Page 271 - Supreme Court

Rajiv Gandhi assassination: SC issues notice on Nalini, Ravichandran pleas

The Supreme Court on Monday issued a notice to the Tamil Nadu government on the petitions of S. Nalini and R.P. Ravichandran, convicts in Rajiv Gandhi assassination case.

Time extension to file charge sheet not empty formality, says Supreme Court

The Supreme Court said on Friday the extension of time granted to probe agencies to file charge sheets in criminal cases is not an empty formality because it deprives accused of their indefeasible right to seek default bail due to non-completion of investigation during the stipulated period. The top court, in a significant verdict, set aside the Gujarat High Court judgement by which it had upheld a local court's decision to extend the time to conclude probe from 90 to 180 days behind the back of the accused in a criminal case and ordered the release of the undertrials on default bail. Section 167 of the Code of Criminal Procedure Code provides for the grant of default bail to an accused if the probe agency fails to conclude the investigation and file a charge sheet within a stipulated period of either 60 or 90 days in a court of competent jurisdiction. Some special legislations like the Gujarat Control of Terrorism and Organised Crime Act, 2015 permit the prosecuting agencies to see

Amrapali to give possession of over 11K flats in 2-3 months, SC informed

In a good news for the hassled home buyers of Amrapali Group, the Supreme Court on Friday was informed that 11,858 flats will be delivered in 2 to 3 months of which 5, 428 units will be handed over the possession in October. A bench of Chief Justice UU Lalit and Justice Bela M Trivedi was informed by court receiver senior advocate R Venkataramani that in the upcoming festive season next month 5,428 flats which have been completed by the NBCC will be given to the home buyers with electricity and water connection. "We are facing some issues in providing electricity and water connections to the other 6,430 completed flats and once the connections are provided and they receive completion certificates, these units will be handed over to the home buyers in the next two to three months", he said. The bench told Venkataramani that it is an important development that out of over 38,000 flats to be constructed more than 11,000 units are being handed over to the flat buyers and asked him to ..

Fortis Healthcare ex-promoters failed to purge themselves of contempt: SC

The Supreme Court has held the former promoters of Fortis Healthcare Ltd Malvinder Singh and Shivinder Singh have failed to purge themselves of contempt by not making a genuine attempt to pay Rs 1170.95 crore each towards honouring an arbitral award against them, and handed down six months jail term to them. The contempt proceedings arose out of an action initiated by Japanese firm Daiichi Sankyo Company Limited, seeking enforcement of a foreign arbitral award made in Singapore on April 29, 2016 to the tune of Rs 3,600 crore in its favour and against 20 respondents including Malvinder Mohan Singh, Director of Oscar Investments Limited and RHC Holding Private Limited and Shivinder Mohan Singh, Director of Oscar Investments Limited. The former promoters of Fortis Healthcare Ltd were facing a court battle after Daiichi had challenged the Fortis-IHH share deal to recover the Rs 3,600 crore arbitration award. The IHH-Fortis deal is stuck due to the legal fight between Daiichi and the ...

14 of 25 HCs registered a decline in pending PILs in 2021, shows data

Overall, they cleared 83.7 per cent of instituted cases until August 2021- the highest in four years

Prophet row: SC shifts all FIRs against Navika Kumar to Delhi Police

In a relief to journalist Navika Kumar, the Supreme Court on Friday clubbed and transferred to the Delhi Police all FIRs registered against the news anchor over the controversial remarks made by ex-BJP spokesperson Nupur Sharma on Prophet Mohammad during a TV debate moderated by her. The top court noted that FIRs in the case of Sharma have also been transferred to IFSO Unit of Delhi Police for investigation and there cannot be two investigating agencies with respect to the same complaints arising out of the same incident. A bench of Justices M R Shah and Krishna Murari said no coercive action shall be taken against Kumar for a period of eight weeks so she can avail remedies in the interim period. "The IFSO unit of Delhi Police shall be at liberty to collect and gather any information from the concerned State agencies, if so required, for the purpose of conducting a thorough investigation and taking it to its logical conclusion. "The investigation of any subsequent FIRs/complaints .

