Page 35 - Supreme Court

SC upholds Telangana rule on 7-year law practice for district judge posts

The Supreme Court on Friday refused to interfere with the Telangana Judicial Service Rule, which mandates seven-year practice in state's courts to be eligible for appointment as district judges. A bench comprising Justice Dipankar Datta and Justice Augustine George, as a result, disposed of the petitions against a Telangana High Court's verdict. The top court noted the high court's submission of having no objection to declare the results and to appoint such of the appellants/petitioners/intervenors who had qualified the 2023 recruitment examination for the appointment as district judges as an exceptional case without unsettling the 2023 rule. "We appreciate the stand taken by the High Court and, accordingly, request the High Court to declare the results of the appellants/petitioners/intervenors and to proceed for verification of their credentials/antecedents. "Such of the qualified appellants/petitioners/intervenors who are found suitable may be appointed by offering them letters o

SC overturning order in BPSL case a course correction for IBC: Experts

The SC has also addressed the issue of delays in the IBC due to litigation and extensions, which stand in the way of implementing a successful resolution plan

Supreme Court defers Vodafone Idea plea on AGR hearing to October 6

The Supreme Court on Friday deferred to October 6 the hearing on a plea of telecom major Vodafone Idea Ltd (VIL) seeking quashing of the additional adjusted gross revenue (AGR) demands for the period until 2016-17. A bench comprising Chief justice B R Gavai and Justices K Vinod Chandran and NV Anjaria was urged by Solicitor General Tushar Mehta, appearing for the Centre, the plea, which was listed for hearing during the day, be listed on reopening of courts after Dusshera break. The bench allowed and deferred the hearing to October 6. The VIL has filed a fresh plea against the Department of Telecommunications' (DoT) fresh demand of Rs 5,606 crore relating to the financial year 201617. Earlier, the Centre had said that the efforts were underway to arrive at a resolution with the company. The law officer said the government held nearly 50 per cent equity in Vodafone Idea, making it a direct stakeholder in the operator's survival. Some solution may have to be found out, subject to yo

SC allows limited manufacturing of green crackers, bar sales in Delhi-NCR

The bench made it clear that the manufacturers must ensure that these crackers are not sold in Delhi and the National Capital Region until further orders

SC dismisses plea seeking ban on Salman Rushdie's book 'The Satanic Verses'

The Supreme Court on Friday refused to entertain a plea seeking a direction to ban Salman Rushdie's controversial novel "The Satanic Verses". The plea came up for hearing before a bench of Justices Vikram Nath and Sandeep Mehta. The counsel appearing for the petitioners referred to the Delhi High Court's November last year order. The high court had closed the proceedings on a petition challenging the Rajiv Gandhi government's decision to ban the import of "The Satanic Verses" in 1988, saying since authorities have failed to produce the relevant notification, it has to be presumed that it does not exist. "You are effectively challenging the judgement of the Delhi High Court," the bench observed, while dismissing the plea. The petition was filed in the apex court through advocate Chand Qureshi. It alleged the book was available due to the order passed by the high court. The Centre had banned the import of the Booker Prize-winning author's "The Satanic Verses" for law-and-order rea

Supreme Court upholds JSW Steel's takeover plan for Bhushan Power & Steel

The Supreme Court has upheld JSW Steel's ₹19,700-cr Bhushan Power takeover plan, and rejecting lenders' demand for share of Ebitda

SC reserves verdict on eligibility of judicial officers for district judges

The bench is examining questions over the interpretation of Article 233 of the Constitution that governs appointment of district judges

Supreme Court seeks Centre's response on plea to curb yellow pea imports

The Supreme Court on Thursday sought response from the Centre on a PIL seeking import curbs on yellow peas, which is considered a substitute to pulses, on the grounds that its supply is affecting the livelihood of farmers growing pulses. A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh issued notice on a PIL filed by 'Kisan Mahapanchayat' and asked advocate Prashant Bhushan, appearing for the farmers' body, to examine whether there is sufficient production of pulses in the country. "We are inclined to issue notice but the net result should not be that the end consumers suffer," the bench said. Bhushan said the import of yellow peas at a cheaper price of Rs 35 per kg is affecting the farmers growing pulses like 'tur dal' (pigeon peas), 'moong dal' and 'urad dal' who get a MSP of Rs 85 per kg. "There have been numerous reports of expert bodies, including those of the government, which have asked the government to not import yellow peas as it would impact large-scale

