Page 232 - Supreme Court

SC directs CPCB to ensure VRS installation at retail petroleum outlets

The Supreme Court on Tuesday directed the Central Pollution Control Board to ensure all retail petroleum outlets located in different cities having a population of more than 10 lakh and a turnover of over 300 kilolitres a month install Vapour Recovery System (VRS) mechanism within the fresh timeline prescribed by the CPCB. VRS is process which can arrest the release of harmful organic compounds from petroleum products. A bench of Justice Sudhanshu Dhulia and JB Pardiwala, while disposing of a batch of appeals filed by Indian Oil Corporation Ltd and others against an order of the National Green Tribunal, said the VRS mechanism shall be installed within the fresh timeline as prescribed by the CPCB in its June 4, 2021 circular. "The CPCB shall ensure that all the retail petroleum outlets located in different cities having population of more than 10 lakh and having turnover of more than 300 KL/Month shall install the VRS mechanism within the fresh timeline as prescribed in its circular

Bhopal gas tragedy: SC nixes Centre's plea for more compensation to victims

A Constitution Bench said that the sum of Rs 50 crore lying with the RBI shall be utilised by the Union of India to satisfy pending claims

Order assigning cases to benches can only be passed by CJI, says SC

A Supreme Court bench, which was assigned a case by another bench of equal strength has said orders pertaining to placing a case before benches can only be passed by the chief justice of India. A bench of Justices BR Gavai and Vikram Nath, which was assigned a case related to consumer protection by a bench of Justices MR Shah and CT Ravikumar, said, "If the particular bench in a particular situation finds that a matter be placed before another bench, the bench is required to direct the matter to be placed before the chief justice of India for obtaining appropriate orders." The bench led by Justice Gavai, in its order passed on Monday, gave the timeline of the case and said it is a normal practice of this court that a matter follows a judge who was part of a bench that had passed an effective order. "In the present proceedings, the only effective order that has been passed is on September 27, 2021, of issuance of notice," it said, adding that the said order was passed by a bench ...

Court should separate chaff from grain when evidence is partly reliable: SC

The Supreme Court said on Tuesday a court is required to be circumspect, separate the chaff from the grain and seek further corroboration from reliable testimony, direct or circumstantial, in cases where evidence is partly reliable and partly unreliable. The apex court, which acquitted four people convicted and sentenced to life imprisonment in a murder case of 2006, observed that immediate lodging of FIR provides credence to the prosecution's case when the parties involved are at loggerheads. A bench headed by Justice B R Gavai allowed the appeals filed by the accused challenging the November 2014 judgement of the Chhattisgarh High Court which had dismissed their appeals and confirmed the May 2008 verdict of the trial court convicting them and others in the case. The bench, also comprising Justices Vikram Nath and Sanjay Karol, said in the category of "wholly reliable" witness, there is no difficulty for the prosecution to press for conviction on the basis of testimony of such a .

Trial in Lakhimpur Kheri violence case not 'slow paced', says Supreme Court

The Supreme Court on Tuesday said the trial in the 2021 Lakhimpur Kheri violence case, in which Union minister Ajay Kumar Mishra's son Ashish is among those facing prosecution, is not "slow paced" and directed the concerned sessions judge to keep apprising it about the future developments of the trial. The top court observed though it is not monitoring the trial but it is having an "indirect supervision" on it. A bench of Justices Surya Kant and J K Maheshwari said the interim direction contained in its January 25 order, by which it had granted eight-week interim bail to Ashish Mishra in the case, shall continue to operate. Advocate Prashant Bhushan, representing the victim families, told the bench that about 200 prosecution witnesses have to be examined and he is concerned about the "slow pace of the trial". "The trial is not slow paced. We have received three letters from the trial judge," the bench observed, adding it had gone through the contents of the letters received from th

Invoices, cheque payment not sufficient to claim ITC under VAT: SC

Apex court allows tax authorities' appeal against Karnataka High Court judgment

SC agrees to hear Karnataka Lokayukta's plea against bail to BJP MLA

The Supreme Court Tuesday agreed to hear plea of the Karnataka Lokayukta against grant of anticipatory bail by the high court to BJP MLA Madal Virupakshappa, the main accused in the Karnataka Soaps and Detergents (KSDL) contract scam. The plea was initially mentioned for urgent listing before a bench headed by Chief Justice DY Chandrachud, who asked the Lokayukta's counsel to mention the matter before a bench headed by Justice Sanjay Kishan Kaul. When the counsel requested that the matter be listed as earlier as possible, the CJI said since the court of the Chief Justice is hearing a constitution bench matter, it will not be possible for the bench to hear it. CJI Chandrachud said, "You can mention the matter before the bench headed by Justice Sanjay Kishan Kaul. We are hearing a constitution bench matter or else we would have taken it at the end of the board". The counsel said the matter can be taken up at 2 pm. CJI Chandrachud said, "Alright. You mention before Justice Kaul". Th

Bhopal gas tragedy: SC dismisses Centre's plea for additional funds

The Supreme Court on Tuesday dismissed the Centre's curative plea seeking an additional Rs 7,844 crore from the Union Carbide Corporation's (UCC) successor firms to extend higher compensation to the victims of the 1984 Bhopal gas tragedy that killed over 3,000 people and caused environmental damage. A five-judge constitution bench headed by Justice Sanjay Kishan Kaul said there was no rationale by the Centre to rake up the issue two decades after the settlement. The top court said that a sum of Rs 50 crore lying with the RBI for the victims shall be utilised by the Union of India to satisfy pending claims of victims. "We are unsatisfied with the Union of India for not furnishing any rationale for raking up this issue after two decades...We are of the view that curative petitions cannot be entertained," the bench said. The bench also comprising Justices Sanjiv Khanna, Abhay S Oka, Vikram Nath and J K Maheshwar had on January 12 reserved its verdict on the Centre's curative plea. Th

Bhopal Gas Tragedy: SC dismisses Centre's plea for additional compensation

Centre had demanded an additional compensation of Rs 7,400 crore from the successor firms of Union Carbide Corporation (UCC) for the victims of the 1984 Bhopal gas tragedy

Same-sex marriage in India: What did Supreme Court say in the case?