Fortis seeks legal advice after SC orders audit of its share sale to IHH

Fortis Healthcare on Thursday said it is seeking legal advice to decide its future course of action after the Supreme Court ordered a forensic audit of its share sale to Malaysia's IHH Healthcare. Similarly, IHH Healthcare also said it is awaiting the written judgment from the apex court and seeking legal advice on the impact of the order on its acquisition of Fortis Healthcare. In a regulatory filing, Fortis Healthcare said the proceedings before the Supreme Court have "concluded with certain directions and the suo motu contempt has been disposed off. We are seeking legal advice to decide our future course of action." IHH Healthcare, in a separate statement, said it has been advised by its Indian counsel to wait for the written judgment before announcing the decision of the Supreme Court. It is in the process of obtaining the written judgment from the Supreme Court of India and "seeking legal advice on the impact thereof on the transaction". "Further announcements regarding the

Singh brothers get 6-month jail term in Fortis-Daiichi Sankyo case

Former Ranbaxy promoters Malvinder Singh and Shivinder Singh are accused of concealing information about wrongdoing at Ranbaxy during its sale of a majority stake to Daiichi Sanyo, in 2008

Outgoing judge Indira Banerjee hopes appointment of more women in SC

Outgoing senior woman Supreme Court judge Justice Indira Banerjee Friday hoped that more women would be appointed as judges of the top judiciary in the coming days. Justice Banerjee, who is the fifth senior-most judge in the apex court would be demitting office after serving for over four years. Besides her, other women judges in the apex court are Justices Hima Kohli, B.V. Nagarathna, and Bela M Trivedi. Justice Banerjee was the eighth woman judge to be appointed to the Supreme Court and now with her retirement, there would be three women judges in the apex court. The Supreme Court, which came into being on January 26, 1950, has seen very few women judges since its inception and in the last over 72 years -- only 11, starting with Justice M Fathima Beevi in 1989. Other female judges appointed to the apex court were -- Justices Sujata V Manohar, Ruma Pal, Gyan Sudha Misra, Ranjana P Desai, R Banumathi, and Indu Malhotra. On the last working day, Justice Banerjee shared the ceremon

Prophet row: SC transfers all FIRs against Navika Kumar to Delhi Police

The Supreme Court on Friday clubbed and transferred to the Delhi Police all FIRs registered against journalist Navika Kumar over the controversial remarks made by ex-BJP spokesperson Nupur Sharma on Prophet Mohammad during a TV debate moderated by her. A bench of Justices M R Shah and Krishna Murari said no coercive action would be taken against Kumar for a period of eight weeks so that she can avail remedies in the interim period. It also granted liberty to Kumar to move the Delhi High Court for quashing of the lead FIR. The court also said that any FIR registered in the future against Kumar in the matter will also be transferred to the Delhi Police. "The petitioner shall be at liberty to approach the Delhi High Court seeking the relief of quashing of the FIRs. We have not expressed any opinion on merits," the bench said. The Intelligence Fusion and Strategic Operations (IFSO) unit of the Delhi Police will probe the matter. The apex court on August 8 had granted interim protecti

SC issues notice to Centre on plea against forced religious conversion

The Supreme Court on Friday sought response from the Centre and others on a plea seeking direction to take stringent steps to control fraudulent religious conversion by "intimidation" and through "gifts and monetary benefits". A bench of Justices M R Shah and Krishna Murari issued notices to the Union of India, Ministry of Home Affairs and Ministry of Law and Justice. The top court asked the parties to file a reply by November 14. The apex court was hearing a plea filed by advocate Ashwini Kumar Upadhyay seeking direction to the Centre and states to take stringent steps to control fraudulent religious conversion by "intimidation, threatening, deceivingly luring through gifts and monetary benefits". Upadhyay submitted that this is a nationwide problem which needs to be tackled immediately. "The injury caused to the citizens is extremely large because there is not even one district which is free of religious conversion by 'hook and crook'," the plea submitted. "Incidents are report

Govt working on court's suggestion to assist Ukraine returned students

The Centre on Friday told the Supreme Court that they are working on the suggestions given by the court to assist medical students who have returned to India from Ukraine in view of the war with Russia. The apex court had on September 16 suggested that the Centre assist these medical students by creating a web portal giving details of the foreign universities, where they could complete their courses as per the government's academic mobility programme. The counsel appearing for the Centre told the top court on Friday that they have written to the secretaries of the ministries of external affairs as well as health on the issue. "In terms of the last order, we have written to the secretaries of MEA (ministry of external affairs) as well as Health. Our instruction is that they are on it," the counsel told a bench of Justices Hemant Gupta and Sudhanshu Dhulia. The counsel further said that in the last hearing, the apex court had indicated that a website can be made where information can

