota for Muslims in 2B category of the 'Other Backward Castes' and granting benefits of increased quota to Vokkaligas and Lingayats in admissions and appointments to government jobs will not be implemented till May 9 after the state government sought time to file its reply. At the outset, Solicitor General Tushar Mehta, appearing for the Karnataka government, said he will be filing the reply, which is prepared and is a bulky document on a batch of the pleas during the day. "I will be filing it today but the problem is I (solicitor general) am in personal difficulty as arguing before the constitutio

Sexual harassment: SC sends notice to Delhi govt on plea of women wrestlers

The Supreme Court on Tuesday issued notices to the Delhi government and others on a plea by seven women wrestlers seeking an FIR against WFI president Brij Bhushan Sharan Singh, saying the allegations of sexual harassment levelled by them are "serious" and require its consideration. The top court was initially of the view that the plea may be listed for hearing on Friday. However, after hearing some arguments from senior advocate Kapil Sibal, who mentioned the matter, it decided to take up the case straightaway. A bench comprising Chief Justice DY Chandrachud and Justice P S Narasimha said normally, a remedy to approach police is available under Section 156 (police officers' power to investigate cognisable cases) of the Code of Criminal Procedure. "What are the charges," it asked. Sibal said the seven wrestlers, including a minor, have made alleged sexual harassment allegations but no FIR has been lodged so far despite the law being very clear on this aspect. "These are women ...

SC issues notice on wrestlers' plea against WFI chief: Here're the details

The Supreme Court sought a response from the Delhi Police and the government of Delhi on the wrestlers' demand to register an FIR against WFI chief

Wil not implement decision on scrapping 4% reservation for Muslims: Bommai

Karnataka Chief Minister Basavaraj Bommai on Tuesday said the state government will not implement its decision to scrap four per cent reservation for Muslims in 2B category of the 'Other Backward Castes' till the hearing in the Supreme Court is completed. He emphasised that the reservation for 17 sub-castes of extremely backward Muslims who are placed in Category-1 and Category 2-A have not been touched. "We had decided that till the time the hearing is complete we will not take it forward. Court has not given any stay. We only have said that you (SC) hear the case; so long the case is heard, we will not implement it," Bommai told reporters here. He was reacting to the Supreme Court's direction to the Karnataka government not to implement its decision of scrapping four per cent reservation for Muslims till May 9 when the matter will be heard. At the fag end of its term, the BJP government decided to abolish the four per cent reservation for Muslims under 2-B category. The four per

UCC: Delhi HC asks lawyer to file information on similar pleas before SC

The Delhi High Court said on Tuesday the petition by lawyer Ashwini Kumar Upadhyay seeking implementation of a Uniform Civil Code (UCC) was prima facie not maintainable and asked him to place before it the prayers made by him before the Supreme Court in similar matters. "You file those prayers. We will see. It is prima facie not maintainable. We will first see if it is maintainable," a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad told Upadhyay. The court was informed that in March the top court refused to entertain petitions by Upadhyay in respect of gender neutral and religion neutral laws observing that these fell within the legislative domain and that he had even withdrawn a plea from there in relation to UCC in 2015. The court remarked that a "simpliciter withdrawal" has to be distinguished from a "withdrawal with liberty" to approach a court with the same grievance and directed the petitioner to file the prayers in these matters in four ...