Page 47 - Supreme Court

SC junks clause granting green nod exemption to education projects

The Supreme Court has struck down a Centre notification exempting schools, colleges and hostels from prior environmental clearance under the EIA Notification, 2006

Prior court approval needed for public interest suits under Section 92: SC

The Supreme Court on Tuesday said a prior nod from court was needed to file a lawsuit under the provision dealing with public charities of the Civil Procedure Code as the action was launched on behalf of public beneficiaries and that too in public interest. The top court issued directions on the legal issues and dismissed an appeal filed by a society registered under the Societies Registration Act, 1860, which challenged the maintainability of a suit against it under Section 92 of the Code of Civil Procedure (CPC). Section 92 of the CPC deals with lawsuits relating to public charitable or religious trusts and permits legal action to be taken in cases of alleged breaches of trust, or when the court's direction is needed for the trust's administration. A suit under Section 92 of the CPC is a representative suit of a special nature since the action is instituted on behalf of the public beneficiaries and in public interest. Obtaining a grant of leave' from the court before the suit can

SC rejects plea challenging declaration of ISIS as terrorist organisation

The bench noted that the petitioner's grievances could be addressed only through appropriate proceedings before the competent criminal court

'Judges can't decide who's a true Indian': Priyanka after SC slams Rahul

Priyanka Gandhi defends Rahul after SC's remark, says judges cannot decide who is a true Indian and it is Rahul's job as Opposition leader to ask questions to the government

UP says Banke Bihari Temple ordinance for better administration

The Uttar Pradesh government informed the Supreme Court on Tuesday that its objective for enacting an ordinance for Banke Bihari Temple trust was aimed at better administration of the religious place at Vrindavan in Mathura. On August 4, the top court said it would keep in abeyance its May 15 nod to the ambitious scheme to develop the Shri Banke Bihari Temple Corridor at Vrindavan in Mathura for the benefit of devotees as key stakeholders were not heard. Appearing before a bench of Justices Surya Kant and Joymalya Bagchi, Additional Solicitor General KM Nataraj said the 2025 ordinance had nothing to do with the pending litigation of ownership of the temple administration. "Let me clarify at the outset that the ordinance has nothing to do with the pending writ petition. There was a PIL filed for better administration of the temple before the high court and directions were passed," Nataraj said. He said the ordinance was issued for better administration of the temple which witnesses

SC cancels Dheeraj Wadhawan's bail in DHFL scam, asks surrender in 2 weeks

The Supreme Court cancels bail of ex-DHFL promoter Dheeraj Wadhawan in ₹34,000 crore bank loan scam case; rejects medical ground, directs him to surrender before jail in two weeks

Pollution boards can impose compensatory environmental damages, says SC

In a significant verdict, the Supreme Court has upheld the powers of the pollution control boards to impose restitutionary and compensatory damages for environmental harm, saying that prevention and remediation must be at the heart of environmental governance. A bench comprising justices PS Narasimha and Manoj Misra held that under provisions of the Water Act and the Air Act, pollution control boards are constitutionally and statutorily empowered to levy damages for actual or potential environmental harm. Having considered the principles that govern Indian environmental laws, we have held that the environmental regulators, the Pollution Control Boards exercising powers under the Water and Air Acts, can impose and collect restitutionary or compensatory damages in the form of fixed sum of monies or require furnishing of bank guarantees as an ex-ante measure to prevent potential environmental damage, Justice Narasimha wrote in the judgement delivered on Monday. The verdict said these .

SC likely to hear plea seeking restoration of statehood to J-K on August 8

The Supreme Court is likely to hear on August 8 a plea seeking directions to the Centre for the restoration of statehood to Jammu and Kashmir. Senior advocate Gopal Sankaranarayanan mentioned the matter on Tuesday before a bench of Chief Justice of India (CJI) B R Gavai and Justice K Vinod Chandran. "The date (on SC website) shows as August 8. Let it not be deleted," Sankaranarayanan submitted. The CJI accepted the request. Tuesday marks the sixth anniversary of the 2019 abrogation of Article 370, which accorded a special status to the erstwhile state of Jammu and Kashmir. On December 11, 2023, the Supreme Court unanimously upheld the revocation of Article 370, even as it ordered that assembly elections be held in Jammu and Kashmir by September 2024 and its statehood be restored "at the earliest". Last year, a plea was filed in the top court seeking directions to the Centre for the restoration of statehood to Jammu and Kashmir within two months. The application was filed by Zaho

SC cancels bail granted to Dheeraj Wadhawan in multi-crore loan scam case

The Supreme Court on Tuesday cancelled bail granted to former DHFL promoter Dheeraj Wadhawan in the multi-crore bank loan scam case. A bench of Justices Sanjay Kumar and Satish Chandra Sharma passed the order after perusing the report filed by a medical board and directed Wadhawan to surrender within two weeks. The Delhi High Court on September 9, 2024 granted him bail on medical grounds saying Wadhawan fell within the parameters of a "sick person". The order came on an appeal filed by the CBI appeal against the high court order. Additional Solicitor General S V Raju, representing the agency, had earlier said said Wadhawan suffered from no serious medical ailments and huge amounts of money were siphoned off in the case. The Wadhawan brothers -- Kapil and Dheeraj-- were arrested in this case in July 2022. The agency filed a chargesheet in October 2022 following which a court took its cognisance. The FIR was registered on a complaint made by the Union Bank of India, which alleged

Brazil's Supreme Court orders house arrest for ex-President Jair Bolsonaro

Brazil's Supreme Court on Monday ordered the house arrest for former President Jair Bolsonaro, on trial for allegedly leading a coup attempt after losing the 2022 election. The court's Justice Alexandre de Moraes issued the order, saying in his decision that Bolsonaro had violated the precautionary measures imposed on him by posting content on his son's social media channels. Prosecutors accuse Bolsonaro of heading a criminal organisation that plotted to overturn the election, including plans to kill President Luiz Incio Lula da Silva and a Supreme Court justice. Monday's order followed one from the top court last month that ordered Bolsonaro wear an electronic ankle monitor and imposed a curfew on his activities while the proceedings are underway. The latest decision keeps the far-right leader under ankle monitoring, allows only family members and lawyers to visit him and seizes all mobile phones from his home in Rio de Janeiro.

