Page 5 - Supreme Court

Centre files curative plea in SC over states' right to levy mining cess

The Centre has approached the Supreme Court with a curative plea against the ruling that allowed states to levy a cess on mining lands, warning of international implications and strain on the federal

Should intruders with Aadhaar be allowed to become voters? SC asks amid SIR

The Supreme Court emphasised that an Aadhaar is meant to ensure the delivery of welfare benefits and should not, by itself, grant voting rights

SC orders Samay Raina, others to host two monthly events for disability aid

The court was hearing a petition filed by Cure SMA India Foundation, which sought action against online content that it said violated the right to life and dignity of persons with disabilities

SC to hear plea on Delhi-NCR air pollution on Dec 3 amid health emergency

The Supreme Court on Thursday agreed to hear on December 3 a plea concerning the deteriorating air quality in the DelhiNational Capital Region, saying the issue needed to be monitored on a regular basis. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi took note of the submissions of senior advocate Aparajita Singh, who is assisting the bench as an amicus curiae in the air pollution case, that there is an alarming situation in Delhi-NCR and it is a health emergency. What magic wand can a judicial forum exercise? I know this is hazardous for Delhi-NCR. We all know the problem. The issue is what is the solution. We need to identify reasons and the solutions can be given by the domain experts only. We hope and expect that long term solutions are found, the CJI said. Tell me what can we direct? We issue some directions and get to breathe clean air immediately ... .Then we have to see what the solutions can be in each region. Let us see what the government has ...

India's new test for Permanent Establishment: Control over Presence

The Hyatt case has reignited a debate over what constitutes a permanent establishment, with courts increasingly focusing on the 'form over substance' principle

Bar vital in upholding sanctity of Constitution, says CJI Surya Kant

The Bar occupies an indispensable place in fortifying the rule of law and upholding the sanctity of the Constitution, Chief Justice of India Surya Kant said on Wednesday while also stressing its importance in providing legal aid to the vulnerable and the marginalised. Addressing a gathering at a Constitution Day function organised by the Supreme Court Bar Association, the CJI said the judiciary has repeatedly acknowledged the invaluable role of the Bar in safeguarding its virtues. "When we celebrate the pivotal moment when the people of India gifted unto themselves their most fundamental covenant, I stand before you and must emphasise that the Bar occupies an indispensable place in fortifying the rule of law and upholding the sanctity of our Constitution... "I do not hesitate in saying that if the courts are regarded as the sentinel of the Constitution, then the members of the Bar are the torchbearers who illuminate our path. They help us discharge our solemn duty with clarity and .

SC pulls up lawyer seeking adjournment, says pending cases stand at 90,000

A two-judge bench of Justices BV Nagarathna and R Mahadevan admonished the lawyer representing the Karnataka government after she asked for time to seek instructions in a criminal matter

Supreme Court's Sterling ruling may pave way for similar settlements

SC's decision to close criminal proceedings against the Sandesara brothers after a substantial repayment has raised concerns that other high-profile economic offenders may seek similar settlements

Results of Maharashtra's 57 local body polls hinge on quota case ruling: SC

The Supreme Court on Tuesday observed that the final results of elections in Maharashtra for 57 local bodies, where 50 per cent ceiling on quota has been breached, will depend on its judgement in the case. The observations were made by a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi while deferring to November 28 the hearing on the issue of reservation in local body elections. The Maharashtra government, represented by Solicitor General Tushar Mehta, sought time to consult the state election commission (SEC) regarding compliance with the 50 per cent ceiling on quotas. Earlier on November 19, the bench had asked the state government to consider deferring the process of nomination for local body elections till the issue of grant of 27 per cent reservation for the Other Backward Class (OBC) is adjudicated upon by it. On Tuesday, the bench was informed by senior advocate Balbir Singh, appearing for the SEC, that elections to 242 municipal councils and 42 nagar .

'Gross indiscipline': SC upholds dismissal of Army officer in temple row

The Supreme Court refused to reinstate a Christian Army officer dismissed for not entering a temple sanctum during weekly parades, saying his actions went against the unity required in the forces

CJI Kant says no to oral mentioning of cases, hears 17 cases on first day

On the first day as the Chief Justice of India, Justice Surya Kant, Monday set a new procedural norm that mentioning cases for urgent listing must be made in writing, and oral requests will be entertained under "extraordinary circumstances" like in cases of death penalty and personal liberty. A bench led by Justice Kant heard as many as 17 cases in proceedings spanning around two hours on his first day as the CJI. Justice Kant formally assumed charge as the 53rd CJI shortly after taking oath in Hindi in the name of God at the Rashtrapati Bhavan. Arriving at the Supreme Court for the first time as CJI in the forenoon, he paid floral tributes at the statues of Mahatma Gandhi and Dr B R Ambedkar on the court premises. He then presided over a three-judge bench, also comprising Justices Joymalya Bagchi and Atul S Chandurkar, in the heritage courtroom number one. As proceedings commenced around noon, the CJI pronounced a judgment on a plea filed by Himachal Pradesh against a private ...

