Page 51 - Supreme Court

Assent to bills: SC seeks Centre, States' reply on Prez reference timeline

In a significant development, the Supreme Court on Tuesday sought responses of the Centre and all states on the Presidential reference raising constitutional issues on whether timelines could be imposed for dealing with bills passed by assembly. Observing that the issues raised in the presidential reference will affect the entire country, a five-judge Constitution bench headed by Chief Justice of India BR Gavai sought the replies in a week and fixed the reference for fixing timelines and other procedural details on July 29. "There are issues of interpretation of the Constitution. We have requested the Attorney General to assist us. Issue notice to the Union and all state governments. The Solicitor General will appear for the Union. All state governments be served through emails. List it on next Tuesday. Notice be also served to all standing counsel," ordered the bench which also comprised justices Surya Kant, Vikram Nath, PS Narasimha and AS Chandurkar. During a brief hearing, senio

SC refuses to stay QR code directive for eateries along Kanwar Yatra route

The Supreme Court on Tuesday refused to stay the "QR" code directive for eateries along Kanwar Yatra route in UP, Uttarakhand and directed all hotel owners along the route to display their licences and registration certificates in line with the statutory requirements. A bench of Justices M M Sundresh and N Kotiswar Singh said it was not going into the other issues over display of names of the hotel or dhaba owner and the QR code, Tuesday being the last day of the Kanwar Yatra. "We are told that today is the last day of the yatra. In any case it is likely to come to an end in the near future. Therefore, at this stage we would only pass an order that all the respective hotel owners shall comply with the mandate of displaying the licence and the registration certificate as per the statutory requirements," the bench said. The top court was hearing a plea filed by academician Apoorvanand Jha and others. Senior advocate Abhishek M Singhvi, appearing for the petitioners, submitted that th

SC to hear plea against acquittal of 2006 Mumbai bomb blast case accused

Seeking an urgent listing of the matter, Solicitor General of India, Tushar Mehta, mentioned it before a Supreme Court bench led by Chief Justice BR Gavai. The matter has been listed for Thursday

Have the right to 'verify citizenship', EC tells SC on Bihar roll revision

The Election Commission told the Supreme Court that it is legally bound to verify citizenship in Bihar's voter roll revision, citing constitutional and legal duty to ensure only citizens are included

Supreme Court declines to examine plea on milk used at Tirupati temple

The Supreme Court on Monday refused to examine a plea for a direction to the Tirumala Tirupati Devasthanams to ensure the milk used for the worship of Lord Venkatesh should be taken only from indigenous cows. A bench of Justices M M Sundresh and N Kotiswar Singh declined to pass any direction on the matter. "There are much more important issues than this. The true love for god lies in serving fellow living beings, and not in these things," the bench said. The top court was hearing a plea filed by Yuga Thulasi Foundation seeking directions to Tirumala Tirupati Devasthanams to ensure only the milk of indigenous cows was used for the worship and bhog prasad (sacred food offering) of Lord Venkatesh. The counsel appearing for the petitioner submitted that worship has to be conducted as per the Agamashastras (Hindu scriptures) and sought implementation of an existing resolution.

SC allows Adani Cementation to cut 158 mangrove trees in Raigad

The Supreme Court upheld the Bombay High Court's order permitting Adani Cementation to cut 158 mangrove trees for a jetty project in Raigad, aimed at reducing congestion and carbon emissions

Samajwadi Party misused power to occupy office space for ₹115: SC

The Supreme Court on Monday rapped the Samajwadi Party for "fraudulently occupying" office space for a paltry Rs 115 in Uttar Pradesh's Pilibhit, underlining a "clear misuse of political power". A bench of Justices Surya Kant and Joymalya Bagchi told senior advocate Siddharth Dave, appearing for the political party, that it was not a case of fraudulent allotment but a case of "fraudulent occupation using muscle power and misusing power". The top court was acting on the party's plea against Nagarpalika Parishad of Pilibhit's eviction order. Dave argued despite paying rent for the office space, the municipal authorities were adamant to evict his client. He said a suit seeking injunction on the eviction order had been filed. "You are a political party. You misused official position and political power to occupy the space. When action comes, you start remembering everything. Have you ever heard of office space in a municipal area for Rs 115 rent. This is a clear case of abuse of power

Centre suggests six cuts in 'Udaipur Files', SC extends stay on release

The Centre on Monday informed the Supreme Court that it has suggested six cuts in the movie "Udaipur Files - Kanhaiya Lal Tailor Murder". "In personal opinion any further action than what has been recommended by the competent authority will be infringing Article 19. I have gone through the order," Solicitor General Tushar Mehta informed a bench of Justices Surya Kant and Joymalya Bagchi. The top court asked Mehta to place the order on record. Senior advocate Gaurav Bhati, appearing for filmmakers, submitted the Centre was exercising its revisionary jurisdiction and recommended six cuts in film scenes and they have been complied with. Justice Kant told Bhatia that film producers would have to comply with the directions of cutting the scenes, unless they wished to challenge the order. Senior advocate Maneka Guruswamy, appearing for accused Mohd Javed, seeking the stay on the movie's release, said the interim stay should continue till the apex court decided the issue. The bench went

