Page 37 - Supreme Court

SC stays proceedings against TN minister in disproportionate assets case

The Supreme Court has stayed the proceedings before a special court against DMK leader and Tamil Nadu Minister I Periyasamy and his family members in a Rs 2.1 crore disproportionate assets case. A bench of Justices Dipankar Datta and A G Masih on August 19 also issued notice in the matter. "There shall be stay of proceedings in..pending before the Chief Judicial Magistrate cum Special Judge for Prevention of Corruption Act Cases, Dindigul," the bench said. The top court passed the order on Periyasamy's appeal challenging the Madras High Court verdict of April, 28, which directed the special court to frame charges against him and his family members. The high court passed the order on pleas filed by Directorate of Vigilance and Anti-Corruption (DVAC), challenging an order discharging Periyasamy and his family members from the case. The high court, however, rejected that order and directed the special court to conduct a day-to-day trial and complete it within six months. Periyasamy

SC asks if harmony between governor, state govt meets Constitution's vision

The Supreme Court on Wednesday asked whether the country has lived up to the expectations of the Constitution framers that there will be harmony between the governor and the state government, besides the consultation on various issues between the two power centres. The observation of a five-judge Constitution bench headed by Chief Justice BR Gavai came when Solicitor General Tushar Mehta, appearing for the Centre, referring to the Constituent Assembly debates on appointment and powers of the governor. The bench, also comprising Justices Surya Kant, Vikram Nath, PS Narasimha and AS Chandurkar, was told by Mehta that unlike criticism made in different quarters, the post of governor is not for political asylum seekers but has certain powers and responsibility under the Constitution. The solicitor general, who continued his submissions on the Presidential Reference which raised constitutional questions on whether the court can impose timelines for governors and the president to deal wit

Former SC judge B Sudershan Reddy picked as INDIA bloc VP candidate

B Sudershan Reddy to contest as INDIA alliance VP candidate, facing NDA's CP Radhakrishnan; elections are set for September 9 after Dhankhar's resignation

SC questions Kerala, TN on their objection to President seeking views

The Supreme Court has questioned Kerala and Tamil Nadu on their objection to President Murmu seeking views from the apex court under Article 143 regarding assent to state bills

'Why pay ₹150 for 12 hours on 65 km?' SC flags toll collection issues

The Supreme Court questioned why commuters should pay ₹150 on a 65-km Thrissur highway that took 12 hours due to poor road conditions and heavy traffic

SC starts hearing on Presidential Reference on timeline for assent to bills

The Supreme Court on Tuesday commenced hearing on the Presidential Reference, which raised constitutional questions on whether the court can impose timelines for Governors and the President to deal with bills passed by state assemblies. A five-judge constitution bench headed by Chief Justice BR Gavai allowed state governments of Kerala and Tamil Nadu to question the maintainability of the Presidential Reference. "We will hear preliminary objections for half an hour. Thereafter, we will start hearing submissions from the Attorney General," CJI Gavai said at the outset. The bench -- also comprising Justices Surya Kant, Vikram Nath, P S Narasimha and A S Chandurkar -- said that after hearing preliminary objections, the court will hear arguments on the Presidential Reference itself, starting with the submission of Attorney General R Venkataramani. Senior advocate KK Venugopal, appearing for Kerala government, opposed the Presidential Reference and said the issue is covered by a series

Bihar SIR: After SC directive, EC allows excluded voters to submit Aadhaar

The Election Commission (EC) on Monday said people who have been left out of Bihar's draft voter list can submit a copy of their Aadhaar to include their name in the electoral roll, after the Supreme Court directed the poll authority to accept the card as proof of identity. In a statement, the EC said according to rules, the claims and objections are to be disposed of by the concerned electoral registration officer not before the expiry of seven days after the verification of eligibility documents. It also underlined that according to Special Intensive Revision (SIR) orders, no name can be deleted from the draft list published on August 1 without passing a speaking order by the electoral registration officer (ERO) after conducting an enquiry and after giving a fair and reasonable opportunity. The list of 65 lakh people excluded from the draft list is available on the websites of the district magistrates of Bihar. "Aggrieved persons may submit their claims along with a copy of their

Decoded: How the probe against Justice Yashwant Varma will unfold

The move follows a Supreme Court in-house inquiry - set up by the then chief justice of India, Justice Sanjiv Khanna - which found Justice Varma guilty

Fixed timelines for Guvs, Prez risk 'constitutional disorder': Centre to SC

Imposing fixed timelines on governors and the president to act on bills passed by a state Assembly would amount to one organ of the government assuming powers not vested in it by the Constitution and lead to a "constitutional disorder", the Centre has told the Supreme Court. The Centre has said this in the written submissions filed in the Presidential Reference raising constitutional issues on whether timelines could be imposed for dealing with bills passed by a state Assembly. "The alleged failure, inaction or error of one organ does not and cannot authorise another organ to assume powers that the Constitution has not vested in it. If any organ is permitted to arrogate to itself the functions of another on a plea of public interest or institutional dissatisfaction or even on the justification derived from the Constitution ideals, the consequence would be a constitutional disorder not envisaged by its framers," it has said. The note filed by Solicitor General Tushar Mehta has argued

