Page 269 - Supreme Court

Not even one-tenth of marriages in Delhi registered in last three years

In accordance with a 2006 Supreme Court ruling, marriage registration is compulsory under the Delhi (Compulsory Registration of Marriage) Order, 2014

Ex-promoters can't hold stake in insolvent firm, says Supreme Court

In March 2022, the NCLAT dismissed an appeal filed by the Singhals that challenged the October 2021 NCLT order that asked the promoter group to sell their 25 mn shares at Rs 2 a piece to Tata Steel

List of SC cases to be placed before Attorney General first, says Centre

Centre has issued a notification directing that the list of SC cases be placed first before the Attorney General for selecting the matters in which he considers his appearance to be necessary

Old vehicles plying on roads will be impounded and scrapped: Delhi govt

Delhi government on Saturday cautioned people against driving old vehicles in the national capital, an act which violates the Supreme Court orders, saying that such vehicles will be immediately impounded. In 2018, the Supreme Court had ordered that plying of diesel and petrol vehicles older than 10 years and 15 years respectively is banned in Delhi, adding that the vehicles violating the order will be impounded. "Now, it has come to notice that inspite of these orders, such vehicles are still found plying and parked on the roads of Delhi. The Enforcement wing of the transport department has been undertaking robust enforcement drive for impounding of such vehicles if found plying or parked on Delhi roads," a statement issued by the transport department read. "The 15 years old vehicles after being impounded will be immediately handed over to the authorised scrapper for scrapping," it said. It further advised people to neither drive nor keep or park such vehicles in any public place.

Unauthorised construction unending problem; satellite mapping important: SC

The Supreme Court said on Friday satellite mapping and geo-fencing are extremely important for monitoring unauthorised constructions which have become a "perennial problem". The apex court observed the use of modern technology is necessary for detecting encroachment, unauthorised and illegal constructions, and also for the purpose of prompt monitoring them. While hearing a matter of unauthorised construction in the national capital, a bench of Justices S K Kaul and A S Oka said to detect encroachment of land the preliminary requirement would be to conduct satellite mapping of land. "The matter has been placed before us as per our direction because the aspect of satellite mapping and geo fencing is extremely important considering that the unauthorized construction is a perennial problem," the bench said. It observed geo-fencing is widely used for various purposes including survelliance and monitoring of selected areas. The technology could ideally be used in cases of water bodies, .

SC grants states four weeks for response to deviations in RERA rules

The Supreme Court on Friday granted four weeks more to states and Union Territories who have not filed their reply to the deviations and variations pointed out in the implementation of the Real Estate (Regulation and Development) (RERA) Act, 2016, and corresponding rules and laws in their jurisdiction. A bench of Justices D Y Chandrachud and Hima Kohli warned that if the requisite responses are not filed within the stipulated time, principal secretaries of housing and urban development shall be present in court to explain the delay. The top court noted that 13 states and two UTs have filed their responses to the plea. "Despite the previous order, requiring the states/UTs to file their responses, certain states have not submitted their responses. They shall do positively within four weeks, failing which the principal secretaries in housing and urban development shall be present in court," the bench said while posting the matter after eight weeks. The top court was hearing a plea fil

SC agrees to consider banks' pleas against disclosure of info on customers

The Supreme Court on Friday agreed to consider the petitions by several banks, including private banks, challenging the Reserve Bank of India (RBI)'s direction to disclose under the Right to Information Act certain confidential and sensitive information pertaining to their affairs, employees and customers. A bench headed by Justice BR Gavai rejected the preliminary objections raised by one Girish Mittal who as an intervener sought the dismissal of the petitions on the ground that the issues concerning such disclosures have already been put to rest by earlier decisions of the top court. The court, without expressing any final opinion said that prima facie, the aspect of balancing the right to information and the right to privacy was not considered at that stage. Noting that the RBI directions in question were passed in view of these earlier decisions, the bench --also comprising Justices CT Ravikumar, observed that in such a scenario, the only remedy available to the banks was under

BJP's Shazia Ilmi moves SC, seeks uniform code for alimony, maintenance

BJP leader Shazia Ilmi Friday moved the Supreme Court seeking direction to the Centre to formulate a standardised uniform common code (UCC) for grant of alimony and maintenance to obviate hindrances caused by diverse set of personal laws prescribed by different religions. A bench of Justices Sanjiv Khanna and J K Maheshwari tagged the petition with a pending plea seeking a "gender and religion-neutral" mechanism for grant of maintenance and alimony to all citizens in keeping with the spirit of the Constitution and international conventions. Ilmi has sought issuance of appropriate guidelines for streamlining the existing restrictions, conditions and discrepancies in personal laws (codified and un-codified) for granting fair and reasonable claim of maintenance and alimony without excluding any vulnerable claimant. The plea, filed through advocate Sneha Kalita, also sought a direction to the Law Commission to examine the "discrepancies" in the existing personal laws and submit a report

Population control: All problems can't be resolved by coming to us, says SC

Society will always have some disputes needing resolution but every problem cannot be resolved by approaching the apex court directly, the Supreme Court said on Friday while expressing disinclination to continue hearing a PIL on population control. A bench comprising Chief Justice Uday Umesh Lalit and Justice J B Pardiwala was also reluctant to issue notices to all the states, as sought by petitioner Ashwini Upadhayay, on the plea which sought directions to the Centre and states to take steps, including enforcing a two-child norm, to control the country's rising population. You have filed the petition. The notice was issued and their (government) attention has been invited. They have applied their mind to the problem and now it is for them to take a policy decision. Our job is over. Therefore, we will close the petition now, the bench said. The observation came when Upadhyay, a lawyer, said since population comes under the concurrent list of the Constitution state governments can