SC questions Rahul Gandhi's 2,000 sq km China claim in defamation case

'Say it in Parliament, not social media': Supreme Court rebukes Congress leader Rahul Gandhi's 2022 statements in defamation case

Green regulators can seek bank guarantees from polluters: Supreme Court

The Supreme Court ruled that Pollution Control Boards can impose environmental compensation and seek bank guarantees as preventive measures for potential environmental damage

RBI MPC meeting, Shibu Soren passes away, SC rebukes Rahul Gandhi, Adani-BYD tie-up & more

The Supreme Court today stayed defamation proceedings against Leader of Opposition Rahul Gandhi for his 2022 remark that the Indian Army was “thrashed” by Chinese forces in Arunachal Pradesh.

SC tells Bhupesh Baghel, son to move HC, flags rich bypassing process

The Supreme Court on Monday censured the practice of affluent persons coming to it directly seeking reliefs in criminal cases as it asked former Chhattisgarh chief minister Bhupesh Baghel and his son to go to the high court in cases probed by central investigating agencies. The matters relate to the alleged liquor scam in Chhattisgarh and other cases. A bench of Justices Surya Kant and Joymalya Bagchi asked the father and son duo why should the top court go into their pleas against FIR, arrest and remand and Prevention of Money Laundering Act (PMLA) provisions. The top court asked why did the petitioners not move the high court, which too were constitutional courts and could adjudicate the issue. "This is the problem we are facing. Why can't the high court decide the issue otherwise what is the use of having those courts? This is the new trend, when an affluent person approaches the Supreme Court, we start changing our directions. If this keeps on happening, then ordinary persons a

SC stays Textbook Edu's plea against Google in billing policy case

The Supreme Court stays a Madras High Court ruling that had dismissed Google's plea in the case concerning Textbook Edu's challenge to Google's user choice billing policy

'Govt denies, distracts, lies': Congress slams Centre after SC raps Rahul

The Congress accuses the Centre of evading accountability on China border issue, calls it a 'DDLJ policy', after SC questions Rahul Gandhi's remarks on Chinese occupation of Indian territory

SC stays Madras HC order allowing Testbook's suit against Google billing

Supreme Court has put a pause on a Madras High Court order that allowed ed-tech firm Testbook to go ahead with its case against Google over billing policies on the Play Store

NCPCR plea over shifting of madrasa students can go before HC: SC

The Supreme Court on Monday said the challenge to the communications issued by child rights body NCPCR urging states to shift students in unrecognised madrasas to government schools could be raised before the high court concerned. The petitioner organisation Jamiat Ulema-i-Hind has challenged the action of the Uttar Pradesh and Tripura governments directing students of unrecognised madrasas to be shifted to government schools. A bench of Justices M M Sundresh and N Kotiswar Singh told the counsel appearing for the petitioner that it would extend the protection given by the apex court earlier and grant them liberty to move the high court. In its order passed on October 21 last year, the top court stayed the operation of the communications issued by the National Commission for Protection of Child Rights (NCPCR) and consequential actions of some states. Senior advocate Indira Jaising, appearing for the petitioner, said there was already an interim order of the apex court staying the .

Plea against MNS, Raj Thackeray: SC asks petitioner to move Bombay HC

The Supreme Court on Monday asked a petitioner to move the Bombay High Court with his plea accusing Maharashtra Navnirman Sena (MNS) president Raj Thackeray of hate speech and inciting violence against the north Indian community. A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran asked Sunil Shukla, national president of the Uttar Bhartiya Vikas Sena, the reason of not moving the high court with his grievances. Is the Bombay High Court on vacation? the CJI asked, prompting Shukla's lawyer to withdraw the plea. The bench, without expressing any opinion on the merits, allowed the petitioner to withdraw the plea and move the high court. Shukla's plea alleged the Maharashtra government and the police didn't respond to his repeated requests to register criminal cases against MNS cadres who have resorted to violence, threats to life and harassment against him, in the past. His advocacy for the rights of north Indians had made him a target for threats, harassment, an

SC refuses to stay HC order restraining DMK from using OTP verification

The Supreme Court on Monday refused to stay an interim injunction by the Madras High Court against the use of OTP verification messages for the DMK's enrolment drive 'Oraniyil Tamil Nadu'. A bench of Justices P S Narasimha and A S Chandurkar dismissed the appeal filed by the DMK, saying the issue is sensitive. The whole process is suspect, it said. "The court has to protect the citizens. Go back to the high court. We are not inclined to interfere in the matter. Dismissed," the bench said. Senior advocate P Wilson, appearing for the DMK, submitted that the party was not collecting Aadhaar details. He contended that the high court had wrongly passed the order as there was no injunction sought in the matter. "My whole programme has come to a standstill. 1.7 crore members have come and offered thematic. I am doing what other parties like BJP and Aam Aadmi Party are doing. I am not collecting Aadhaar details," Wilson said. On July 21, the high court issued an injunction restraining th