Page 225 - Supreme Court

Have actively taken steps for decriminalisation of politics: EC to SC

Contending that it has been raising the issue of criminalisation of politics since 1998, the Election Commission has told the Supreme Court it has actively taken steps for its decriminalisation. In an affidavit filed in the top court, the poll panel said any further steps to effectively decriminalise politics would require legislative amendments which are beyond the scope of the Election Commission of India. The poll panel told the apex court that in its "Proposed Electoral Reforms, 2016", it had reiterated its 2004 recommendation that people charged with cognisable offences, which are punishable with imprisonment of at least five years, where charges have been framed and where the cases have been filed at least six months prior to the election, should be debarred from contesting elections. "It is submitted herein that the Election Commission of India has actively taken steps for decriminalisation of politics, and has also made recommendations in that regard. However, any further ..

SC permits Vedanta to carry out upkeep of its closed Tuticorin plant

The Supreme Court on Monday allowed the Vedanta group to carry out upkeep of its Sterlite copper unit at Tuticorin in Tamil Nadu under the supervision of a local level monitoring committee. A bench comprising Chief Justice D Y Chandrachud and justices P S Narsimha and J B Pardiwala allowed the evacuation of remaining gypsum at the plant and the required manpower as requested by the unit. The top court took note of the July 2022 report of the High Powered Committee, set up by the Tamil Nadu government, for carrying out a Civil and Structural Safety Integrity Assessment Study' of the plant. At least 13 people were killed and several injured on May 22, 2018 when police had opened fire on a huge crowd of people protesting against environment pollution being allegedly caused by the factory. The Tamil Nadu government had on May 28, 2018 ordered the state pollution control board to seal and "permanently" close the mining group's copper plant following violent protests over pollution ...

No penalty under 271C for belated remittance of TDS after deduction: SC

The Supreme Court Monday held that no penalty shall be leviable under section 271C of the Income Tax Act over mere belated remittance of the tax deducted at source (TDS) after its deduction by the assessee concerned. The top court noted that section 271C of the Act deals with penalty for failure to deduct TDS. It said as per settled position of law, the penal provisions are required to be construed strictly and literally and as per the cardinal principle of interpretation of statute and more particularly, the penal provision, "the penal provisions are required to be read as they are." "Nothing is to be added or nothing is to be taken out of the penal provision. Therefore, on plain reading of section 271C of the Act, 1961, there shall not be penalty leviable on belated remittance of the TDS after the same is deducted by the assessee," a bench of Justices MR Shah and CT Ravikumar said. It said section 271C of the Income Tax Act is quite categoric and its scope and extent of applicat

Delay in TDS remit shall not attract penalty, rules Supreme Court

Decides on applicability of Section 271C under Income-Tax Act

Sterlite Copper gets SC go-ahead for Thoothukudi plant maintenance

The permission was to the Anil Agarwal-led Vedanta firm on the basis of the High-Powered Expert Committee report and the recommendation of the TN govt

SC to hear plea on border pact between Meghalaya and Assam in July

A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala said the plea was wrongly listed today by the Registry and will take it up for hearing in July

SC junks plea on efficacy of Remdesivir, Favipiravir for treatment of Covid

In October 2020, the Supreme Court had sought Centre's reply on the plea alleging that Remdesivir and Favipiravir are being used for treatment of Covid-19 without approval

SC refuses to entertain two petitions relating to Agnipath scheme

The Supreme Court refused to entertain two petitions challenging Delhi High Court order upholding the validity of Agnitpath scheme and seeking to forthwith conduct Common Entrance Examination for Army

Godhra train burning case: SC to hear pleas of Guj govt, convicts on Monday

The Supreme Court is scheduled to hear on Monday bail pleas of several convicts serving life imprisonment in the 2002 Godhra train burning case. A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala is scheduled to hear along with the bail applications a batch of pleas of the convicts challenging their convictions. On March 24, the top court had said it will dispose of the bail applications of the convicts on the next date of hearing of the matter. It had taken note of the submissions of Solicitor General Tushar Mehta, appearing for the Gujarat government, that he has to verify certain factual details with regard to some convicts. The top court had, however, extended the bail granted to one of the convicts on the ground that his wife was suffering from cancer. Mehta had supported the extension of bail on medical grounds. Earlier on March 17, the top court had said it will hear on March 24 the appeal of the Gujarat government and the bail pleas of ..