1984 anti-Sikh riots: SC to hear Sajjan Kumar's plea after Diwali break

The Supreme Court on Thursday said it would hear former Congress leader Sajjan Kumar's plea against conviction and life-term imprisonment in a 1984 anti-Sikh riots case post Diwali break. The apex court's break begins October 20 following which it will resume work on October 27. Justices J K Maheshwari and Vijay Bishnoi, while hearing the matter, asked the counsel for the parties to specify about the allegations, testimony of witnesses and findings by the trial court and the high court in the case. "When the reversal was made, what persuaded the high court to make a reversal," the bench said. The high court had set aside the trial court's 2010 verdict which acquitted Kumar in the case. While senior advocate R S Cheema appeared for the CBI, senior advocate Gopal Sankaranarayanan represented Kumar in the top court. Besides Kumar's appeal, the pleas of co-convicts Balwan Khokhar and Girdhari Lal, were also listed for hearing in the apex court. The case relates to the killing of fiv

Will move cautiously on challenges to Hindu Succession Act provisions: SC

The Supreme Court has observed that it would move cautiously while examining challenges to provisions of the Hindu Succession Act, 1956, and that it would be wary of shattering the Hindu social structure and its basic tenets that have been in existence for thousands of years. A bench of justices BV Nagarathna and R Mahadevan was hearing petitions challenging certain provisions of succession under the 1956 Act. "Do not demean the structure of the Hindu society that we already have. As a court, we are putting you to caution. There is a Hindu social structure and you do not bring it down... We do not want our judgment to break something that has been there for thousands of years," the bench observed. The top court said that while women's rights were important, there had to be "a balance between social structure and giving rights to women." The bench referred the parties before it to the Supreme Court's mediation centre to explore settlement pending consideration of the broader ...

Hold elections by January or face consequences: SC to state bar councils

The Supreme Court on Wednesday said elections in state bar councils have to be held by January 31, 2026 keeping mind the long pendency. A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh said verification drive for LLB certificates cannot be a ground for postponing the elections. "Having regard to the fact that elections to the State Bar Councils have not been held for decades, we have impressed upon senior counsel appearing for the Bar Council of India to ensure that elections of all State Bar Councils are held, if not simultaneously, in phased manner, by January 31, 2026," the bench ordered. The top court was informed that the ongoing drive for verification of LLB certificates of advocates revealed a large number of fake degrees. "There are people with fake degrees or no degrees at all. Then there are criminals who disguise themselves as lawyers to enter courtrooms and create violence," Justice Kant said, while lauding the drive. The bench said in a democratic ...

SCBA urges reforms in collegium, seeks merit-based judge appointments

SCBA president wrote to the CJI and Law Minister, citing flaws in the collegium system and warning that delays in reform erode judicial integrity and public trust

SC says Himalayan region facing existential crisis, seeks govt's response

The apex court raised some pertinent questions to the Himachal Pradesh government over its policies regarding tourism, construction, and mining

SC to hear matter on statutory age of consent for adolescents on Nov 12

The Supreme Court on Wednesday set November 12 to hear the issue over the statutory age of consent for adolescents, saying it would rather hear it in "continuity" than a "piecemeal" manner. The matter came up for hearing before a bench of Justices Vikram Nath, Sandeep Mehta and N V Anjaria. "We would prefer if the matter starts and continues rather than having it in piecemeal," the bench said. The bench fixed the matter on November 12, saying it would have continuous days of hearing. The Centre has defended the statutory age of consent of 18 years, saying the decision was a "deliberate, well-considered, and coherent" policy choice aimed at shielding minors from sexual exploitation. The Centre, in its written submissions through Additional Solicitor General Aishwaraya Bhati, argued that diluting the age of consent or introducing exceptions under the guise of adolescent romance would be not only legally unsound but also dangerous. Senior advocate Indira Jaising, assisting the top c