Supreme Court agrees to clear Sandesaras of bank fraud after part-payment

The Supreme Court has permitted the closure of criminal and investigative proceedings against Sterling Biotech's Nitin and Chetan Sandesara after they agreed to deposit Rs 5,100 crore

SC seeks replies on plea against ₹2,000 cash donations to political parties

SC has issued notices to the Centre and the EC on a petition arguing that the Rs 2,000 cash donation limit for political parties undermines transparency in an era of digital payments

SC agrees to $570 mn settlement by fugitive billionaire Sandesara brothers

After being accused of defaulting on domestic bank loans, the brothers, whose companies spanned industries from pharmacueticals to energy, fled India in 2017 on Albanian passports

Hisar advocate to Chief Justice of India: The making of Justice Surya Kant

Justice Surya Kant is set to become the first person from Haryana to occupy India's highest judicial post on Monday. Bhavini Mishra takes a look at his journey

SC to hear on Nov 24 plea challenging activist Sonam Wangchuk's detention

The Supreme Court is scheduled to hear on Monday a plea filed by Sonam Wangchuk's wife which termed the climate activist's detention under the stringent National Security Act as illegal and an arbitrary exercise violating his fundamental rights. The top court had on October 29 sought response of the Centre and the Ladakh administration on the amended plea of Wangchuk's wife Gitanjali J Angmo. As per the apex court's cause list of November 24, the plea is slated to come up for hearing before a bench of Justices Aravind Kumar and N V Anjaria. Wangchuk was detained under the National Security Act (NSA) on September 26, two days after violent protests demanding statehood and Sixth Schedule status for Ladakh left four people dead and 90 injured in the Union Territory. The government had accused him of inciting the violence. The amended plea has said, "The detention order is founded upon stale FIRs, vague imputations, and speculative assertions, lacks any live or proximate connection to

Dealing with pendency of cases will be my priority as CJI: Justice Kant

CJI-designate Justice Surya Kant on Saturday said dealing with a huge backlog of over 5 crore cases across courts in the country and promoting "game changer" mediation as an alternative mode of dispute resolution will be his two top priorities as head of the judiciary. On online trolling of judges and judgements, he said these things never perturbed him. Fair criticism is always acceptable, he said. Justice Kant, who was appointed as the 53rd Chief Justice of India (CJI) on October 30 by President Droupadi Murmu, will take the oath of office on November 24 to succeed Justice B R Gavai. In an informal chat with mediapersons at his official residence here, Justice Kant said, "My first and foremost challenge is arrears of cases. Today's scoreboard shows that the Supreme Court arrears crossed 90,000. I am not going into how it happened, who is responsible... maybe listing (of cases) has gone up." He said he will also seek reports from high courts about the pendency of cases there and i

Brazil's ex-Prez Bolsonaro seeks house arrest for prison time citing health

Brazil's former President Jair Bolsonaro's lawyers on Friday petitioned the Supreme Court requesting that he serve his prison time under house arrest, citing poor health. Bolsonaro was convicted in September of attempting a coup following his 2022 electoral defeat and was sentenced to 27 years and three months in prison. Earlier this month, the Supreme Court unanimously rejected an appeal from his legal team, though another is expected to come this week. He has been under house arrest since August after the Supreme Court ruled he violated precautionary measures imposed on him. The former president still has not begun serving his sentence in the coup attempt trial. The lawyers said that Bolsonaro's medical reports show he needs strict checking of his blood pressure and heart rate, regular tests and specific medications, in addition to frequent visits from multiple specialists, including a cardiologist, pulmonologist and gastroenterologist. If the petitioner is sent to prison, his ..

Chief Justice Gavai bids farewell to SC after four decades in judiciary

Overwhelmed by rich tributes on his last working day, Chief Justice of India Bhushan Ramkrishna Gavai on Friday said he was leaving the institution "with a full sense of satisfaction and contentment" and as a "student of justice" on concluding four decades of journey as a lawyer and a judge. In another farewell function held by the Supreme Court Bar Association (SCBA) in the evening, the 52nd CJI recalled the ire that he faced from his own community for one of his judgments in which it was held that the creamy layers among the Scheduled Castes (SCs) can also be denied the reservation benefits in admissions and jobs. "Being an ardent student of the Constitution, the virtues of equality, justice, liberty and fraternity were always close to my heart," he said. The CJI, who would demit office on November 23, a Sunday, justified his recent landmark verdict quashing key provisions of the 2021 Tribunals Reforms law saying independence of the judiciary is the basic structure of the ...

CAs on a par with advocates for ITAT appointment, rules Supreme Court

The Supreme Court has ruled that chartered accountants with ten years' experience can qualify for ITAT membership, striking down the earlier 25-year requirement as unconstitutional