The three-member bench headed by CJI DY Chandrachud said that the issue was 'very seminal' and must be decided by a Constitution bench

Bhopal gas tragedy: SC verdict on Centre's plea for more funds on Mar 14

The Supreme Court is scheduled to pronounce its verdict on Tuesday on the Centre's curative plea seeking an additional Rs 7,844 crore from Union Carbide Corporation's successor firms to extend higher compensation to the victims of the 1984 Bhopal gas tragedy that killed over 3,000 people and caused environmental damage. A five-judge constitution bench headed by Justice Sanjay Kishan Kaul will pronounce the verdict. The bench, also comprising Justice Sanjiv Khanna, Justice Abhay S Oka, Justice Vikram Nath and Justice J K Maheshwar, had on January 12 reserved its verdict on the Centre's curative plea. On January 12, the successor firms of UCC told the top court that the depreciation of the rupee since 1989, when a settlement was arrived at between the company and the Centre, cannot be a ground to now seek a "top-up" of compensation for the victims of the Bhopal gas tragedy. The firms had told the top court that the Government of India never suggested at the time of the settlement that

RCap insolvency: SC agrees to hear Torrent plea against NCLAT order

Hearing on March 20; second round of auction of RCap auctions allowed by NCLAT stand deferred, say lawyers

5-judge Constitution Bench to decide legal validation of same-sex marriage

The Supreme Court on Monday referred the pleas seeking legal validation of same-sex marriages to a five-judge constitution bench for adjudication, saying the issue is of "seminal importance". A bench headed by Chief Justice D Y Chandrachud said the submissions on the issue involve an interplay between constitutional rights on the one hand and special legislative enactments, including the Special Marriage Act, on the other. "We are of the considered view that it would be appropriate if the issues raised are resolved by a bench of five judges with due regard to Article 145 (3) of the Constitution. Thus, we direct the matter be placed before a five-judge Constitution bench," said the bench, also comprising Justices PS Narasimha and JB Pardiwala. The court posted the matter for arguments on April 18 and said the proceedings will be live-streamed as is done in case of hearings before the constitution benches. Appearing for the Centre, Solicitor General Tushar Mehta, urged the court to

SC asks authorities to remove mosque from Allahabad HC complex in 3 months

The Supreme Court on Monday directed authorities to remove a mosque from the premises of the Allahabad High Court within three months, telling the petitioners opposing the demolition that the structure stood on a terminated lease property and they can't claim it as a matter of right to continue. The petitioners, Waqf Masjid High Court and UP Sunni Central Waqf Board, had challenged a November 2017 Allahabad High Court order, which had given them three months to move the mosque out of the premises. The top court dismissed their plea on Monday. A bench of Justices MR Shah and CT Ravikumar, however, allowed the petitioners to make a representation to the UP government for allotment of land nearby for the mosque. It told the petitioners that the land was a lease property, which was terminated, and they can't claim it as a matter of right to continue. "We further grant three months time to demolish the construction in question by the petitioners and if the construction is not removed .

SC to hear Torrent plea against NCLAT allowing 2nd RCap auction on March 20

The second-round auction, scheduled for March 20, will not take place now, further delaying the resolution process of RCAP

Same-sex marriage not in sync with Indian societal morality, ethos: Govt

The central government has told the Supreme Court that living together as partners and having sexual relationship by same sex individuals

Torrent Group to appeal against NCLAT order in Reliance Cap matter in SC

The initial bidding process ended on December 21, 2022 and Torrent Investments was found to be the highest bidder with Rs 8,640 crore

Pandemic forced judiciary to adopt modern methods to impart justice: CJI

Chief Justice of India DY Chandrachud said on Friday the COVID-19 pandemic forced the judicial system to adopt modern methods to impart justice and the goal now must be to evolve judicial institutions and not wait for another pandemic to take active decisions. Speaking at the 18th meeting of the chief justices of the Supreme Courts of the Shanghai Cooperation Organisation (SCO) member states, Chandrachud highlighted the steps taken by the Indian judiciary with the onset of the pandemic. He said since the pandemic, the district courts in India heard 16.5 million cases, the high courts 7.58 million cases, while the Supreme Court heard 3,79,954 cases through video-conference. "In conclusion, the pandemic forced the judicial system to adopt modern methods to impart justice. But our goal must lie in evolving our judicial institutions as a matter of principle, and not wait for another pandemic to take active decisions," the CJI said at a joint interactive session. The Supreme Court and t

Appointment delayed for lack of I-T returns, SC relief for ITAT members

The Supreme Court has allowed a member of the Income Tax Appellate Tribunal (ITAT) to continue in the post till the age of 62 years as per the provisions of the Income Tax Act, 1961

Top headlines: FMCG demand up in Feb, Torrent moves SC against NCLAT order

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