SC refuses to entertain plea seeking display of Preamble at public places

The Supreme Court on Friday refused to entertain a plea seeking directions to the Centre, States and Union Territories to display the Preamble to the Constitution in local languages at public places and in government offices to enhance the spirit of fraternity, saying it is for the government to do. The apex court said there is something which has to be left to the government on how to go about it. "Some people are really enterprising. Get elected and do this. This is not the place for it," a bench of Justices S K Kaul and A S Oka told the advocate representing the Maharashtra-based petitioner. "If we get into it....where preamble will be displayed, where Constitution will be displayed. It is not our job," the bench observed. It told the lawyer appearing for petitioner, Z A N Ahmad Peerzade, that either the petition be withdrawn or the court will dismiss it. The counsel said he would withdraw the petition. The plea, filed through advocate M R Shamshad, had sought direction to t

Doctors need not disclose the identities of minors seeking abortion: SC

The Supreme Court has extended the benefits of the Medical Termination of Pregnancy (MTP) Act to minors who engage in consensual sexual activity by exempting doctors from disclosing their identity to the local police. In a landmark verdict, the top court had included unmarried women for abortion between 20-24 weeks of pregnancy under the MTP Act, saying limiting the provision to cover only married women will render it discriminatory and violative of Article 14. It has also held that the meaning of the words "sexual assault" or "rape" under the rules of the MTP Act includes a husband's act of sexual assault or rape committed on his wife. A bench of Justices D Y Chandrachud, A S Bopanna and J B Pardiwala said to ensure that the benefit of Rule 3B(b) is extended to all women aged below 18 who engage in consensual sexual activity, it is necessary to harmoniously read both the Protection of Children from Sexual Offences (POCSO) Act and the MTP Act. "For the limited purposes of providing

Trouble in Taj Ganj as SC order on commercial activity create uncertainty

Already in deep crisis, the latest order of the Supreme Court banning commercial activities within 500 metres of the Taj Mahal, threatens to further dent the fragile tourism industry in Agra.

SC Collegium recommends 3 new chief justices for HCs, transfers 2

The Supreme Court Collegium has recommended the transfer of two Chief Justices of high courts and elevation of three judges as Chief Justices of three high courts

What is the significance of the SC ruling on abortion law?

The Supreme Court of India recently ruled that all women, irrespective of their marital status, are entitled to legal abortion as permitted under Medical Termination of Pregnancy rules. Here's more

Newsmaker: Constitutional law is new Attorney General Venkataramani's forte

With his appointment as AG, the many constitutional law matters that are pending before the Supreme Court will receive specialised attention

WhatsApp's new privacy policy: SC Bench to hear plea on January 17

New Data Protection Bill will be introduced in the next session of Parliament: SG

Now, all women are entitled to safe and legal abortion: Supreme Court

The court also for the first time recognised marital rape under the MTP Act

SC suggests idea of private jails built by corporates as part of CSR

The Supreme Court Thursday expressed concern over the conditions of jails in the country and suggested the idea of building private jails involving big corporates. The apex court said big corporate houses can build private prisons as part of their Corporate Social Responsibility. In Europe, there is a concept of private jails. Then there is corporate social responsibility. If you give them sufficient inducement you can have jails built. Because you don't want the public exchequer to be used for that. There is an alarming number of under-trial prisoners. They will build it and give it to you and claim reduction under the Income Tax. A new concept will emerge. Then a new concept will evolve, from anticipatory bail to anticipatory jail, said a bench of Justices K M Joseph and Hrishikesh Roy. The observation came after senior advocate Kapil Sibal, appearing for activist Gautam Navlakha, said there is over overcrowding in jails and only Ayurveda doctors are available for patients. The

SC to hear pleas against TN, Maha's bull-taming sport Jallikattu on Nov 22

The Supreme Court on Thursday said it would hear on November 22 a batch of pleas challenging Tamil Nadu and Maharashtra laws allowing bull-taming sport 'Jallikattu' and bullock cart races. A five-judge Constitution bench headed by Justice K M Joseph was told by senior advocate Anand Grover, appearing for the petitioners, that the amendments with respect to Jallikattu are unconstitutional. The bench, also comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C T Ravikumar, said it would take up the matter in November. The top court had earlier said that the petitions challenging the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017, needed to be decided by a larger bench since they involved substantial questions relating to interpretation of the Constitution. The bench framed five questions to be adjudicated upon by the larger bench. The petitions, including one filed by animal rights body PETA, have challenged the state law that allowed the bull-tami

Around 500 shop owners near Taj Mahal fear shutdown after SC order

With the Supreme Court's order to immediately stop all commercial activities within the 500-meter periphery of the Taj Mahal, the shop owners in this area are uncertain about the future of their businesses. There are about 500 odd restaurants, emporiums, budget hotels, cafes and other business outlets in the area that might be affected by the court order. The Supreme Court on Monday directed the Agra Development Authority (ADA) to prohibit commercial activities within the 500-meter periphery of the Taj Mahal. Talking to PTI, Charchit Gaur, vice chairman of ADA said, "We have begun the survey processing of the businesses and after the completion of the survey we will identify the businesses and act accordingly to the order of the Supreme Court." The apex court's order was in response to the application by the 71 shopkeepers, who had alleged that they were removed from near the western gate in the year 1993, whereas other commercial activities continued. On Wednesday, locals and ...