SC stays proceedings against B S Yediyurappa in alleged corruption case

The Supreme Court on Friday stayed proceedings against former Karnataka chief minister and senior BJP leader B S Yediyurappa in an alleged corruption case. A bench of Justices D Y Chandrachud and Hima Kohli issued notice to the private complainant on a plea challenging the Karnataka High Court order restoring the complaint against Yediyurappa and others. "There shall be a stay of proceedings so far as the petitioner is concerned," the bench said. The Karnataka High Court on September 7 had restored a private complaint against Yediyurappa and his family members. The complainant had accused him of taking bribe for awarding government contracts. A Sessions court had earlier dismissed a plea seeking a probe into the allegations of corruption against Yediyurappa as the then Governor had refused to sanction it. T J Abraham, a social activist, had lodged the complaint alleging that Yediyurappa and his family members had taken bribe from Ramalingam Construction Company and other shell ...

SC transfers all FIRs against Navika Kumar to Delhi in Nupur Sharma case

The Supreme Court directed that FIRs registered against journalist Navika Kumar in connection with remarks made by suspended BJP spokesperson Nupur Sharma be transferred to the Delhi Police

SC agrees to list plea against Article 370 abrogation after Dussehra break

The Supreme Court said that it will list the matter challenging the abrogation of Article 370 and the bifurcation of Jammu and Kashmir into two Union Territories for hearing after the Dussehra break

Two firms can face IBC proceedings if both are corporate debtors: SC

The Supreme Court on Thursday said if two corporate bodies fall within the ambit of corporate debtors, there is no reason why insolvency proceedings cannot be initiated against both under the IBC. Section 7 of the Insolvency and Bankruptcy Code (IBC) deals with the initiation of the corporate insolvency resolution process by financial creditors. The apex court also observed that approval of a resolution in respect of one borrower cannot "certainly discharge" a co-borrower. A bench of Justices Indira Banerjee and J K Maheshwari delivered its verdict on a plea against the August last year judgement of the National Company Law Appellate Tribunal (NCLAT) which had dismissed an appeal against an order of the adjudicating authority, the National Company Law Tribunal (NCLT), Mumbai. The NCLT had in its February last year order admitted a petition for initiation of Corporate Insolvency Resolution Process (CIRP) against a firm for the same set of loans arising out of the same loan documents

Top headlines: Fortis shares tank on SC verdict; Rupee hits new low

The rupee closed at a record low of 80.86 to the dollar, down from 79.9750 in the previous session

Karnataka hijab ban: SC reserves verdict on pleas challenging HC judgement

The Supreme Court on Thursday reserved its verdict on a batch of petitions challenging the Karnataka High Court judgement refusing to lift the ban on hijab in educational institutions of the state. On March 15, the high court had dismissed petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi seeking permission to wear hijab inside the classroom, saying it is not a part of the essential religious practice in Islamic faith. The state government had, by its order of February 5, 2022, banned wearing clothes that disturb equality, integrity, and public order in schools and colleges. Several pleas have been filed in the apex court challenging the high court verdict. A bench of Justices Hemant Gupta and Sudhanshu Dhulia reserved its verdict in the matter.

SC appoints retired apex court judge for amending constitution of IOA

The Supreme Court Thursday appointed former apex court judge Justice L Nageswara Rao for amending constitution of Indian Olympic Association and preparing electoral college. A bench headed by Justice D Y Chandrachud said the ex-top court judge would ensure a fair and development-oriented approach for the future of the Olympics in the country. The apex court asked Justice Rao to prepare a road map for amending the constitution and holding elections by December 15, 2022. It also gave its permission to Rajeev Mehta, who is currently the secretary general of IOA, and Adille Sumariwalla, vice president of IOA, to participate in the September 27 meeting with the International Olympic Committee. "All logistical arrangements shall be made available to Justice Rao by the Joint Secretary, Ministry of Youth Affairs and Sports, and to be reimbursed by IOA," the bench, also comprising Justice Hima Kohli, said. The International Olympic Committee (IOC) on September 8 issued a final warning to I

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