Page 282 - Supreme Court

Demolition teams race against time to rig Noida Twin Towers with explosives

Edifice Engineering, the Mumbai-based demolition agency tasked with the job, said work is going on at full speed to pack some 7,000 drilled holes with explosives.

SC dismisses MP High Court's verdict on discharge of rape accused

The Supreme Court has termed as "utterly incomprehensible" an order of the Madhya Pradesh High Court discharging an accused of the offence of rape essentially on the ground of delay in the registration of the First Information Report (FIR). A bench of justices DY Chandrachud and JB Pardiwala said the facts of this litigation was quite "heart-breaking" and set aside the order of the high court holding that the impugned order could be termed as "perverse and not sustainable in law". The verdict was pronounced on August 12 but was yet to be uploaded on the apex court website. "At the cost of repetition, we state that the impugned order of the High Court is utterly incomprehensible. We have yet to come across a case where the High Court has thought fit to discharge an accused charged with the offence of rape on the ground of delay in the registration of the FIR," Justice Pardiwala said while writing the judgement on behalf of the bench. The top court, however, did not interfere with th

Duty of trial court to ensure that trial is not prolonged, says SC

The Supreme Court has expressed displeasure over the delay in examination of witnesses, and said it is the duty of the trial court to ensure that the trial is not prolonged as time lag creates problems in the testimony of witnesses. A bench of Justices S K Kaul and M M Sundresh said the trial court must control the dilatory tactics of any of the parties. The observations came while granting bail to an man who was accused of facilitating the escape of persons who murdered the Mayor of Chittor district in Andhra Pradesh. The top court noted that the man is in jail since the last seven years and prosecution witnesses are yet to be examined. We are troubled by the fact that seven years after the incident the prosecution witnesses have not been examined and the trial is yet to commence. This is completely unacceptable. Time lag creates its own problems in the testimony of witnesses more so the eyewitnesses. It is the duty of the prosecution to ensure that the prosecution witnesses are

Govt holds back 2 advocates recommended for elevation by SC Collegium

The government has held back names of two advocates recommended by the Supreme Court Collegium for appointment as judges of the Punjab and Haryana High Court, sources said. In July, the SC Collegium had recommended names of 13 advocates for elevation as judges of the Punjab and Haryana High Court. Acting on the recommendation, the government had notified the appointment of 11 advocates as judges on August 14. However, it decided to hold back the names of H S Brar and Kuldeep Tiwari. Citing certain old allegations against one and lack of experience and less age of the other, sources aware of the process to appoint members of the higher judiciary said the government will take a considered view on the two names at an appropriate stage. They also pointed out that the government has a right to seek reconsideration from the SC Collegium for its recommendations.

What's at stake as FIFA bans All India Football Federation?

The Supreme Court has asked the govt to ensure that India hosts the U-17 Women's World Cup in October. FIFA has suspended India over undue influence from third parties. What are its implications?

Dolo-650 makers spent Rs 1k-cr freebies on docs to prescribe drug: SC told

The Supreme Court Thursday was told by an NGO that the Central Board of Direct taxes has accused the Pharma company manufacturing popular Dolo tablets, an anti-inflammatory, fever reducer drug, of distributing Rs 1000 crore freebies to doctors for prescribing a dosage of its 650 mg tablets. A bench of Justices DY Chandrachud and AS Bopanna was told by senior advocate Sanjay Parikh and advocate Aparna Bhat, appearing for petitioner 'Federation of Medical and Sales Representatives Association of India', that the market price of any tablet up to 500mg is regulated under price control mechanism of the government but the price of drug above 500mg can be fixed by manufacturer Pharma Company. He said that to ensure a higher profit margin, the company distributed freebies to doctors to prescribe the Dolo drug of dosage 650mg capacity. Parikh added that it is an "irrational dose combination" and said that he would like to bring more such facts to the knowledge of the court after a response i

CBIC directs GST officers to not summon senior execs in first instance

Also instructs them to not arrest a person if he has a different interpretation of law

Have settled dispute: SpiceJet, Credit Suisse tell Supreme Court

The Swiss firm had filed a plea in the high court against the airline for non-payment of over $24 million towards maintenance, repairing, and overhauling of aircraft engines and components in 2013

Appeals against orders of ITAT will lie before high court, says SC

The Supreme Court on Thursday said that appeals against orders of the Income Tax Appellate Tribunal (ITAT) will lie only before the High Court within whose jurisdiction the assessing officer is situated. A bench headed by Justice U U Lalit reiterated that the jurisdiction of a High Court is not dependent on the location of the ITAT, as sometimes a Bench of the ITAT exercises jurisdiction over the plurality of states. "We hold that appeals against every decision of the ITAT shall lie only before the High Court within whose jurisdiction the Assessing Officer who passed the assessment order is situated. "Even if the case or cases of an assessee are transferred in the exercise of power under Section 127 of the Act, the High Court within whose jurisdiction the Assessing Officer has passed the order, shall continue to exercise the jurisdiction of the appeal," the bench also comprising Justices S R Bhat and P S Narasimha said. The top court said ITAT is a unified forum functioning in the

