Page 43 - Supreme Court

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

Nimisha Priya on death row: SC told talks ongoing, no immediate threat

The Supreme Court was informed on Thursday that there was "no immediate threat" to Indian nurse Nimisha Priya who is on death row in Yemen for murder. It then listed the matter after eight weeks. The counsel for petitioner organisation Save Nimisha Priya International Action Council, which is extending legal support to Priya, requested a bench of Justices Vikram Nath and Sandeep Mehta to adjourn the matter. The apex court was hearing a plea seeking a direction to the Centre to use diplomatic channels to save the 38-year-old nurse from Palakkad in Kerala who was convicted of murdering her Yemeni business partner in 2017. "Negotiations are going on. As of now there is no immediate threat. Kindly adjourn it by four weeks. Hopefully, everything will be over by that time," the counsel said. "Let this matter be listed after eight weeks," the bench then said. The petitioner's counsel said they would mention the matter before the top court if there was any urgency. The top court was appr

SC seeks Centre's reply on PIL over detention of Bengali-speaking workers

The Supreme Court on Thursday agreed to hear a PIL which alleged that Bengali-speaking migrant workers are been detained on suspicion of being Bangladeshi nationals. A bench of Justices Surya Kant and Joymalya Bagchi, however, refused to pass any interim order with regard to the detention, saying any order will have consequences especially with respect to people, who genuinely came from across the borders. "States where these migrant workers are working have the right to inquire from their state of origin about their bonafide but the problem is in the interregnum. If we pass any interim orders, then it will have consequences, especially those who have illegally come from across the border and need to be deported under the law," the bench said. It asked advocate Prashant Bhushan, appearing for petitioner West Bengal Migrant Welfare Board, to wait for sometime for the responses from the Centre and nine statesOdisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, ..

Renukaswamy murder case: SC cancels bail granted to actor Darshan

Observing that persons regardless of popularity are equal before the law, the Supreme Court on Thursday cancelled the bail granted to actor Darshan and other accused in the Renukaswamy murder case. A bench of Justices J B Pardiwala and R Mahadevan set aside the Karnataka High Court order, saying it suffers from various infirmities. The top court directed the authorities to take Darshan and other accused into custody forthwith and ordered that the trial be conducted expeditiously. "We considered everything. The grant of bail as well as cancellation. It is evident that the high court order suffers from serious infirmities, instead it reflects a mechanical exercise and moreover, the high court undertook examination at pre-trial stage," Justice Mahadevan said. "The trial court is alone the appropriate forum. The well-founded allegations, coupled with forensic evidence re-enforce the cancellation of bail. The bail granted to the petitioner is cancelled," the bench said. Justice Pardiwa

SC reserves order on stray dogs; raps govt, civic bodies for inaction

The Supreme Court criticised the government and civic bodies for inaction on Delhi-NCR's stray dog crisis, and reserved its decision on pleas against its order to round up the animals

SC seeks Centre's response on plea seeking restoration of statehood to J-K

The Supreme Court on Thursday sought a response from the Centre on a plea seeking the restoration of statehood to Jammu and Kashmir. A bench comprising Chief Justice of India (CJI) B R Gavai and Justice K Vinod Chandran also took note of the submissions of Solicitor General Tushar Mehta, appearing for the Centre, that there were "several considerations which go into the decision-making process". It listed the plea, filed by academician Zahoor Ahmad Bhat and socio-political activist Ahmad Malik, for hearing after eight weeks. "You cannot ignore what happened in Pahalgam... It is for Parliament and the Executive to take a decision," the CJI said when senior lawyer Gopal Sankaranarayanan, appearing for Bhat, sought an early hearing. On December 11, 2023, the Supreme Court unanimously upheld the revocation of Article 370, which accorded a special status to the erstwhile state of Jammu and Kashmir, even as it ordered that assembly elections be held in the union territory by September 20

SC issues guidelines on handling of stray dogs amid backlash: Details

In its directive, the Supreme Court has laid down strict guidelines to ensure humane treatment, proper sheltering, and accountability in the handling of stray dogs

New three-judge SC bench to hear NCR stray dog case on August 14

After widespread protests across the country following a top court verdict on relocation of stray dogs in Delhi-NCR, a new three-judge bench of the Supreme Court will hear the suo motu case on Thursday. A bench comprising Justices Vikram Nath, Sandeep Mehta and N V Anjaria will hear the matter. The directions to permanently relocate all strays from streets to shelters "at the earliest" were passed by a bench comprising Justice J B Pardiwala and Justice R Mahadevan on August 11. When some petitioners in another stray dogs-related case mentioned their plea while referring to the August 11 verdict before the Chief Justice of India B R Gavai, he said he "will look into it". On August 11, a bench of Justices Pardiwala and Mahadevan observed instances of dog bites had given rise to an "extremely grim" situation and ordered the permanent relocation of all strays in Delhi-NCR "at the earliest". On Wednesday, the lawyer referred to a May 2024 order passed by a bench led by Justice J K ...