SC asks Centre to set up dedicated online portal to trace missing children

The Supreme Court on Wednesday asked the Centre to create a dedicated online portal under the aegis of the home ministry to trace missing children and investigate such cases. A bench of Justices B V Nagarathna and R Mahadevan underlined the lack of coordination among police authorities entrusted with the job of tracing missing children in states and union territories in the country. The court said the portal could have a dedicated officer from each state who could be the in charge of missing complaints besides disseminate information. The top court outlined the need for a "coordinated effort" to trace missing children and creation of a dedicated online portal to deal with the issue. The bench consequently asked additional solicitor general Aishwarya Bhati, appearing for the Centre, to seek instructions in the matter. The top court previously directed the Centre to issue reminders to several states and union territories to furnish data on missing children cases. NGO Guria Swayam S

Supreme Court allows CBI to file 6 more cases in homebuyers' fraud probe

A three-judge Bench of Justices Surya Kant, Ujjal Bhuyan, and N K Singh passed the order after Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the CBI

SC begins hearing on judicial officers' eligibility for district judges

The Supreme Court on Tuesday commenced hearing on a significant legal question on whether judicial officers, who had completed seven years of practice as advocates prior to joining the bench, can be appointed as district judges under vacancies earmarked for the Bar. A five-judge Constitution bench comprising Chief Justice BR Gavai and Justices MM Sundresh, Aravind Kumar, SC Sharma and K Vinod Chandran started hearing 30 petitions, having wide ramifications for judicial recruitment across the country. The bench is examining questions pertaining to interpretation of Article 233 of the Constitution that governs appointment of district judges. Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State, Article 233 says. It also says: A person not already in the service of the Union or of the State shall only be eligible to b

SC allows CBI to register six more real estate fraud cases in Delhi-NCR

The Supreme Court on Tuesday allowed the CBI to register six more regular cases into the "unholy nexus" between banks and developers to dupe homebuyers in real estate projects in Mumbai, Bengaluru, Kolkata, Mohali and Prayagraj. A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh allowed the CBI to proceed as per law after Additional Solicitor General Aishwarya Bhati, appearing for the agency, mentioned that it has completed preliminary inquiry in projects of the various builders except Supertech Ltd, falling outside Delhi-NCR in Mumbai, Bengaluru, Kolkata, Mohali and Prayagraj. The bench noted the submission of the Central Bureau of Investigation (CBI) that, after preliminary inquiry, it has found a cognisable offence being made out and allowed the agency to register regular cases and proceed according to law. Bhati said the agency is willing to register six regular cases for speedy investigation and conduct a search and seizure in the matter. The top court directed

Courts cannot act as agents to recover money: SC asks police to apply mind

The judges noted this has become a recent trend, with parties filing criminal cases to recover money that is essentially a civil dispute

Chhattisgarh NAN 'scam': ED gets 4-week custody of 2 ex-IAS officers

A special court here has sent former IAS officers Alok Shukla and Anil Tuteja in the Enforcement Directorate's custody for four weeks in a money laundering case linked to the alleged Nagrik Apurti Nigam (NAN) scam. The duo surrendered before the court of Special Judge (Prevention of Money Laundering Act) Damarudhar Chouhan, following which they were formally arrested by the ED on Monday and produced before the court. "The special court has granted their custodial remand to the ED for four weeks. The two will be taken to Delhi for interrogation," ED's lawyer Saurabh Kumar Pande told PTI. Last week, the Supreme Court set aside the anticipatory bail granted to Shukla (65) and Tuteja (62). It allowed ED to take their custody for a period of four weeks, after which both were to be released "if not required in any other case, subject to the terms and conditions that may be imposed by the trial court". The apex court had granted the duo one week to surrender. As per the custodial remand