SpiceJet, Credit Suisse AG resolve financial dispute, inform SC

Low cost airline SpiceJet and Swiss firm Credit Suisse AG on Thursday told the Supreme Court they have resolved their financial dispute. The apex court then permitted SpiceJet to withdraw its appeal against a Madras High Court verdict ordering that the airline be wound up on account of alleged non-payment of dues to Credit Suisse AG. "There is a settlement which has taken place on May 23, 2022 as per the consent terms. In view of it, both the parties are satisfied with the settlement and want to withdraw the SLP (special leave petition) filed by the petitioner. "Accordingly, the application is allowed," an apex court bench comprising Chief Justice N V Ramana and Justices Hima Kohli and C T Ravikumar said in the order. The parties, it said, are directed to abide by the consent terms. "It is noted that some amount was deposited in the Madras High Court in pursuance of the order of Madras High Court. Parties are at liberty to make an application for release of the money," the court ..

DOLO-650 makers distributed freebies worth Rs 1,000 cr to doctors: FMRAI

The petitioner, while seeking statutory backing to the Uniform Code of Pharmaceutical Marketing Practices (UCPMP), said that corruption in pharma marketing practices is yet unregulated in India

Indian Olympic Association moves SC against HC's order to conduct elections

Indian Olympic Association moved the Supreme Court against the Delhi High Court's recent order which appointed the Committee of Administrators to prepare the Constitution and conduct fresh elections.

Supreme Court dismisses plea to freeze AIADMK's 'Two Leaves' symbol

The Supreme Court dismissed a plea seeking directions to the Election Commission of India to freeze the AIADMK's 'Two Leaves' symbol

Delhi HC-appointed CoA will not take over affairs of IOA, says SC

In an interim relief, the Supreme Court on Thursday ordered status quo and said the Delhi High Court-appointed three-member Committee of Administrators (COA) will not take over the affairs of the Indian Olympic Association. A bench headed by Chief Justice N V Ramana took note of the submissions of Solicitor General Tushar Mehta, appearing for the Centre and the IOA, that the world sports body does not recognise any un-elected bodies like the CoA and consequently, India may be barred from taking part in international sports events. The top court took note of the submissions of the law officer that the order may have negative repercussions on the nation and granted the interim relief ordering status quo into the affairs of the IOA. Consequently, the Delhi High Court-appointed COA, comprising former Supreme Court judge Justice Anil R Dave, former Chief Election Commissioner S Y Quraishi, and former Secretary of Ministry of External Affairs Vikas Swarup, will not be able to take IOA ...

Court asks jailed Sanjay Raut to appear before it via video conference

A magistrate court here on Thursday directed Arthur Jail authorities to produce Shiv Sena MP Sanjay Raut before it through video conferencing in connection with a defamation complaint filed by BJP leader Kirit Somaiya's wife Medha Somaiya. Raut was lodged at the Arthur Road jail in Mumbai following his arrest by the Enforcement Directorate in a money laundering case. The Sewri metropolitan magistrate, hearing the defamation case filed by the BJP leader's wife, asked the jail authorities to produce Raut before the court at 12 noon on Thursday, her lawyer Vivekanand Gupta said. Medha Somaiya in her complaint alleged that Raut had made baseless and completely defamatory allegations against her and her husband, accusing them of being involved in a scam worth Rs 100 crore over the construction and maintenance of some public toilets under the jurisdiction of the Mira Bhayander Municipal Corporation in Thane. She has urged the court to begin proceedings against Raut on the charges of ...

Pre-mediation process mandatory in commercial cases, says Supreme Court

Suits not complying with this provision would be rejected

Freebies, welfare schemes must be differentiated, says Supreme Court

The court said that the term freebies should not be confused with welfare measures

AIFF ban: Take steps to host U-17 World Cup, Supreme Court tells govt

In its statement, Fifa had cited "undue influence from third parties" as the reason for suspending AIFF

SC stays proceedings before High Court against Jharkhand CM Hemant Soren

The bench during the hearing observed, "We are only concerned with this. The CM already had 0.88 acres of land before he assumed office. It's not as if the office was misused to amass wealth

FIFA bans AIFF: Everything you need to know about Indian football crisis

Initially, FIFA was not troubled by CoA's appointment, which was the first time a third party was involved in the running of football in India. Then why did it ban AIFF on third-party involvement?