Page 250 - Supreme Court

SC seeks govt's response on petitions for recognising same-sex marriages

All pleas for same-sex marriages pending before high courts in India transferred to Supreme Court

Will stick to timelines, clear collegium recommendations: Govt tells SC

The AG reassured the bench and said he is personally looking into the 104 recommendations from High Court collegiums pending with the Centre

SC stays order for removal of encroachments from railway land in Haldwani

The Supreme Court on Thursday stayed the Uttarakhand High Court order for removal of encroachments from 29 acres of land claimed by the railways in Haldwani, calling it a "human issue" and saying 50,000 people cannot be uprooted overnight. Amid protests by residents who insist they have title to the land, a bench of Justices S K Kaul and A S Oka said a workable solution needs to be found. According to the railways, there are 4,365 encroachers on the land. Nearly 50,000 people, a majority of them Muslims, belonging to over 4,000 families reside on the disputed land. The apex court issued notices to the railways and the state government seeking their responses to a batch of pleas challenging the high court order for removal of encroachments. "Notice. In the meantime, there shall be stay of directions passed in the impugned order," said the bench, which posted the matter for further hearing on February 7. "We do believe that a workable arrangement is necessary to segregate people wh

Google likely to approach Supreme Court on Friday against CCI order

The appellate tribunal directed Google to pay 10 per cent of the penalty fees levied by the competition commission of India (CCI) as a condition for admitting its appeal for stay

Google set to challenge Android antitrust ruling at Supreme Court

The Competition Commission of India (CCI) in October fined the Alphabet Inc unit $161 million for exploiting its dominant position in the market for Android which powers 97% of smartphones in India

CBI moves SC challenging anticipatory bail granted to IT-official Karnani

CBI mentioned in the SC the plea challenging Gujarat High Court's anticipatory bail granted to Ahemdabad Additional Commissioner of Income Tax Santosh Karnani who is an accused in the corruption case

LIVE: Media notices my T-shirt but ignores poor farmers, says Rahul

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SC stays Allahabad HC order asking UP govt to hold polls without OBC quota

The Supreme Court on Wednesday stayed the Allahabad High Court order directing the Uttar Pradesh government to hold urban local body polls without reservation for the OBCs. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha took note of the submissions of Solicitor General Tushar Mehta, appearing for the state government, and directed that a panel appointed by the state government will have to decide the OBC quota related issues for the local bodies poll by March 31, 2023. The top court permitted the state government to appoint administrators to run the affairs of the local bodies after the expiry of the tenure of the elected representatives. It, however, said the administrators will not be empowered to take major policy decisions. The top court had earlier agreed to hear the Uttar Pradesh government's appeal challenging the high court order quashing its draft notification on urban local body elections and directing it to hold the polls without reservation f

Justice B V Nagarathna: Stickler for law who will break a glass ceiling

The lone dissenting voice in the demonetisation judgment, Nagarathna will be India's first woman CJI in 2027

SC to hear plea against removal of encroachments in Haldwani on Jan 5

The Supreme Court will hear a plea challenging the Uttarakhand High Court's plea directing the removal of encroachments from 29 acres of railway land in Haldwani on Thursday. A bench comprising Chief Justice D Y Chandrachud and Justices S A Nazeer and P S Narasimha posted the matter for hearing after advocate Prashant Bhushan mentioned the matter. Bhushan submitted that the case -- of more than 5,000 houses in Haldwani being demolished -- is similar to the matter scheduled to be heard on Thursday. The apex court agreed to tag the matter and posted the matter for hearing on Thursday. Earlier, some Haldwani residents had moved the top court on the issue. The Uttarakhand High Court on December 20 ordered the removal of encroachments from 29 acres of railway land in the town's Banbhoolpura area after giving a one week advance notice to encroachers to vacate it. Thousands of residents of Banbhoolpura had protested the removal of encroachments, saying it will render them homeless and

PM, CM do not have disciplinary control over council of ministers: SC

Prime minister or a chief minister does not have disciplinary control over the members of the council of ministers and it is not possible at all times for them to take the whip whenever a disparaging statement is made, the Supreme Court said on Tuesday. The observation by a five-judge Constitution bench headed by Justice S A Nazeer came while delivering its judgement on the issue of freedom of speech and expression of public functionaries. The Prime Minister or the Chief Minister does not have disciplinary control over the members of the Council of Ministers. It is true that in practice, a strong Prime Minister or Chief Minister will be able to drop any minister out of the Cabinet. But in a country like ours where there is a multiparty system and where coalition governments are often formed, it is not possible at all times for a Prime Minister/Chief Minister to take the whip, whenever a statement is made by someone in the Council of Ministers, Justice V Ramasubramanian, who wrote th