Assessee must comply with summons issued by tax authority: Supreme Court

The Supreme Court has held that an assessee must comply with a summons and furnish a response to a show cause notice when it is issued by the central or the state tax authority. "Assessee" under the Income Tax Act of 1961 refers to any individual or entity that holds the legal liability of tax payment or any other financial commitments as specified by the Act. Thus, laying down guidelines to prevent duplication of adjudication by central and state GST authorities, a bench of Justices J B Pardiwala and R Mahadevan said that mere issuance of a summons does not enable either the issuing authority or the recipient to ascertain that proceedings have been initiated. "Where a summons or a show cause notice is issued by either the Central or the State tax authority to an assessee, the assessee is, in the first instance, obliged to comply by appearing and furnishing the requisite response, as the case may be. "Where an assessee becomes aware that the matter being inquired into or investigat

Rain Dogs: Rohit Chawla's book reflects on stray dogs' fate and our bond

Photographer and art director Rohit Chawla's book Rain Dogs gets to the heart of why human beings care about stray dogs, and what makes their blood boil when they imagine their fate

Publish list of voters deleted in Bihar SIR before Aug 19: SC to EC

SC orders EC to publish names and reasons for deletion of 65 lakh voters in Bihar's SIR by Aug 19, with booth-wise online access and publicity across multiple platforms

Not just 'friendly critics': Independent directors need more accountability

This era of the sinecure may be changing, however, with Sebi and the courts increasingly holding independent directors liable for corporate malfeasance

SC rejects Pernod Ricard's plea over London Pride whisky trademark dispute

The Supreme Court on Thursday rejected liquor major Pernod Ricard India's plea to block the sale of London Pride whisky, saying the brand name and packaging were not deceptively similar to its own flagship labels, Blenders Pride and Imperial Blue. A bench of Justices J B Pardiwala and R Mahadevan upheld decisions of the Madhya Pradesh High Court and the Indore Commercial Court which refused to grant the French-owned spirits company an interim injunction against Indore-based manufacturer Karanveer Singh Chhabra. The issue was whether Pernod Ricard India was entitled to an order restraining Chhabra from using the impugned trademark, get-up, and trade dress, including the packaging of LONDON PRIDE' on the ground that such use amounts to infringement its registered trademarks, such as BLENDERS PRIDE', IMPERIAL BLUE', and SEAGRAM'S. It is a settled principle of trademark law that deceptive similarity does not necessitate exact imitation. What is material is the likelihood of confusion o

SC reserves verdict on stray dog removal; slams govt, civic bodies for inaction

The Supreme Court has reserved its decision on pleas challenging its order to remove stray dogs from Delhi-NCR streets, criticising authorities for failing to address the crisis.

SC seeks response from Centre, DGCA over series of helicopter crashes

The Supreme Court on Thursday sought responses from the Centre among others on a plea over a series of helicopter crashes, particularly in Uttarakhand's Kedarnath. A bench of Justices Vikram Nath and Sandeep Mehta issued notices to the Centre and the Directorate General of Civil Aviation (DGCA) and the Uttarakhand government, among others, on the plea. "The concern is over a series of helicopter crashes that have taken place, particularly towards Kedarnath," the petitioners' counsel said. The bench posted the matter after four weeks. On June 15, a helicopter carrying pilgrims from the Kedarnath shrine crashed in the forests of Gaurikund amid poor visibility, killing all seven people on board, the fifth helicopter accident on the Chardham Yatra route since the pilgrimage started on April 30. The seven casualties included a two-year-old child and the pilot, who were on board the helicopter, operated by a private firm. The civil aviation ministry said it has suspended the operations

SC tells ECI to publish list of 6.5 mn deleted Bihar voters with reasons

The Supreme Court has told the Election Commission to publish names of 6.5 million voters removed from Bihar's rolls, along with reasons, and ensure the list is easily available to the public

SC asks ECI to detail docs considered in 2003 Bihar electoral roll revision

The Supreme Court on Thursday asked the Election Commission of India (ECI) to inform about the documents considered during the 2003 intensive electoral roll revision in Bihar. A bench of Justices Surya Kant and Joymalya Bagchi, which resumed the hearing on a pleas challenging the June 24 ECI decision to conduct the special intensive revision (SIR) in the state said, "We would like ECI to state what documents were taken in 2003 exercise". The remarks came after advocate Nizam Pasha, appearing for one of the parties, said referred to the court reportedly saying "if the date of January 1, 2003 (the date of earlier SIR) goes then everything goes". "I must submit that nothing was there to show why this date is there The impression sought to be conveyed is that it is the earlier date when the intensive exercise for revision of the electoral roll was held. It is stated that the EPIC (voter) card issued then is more reliable than issued during summary exercises conducted from time to time,

'Completely vague': SC on plea to return captive elephants kept in Vantara

The Supreme Court on Thursday termed as "completely vague" a plea seeking to constitute a monitoring committee to return the captive elephants in Vantara, a wildlife rescue and rehabilitation centre for wild animals. A bench of Justices Pankaj Mithal and P B Varale told advocate C R Jaya Sukin, petitioner in person, that he was making allegations against Vantara without even adding them as party. The top court asked the petitioner to implead Vantara in the petition. "You are making allegations against parties which are not represented here. You have not made them respondents. You implead them and then come back to us we will see," the bench said and posted the matter for August 25. The apex court also tagged a similar petition with Sukin's plea. The petition was earlier mentioned before Chief Justice of India B R Gavai for urgent listing. The plea has sought constitution of a monitoring committee to ensure the return of the captive elephants to its owners and to "rescue all wild

71% people back SC's verdict of removing stray dogs from Delhi: Report

According to a Local Circles survey, at least 71 per cent of the respondents supported the Supreme Court's decision to remove all stray dogs from Delhi NCR, and only 24 per cent opposed the verdict