Food for better education: TN govt spending Rs 12.75 a day on every child

Govt plans to expand the scheme to 30,122 more government primary schools from the next academic year

SC to hear pleas on identification of minorities at state level on Monday

The Supreme Court is scheduled to hear on Monday a batch of pleas seeking the identification of minorities at the state level. A bench of justices Sanjay Kishan Kaul and Ahsanuddin Amanullah will take up for hearing the petitions raising various issues related to the identification of minorities, including challenging the constitutional validity of the National Minority Commission Act, 1992 and the National Commission for Minority Educational Institutes Act, 2004. The pleas include the one filed by advocate Ashwini Upadhyay who has sought directions for framing guidelines for the identification of minorities at the state level, contending that Hindus are in minority in 10 states. On January 17, the top court had expressed displeasure over six states and Union Territories (UTs), including Jammu and Kashmir, not submitting their comments to the Centre on the issue of identification of minorities at the state level. "We fail to appreciate why these states should not respond. We give t

7 years after SC handed Vyapam cases to CBI, court starts framing charges

The special CBI court in Bhopal, which is dealing with Vyapam cases, has disposed of over 50 per cent of the cases, and in the latest development, it has initiated the process of framing charges

SC to hear plea on Mon for arrangement with YouTube to safeguard copyright

The Supreme Court is scheduled to hear on Monday a plea seeking a direction for a special arrangement with YouTube for safeguarding the copyright of its live-streamed proceedings according to a 2018 judgment. According to the April 10 cause list, uploaded on the apex court's website, a bench comprising Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala will hear the plea. While hearing the matter on January 2, the Supreme Court had observed that it was very easy to criticise someone or throw a stone at somebody after a petitioner contended that the court's registry has not followed the directions in the 2018 verdict on live-streaming of proceedings. The bench had asked advocate Virag Gupta, appearing for former RSS ideologue K N Govindacharya, what modalities can be followed for live-streaming at a time when the National Informatics Centre (NIC) was saying it does not have sufficient technical infrastructure to live-stream court proceedings without third party .

SC committee on Adani issue will have limited terms of reference: Congress

The Congress on Saturday said the Supreme Court committee to look into the Hindenburg research report on Adani group has limited terms of reference and "cannot bring out the deep nexus between" the prime minister and the billionaire businessman. The remarks came soon after Nationalist Congress Party (NCP) supremo Sharad Pawar said this panel will be more useful and effective than a joint parliamentary committee to probe the Adani issue. "The Supreme Court Committee has very limited terms of reference. It cannot bring out the deep nexus between PM and Adani," said AICC general secretary Jairam Ramesh. "Only a JPC can find answers to the HAHK (Hum Adanike Hain Kaun) series of 100 questions and more that are emerging," he also said, adding that the "JPCs in 1992 and 2001 were both worthwhile exercises". Congress leader Rahul Gandhi also tweeted in Hindi, "They hide the truth, that's why they mislead everyday! The question remains the same - who's Rs 20,000 crore benami money is in ...

Court gave jolt to opposition', says PM Modi on Supreme Court observation

Taking a dig at some political parties who approached the Supreme Court alleging arbitrary use of central probe agencies against opposition leaders, Prime Minister Narendra Modi on Saturday said the Apex court gave them a jolt by refusing to entertain their plea. The PM was addressing a public meeting here. "A few days ago some political parties went to the court seeking protection that no one should seek to inquire our books filled with corruption. They went to court, but court gave them a jolt, Modi said, without taking any names. He was talking about corruption and "parivarvad" at the public meeting. Recently as many as 14 political parties led by the Congress filed a petition in the Apex Court alleging that there has been an alarming rise in the use of coercive criminal processes against opposition political leaders and other citizens exercising their fundamental right to dissent. However, the Supreme Court, refusing to entertain the plea, observed that politicians do not ha