Can't place more restrictions on political officials' right to speech: SC

The Supreme Court on Tuesday ruled additional restrictions cannot be imposed on the fundamental right of freedom of speech and expression of high public functionaries as exhaustive grounds already exist under the Constitution to curb that right. A five-judge Constitution bench headed by Justice S A Nazeer was unanimous on the larger question with regard to putting additional curbs on freedom of speech and expression of high political functionaries. The contentious constitutional issue had cropped up following the purported statement of then Uttar Pradesh minister Azam Khan with regard to the alleged gang-rape of a mother- daughter duo on a highway near Bulandshahr in July 2016. Khan had termed the ghastly offence a "political conspiracy". On the key issue of whether the government can be held responsible and liable for the statements of an individual minister, the Constitution bench, by a 4:1 majority, ruled that the government cannot be held "vicariously" liable for the disparaging

Cinema halls, multiplexes have the right to prohibit outside food, says SC

Theatre owners have to let parents to bring food for infants and provide free drinking water to visitors

Minister's statement cannot be attributed 'vicariously' to govt, says SC

A statement made by a minister cannot be attributed vicariously to the government even when applying the principle of collective responsibility, the Supreme Court said on Tuesday. A five-judge Constitution bench headed by Justice S A Nazeer said no additional restrictions against free speech can be imposed except those mentioned under Article 19(2) of the Constitution. "Statement made by a minister even if traceable to any affairs of state or protecting the government cannot be attributed vicariously to the government even applying the principle of collective responsibility. "Fundamental right under Article 19(1)(a) can be exercised even against other instrumentalities other than the state," the bench, also comprising Justices B R Gavai, A S Bopanna, V Ramasubramanian, said. Justice B V Nagarathna, who was also part of the bench, wrote a separate judgement and said freedom of speech and expression is a much needed right so that citizens are well informed and educated on ...

All conversions can't be illegal: SC on HC order on MP anti-conversion law

Madhya Pradesh High Court, in its decision in November 2022, had restrained the state government from prosecuting "adult citizens if they solemnise marriage on their own volition"

SC to hear on January 9 plea seeking SIT probe into Bihar hooch tragedy

The Supreme Court said on Tuesday a petition seeking an independent probe by a special investigation team (SIT) into the last month's hooch tragedy in Bihar which claimed many lives will be heard on January 9. The plea about the tragedy in Saran district, where at least 30 people lost their lives after consuming illicit liquor, has also sought a direction to the state government to adequately compensate the victim families. The matter was mentioned for urgent listing before a bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha. "It will come up next Monday," the bench told advocate Pawan Prakash Pathak who mentioned the matter. Bihar's Nitish Kumar government imposed a complete prohibition in April 2016 and has rejected the demand for compensation to the families of those who died after consuming spurious liquor. The petition, filed in the apex court by Bihar-based Aryavarta Mahasabha Foundation, has arrayed the Centre and the state of Bihar as respondents.

Suspended Jharkhand IAS officer gets interim bail in money laundering case

The Supreme Court on Tuesday granted interim bail to suspended Jharkhand cadre IAS officer Pooja Singhal in a money laundering case to look after her ailing daughter. A bench comprising Justices Sanjay Kishan Kaul and Abhay S Oka also directed the Enforcement Directorate to respond in three weeks to Singhal's main bail plea. Appearing for the anti-money laundering probe agency, Additional Solicitor General S V Raju said the plea was incorrect and devoid of merits. I will be the last person to oppose such pleas, the law officer said. The top court, which has now listed the suspended IAS officer's plea for hearing on February 6, has imposed some conditions, including that she will not visit Ranchi unless a court case is listed for hearing in the city. Singhal has been in custody since May 11 after raids were conducted at properties linked to her. The ED has accused Singhal, a former state mines department secretary, of money laundering and said its team seized more than Rs 36 crore

Are we ready for the political compromises a digital currency may warrant?

It took 300 years for trust in currency to become total and unquestioned, and now digital currency brings with it some new challenges for it

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TMS Ep338: Demonetisation verdict, free food grain, markets, living wage

What does the SC's demonetisation verdict mean? Will free food grain scheme affect Centre's fiscal planning? Will India Inc see a turnaround in Q3FY23 results? What is a living wage? All answers here