After row, Sharad Pawar 'clarifies' on JPC probe remarks, bats for SC panel

Pawar said he was not opposed to the JPC probe, but if the Committee comprises 21 members, then 15 would be from the ruling side and the remaining six from the Opposition side

SBI loan fraud: SC permits bank to respond to reply of pvt firm chairperson

The Supreme Court has permitted SBI to file a rejoinder to the reply of Suman Vijay Gupta, a citizen of the Dominican Republic and chairperson of a Mumbai-based private company, who was stopped from travelling to the UAE because of a case in which she is accused of defrauding the bank of Rs 3,300 crore. The top court had on March 16 taken up for urgent hearing the appeal of the State Bank of India against a Bombay High Court order permitting Gupta, the chairperson of Ushdev International Limited (UIL), to travel abroad on furnishing a personal undertaking that she will come back to face legal proceedings here. The Solicitor General (Tushar Mehta) submits that the applicant (Gupta) who took up the citizenship of the Dominican Republic after the declaration of her account as Non Performing Asset (NPA), has been permitted to travel by the impugned orders dated March 10, and 14 March 2023 of a Division Bench of the High Court of Judicature at Bombay... Pending further orders, there shal

Convicts, undertrials released during Covid return to jail after SC order

The inmates who were granted emergency bail or parole during the COVID-19 pandemic queued outside Tihar prison here on Friday to surrender before the authorities following the apex court's direction. Bajrang Saini, who came to drop off his two brothers who were arrested in a murder case in Delhi's Kirti Nagar, said, My brothers were arrested in a murder case around five-year-ago. They came out of the jail in 2021 and since then they have been doing private jobs. "We are hoping that the case will end in the near future, and they will be able to start their life afresh. We know that they are not criminals. They committed the crime in anger," Saini said. The Supreme Court on March 24 directed that all convicts and UTP, who were released during the COVID-19 pandemic in a move to decongest jails, to surrender within 15 days. The Delhi prisons department said that a total of 128 undertrial prisoners (UTP) and convicts returned to jail in the last 10 days, from March 27 to April 5. Among

FinMin to respond in 3 weeks to plea seeking mechanism on unclaimed funds

The Supreme Court has granted three weeks to the Ministry of Finance to file its response to a plea seeking directions to create a centralised database providing information about bank accounts, insurance, post office funds etc. held by deceased account holders.A bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala posted the matter for hearing on April 28."While the Ministry of Corporate Affairs has filed its counter affidavit, counsel for the Union of India submits that the Ministry of Finance may be granted some time to file its counter affidavit. Counter affidavit be filed within three weeks. List the petition on April 28, 2023," the bench stated in its order on Thursday.Last year the apex court had issued a notice to the Ministry of Finance, Reserve Bank of India, Securities & Exchange Board of India (SEBI) and others on the petition.The plea filed by journalist Sucheta Dalal asked the court to pass a direction for the establishment of a procedure for ...

Mosque in Qutub complex: SC rejects plea challenging Delhi HC order

The Supreme Court has dismissed a petition challenging the Delhi High Court order which had refused to advance the hearing of a plea by the Managing Committee of Delhi Waqf Board against the Archaeological Society of India (ASI) stopping namaz at the Mughal Mosque in the city's Mehrauli area. The apex court, however, requested the high court to take up the pending matter and decide it as expeditiously as possible. A bench of Justices Krishna Murari and C T Ravikumar passed the order while hearing a petition filed by the Managing Committee of Delhi Waqf Board through advocate M Sufian Siddiqui against the March 7 order of the high court. "We do not find any good ground to interfere in the matter which is already pending before the high court. Accordingly, the Special Leave Petition is dismissed," the bench said in its April 5 order. "However looking in the facts and circumstances of the case, we request the high court to take up the pending matter ... and decide the same in accordan