Supreme Court rejects BCCI, Riju Raveendran plea in Byju's settlement case

The Supreme Court on Monday upheld an order rejecting the appeals of the BCCI and Byju's co-founder Riju Raveendran seeking withdrawal of insolvency proceedings against his company. A bench comprising Justices J B Pardiwala and R Mahadevan dismissed the appeals filed by the Board of Control for Cricket in India (BCCI) and Raveendran challenging the National Company Law Appellate Tribunal (NCLAT) verdict on April 17. BCCI and Raveendran had previously challenged an order of the Bengaluru bench of the National Company Law Tribunal, which on February 10 directed to place their settlement offer before the new Committee of Creditors (CoC), in which US-based Glas Trust, the trustee for lenders to which Byju's owes USD 1.2 billion, is a member. A two-member Chennai bench of the NCLAT comprising Justice Rakesh Kumar Jain and Jatindranath Swain upheld the directions passed by the NCLT and said the settlement proposal was filed after the formation of CoC, hence as the provisions of Section 12

SC protects Shreyas Talpade from arrest in Haryana marketing scam case

The Supreme Court on Monday granted protection from arrest to actor Shreyas Talpade in a case of cheating and breach of trust against a society. A bench of Justices B V Nagarathna and K V Viswanathan issued notice to Haryana Police and others on the actor's plea. Thirteen people, including actors and brand ambassadors Talpade and Alok Nath, were booked ont he complaint of 37-year-old Sonipat resident Vipul Antil. Antil alleged both the actors "promoted the Human Welfare Credit Cooperative Society Ltd, as brand ambassadors". Additional Commissioner of Police, Murthal, Sonipat, Ajeet Singh said the complaint was against a multi-marketing company under investigated. About the two actors, the ACP had said, "It has been alleged that they were its brand ambassadors and victims get lured to invest because of such personalities. They were named in the complaint. An FIR has been registered. Now, it will be investigated what was their role." The FIR was registered on January 22 under Secti

SC seeks response from Centre, states on plea for consumer 'right to know'

The Supreme Court on Monday sought responses from the Centre and the states on a plea to declare consumers had a "right to know" about products aside from the details of distributors and sellers. A bench of Justices Vikram Nath and Sandeep Mehta sought the responses within four weeks. The petition filed by petitioner Ashwini Kumar Upadhyay said "right to know" was crucial for consumers to make informed choices and to protect themselves from unfair or restrictive trade practices and unscrupulous exploitation. The plea sought directions to the authorities concerned to ensure every distributor, trader and shop owner displayed details of registration, including name, address, phone number and number of employees at the entry gate in bold letters on a display board visible to people. "Right to know helps consumers avoid falling prey to a fraudulent or deceptive distributor, dealer, trader, seller and shop owner, who might misrepresent a product/service or disappear after sale, purchase

Ex-promoters seek hearing in SC against verdict on liquidation of BSPL

The former promoters of Bhushan Steel and Power Ltd on Monday urged the Supreme Court to accord an open court hearing to their plea seeking review of the May 2 verdict ordering liquidation of BSPL under the Insolvency and Bankruptcy Code. The top court had on May set aside the resolution plan submitted by JSW Steel for the BSPL, holding it illegal and in violation of the Insolvency and Bankruptcy Code (IBC). A bench comprising Justice Bela M Trivedi (since retired) and Justice Satish Chandra Sharma had also ordered the liquidation of BSPL under the IBC. The former promoters of BSPL were Sanjay Singhal and his family, specifically including his father Brij Bhushan Singal and brother Neeraj Singal. On Monday, senior advocate Vikas Singh, appearing for former promoters of the ailing firm, told a bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran that the review plea be listed before a bench for an open court hearing. The senior lawyer said the value of the assets o

SC concerned over ED summoning lawyers for advice, may frame guidelines

The Enforcement Directorate is "crossing all limits", the Supreme Court said on Monday as it expressed serious concern over the agency summoning advocates for offering legal advice or representing clients during investigations. It also called for guidelines on the matter. The remarks from an apex court bench of Chief Justice B R Gavai and Justice K Vinod Chandran came during a suo motu hearing initiated by the court to address the implications of such actions on the independence of the legal profession. The communication between a lawyer and the clients is privileged communication and how can the notices be issued against them they are crossing all limits, the CJI said. Guidelines should be framed, the CJI said while responding to submissions that recent ED notices to legal professionals like senior advocate Arvind Datar could have a chilling effect on the practice of law. Attorney General R Vennkataramani and Solicitor General Tushar Mehta said the issue had been taken up at the .

Why use ED for politics? SC warns against misusing agency in Muda scam

The Supreme Court has dismissed the ED's appeal against Karnataka HC order quashing Muda case summons to Siddaramaiah's wife; said political battles should not be fought through agencies

SC rejects appeal against Karnataka CM's wife, questions ED's role

The Supreme Court on Monday questioned the Enforcement Directorate's conduct in politically sensitive cases as it upheld the Karnataka High Court's decision to quash the case against Chief Minister Siddaramaiah's wife in the MUDA case. Cautioning against the agency being used as a tool in political battles, a bench comprising Chief Justice B R Gavai said, "Let political battles be fought before the electorate. Why are you being used". The bench comprising Chief Justice Gavai and Justice K Vinod Chandran was hearing the ED's appeal challenging a Karnataka High Court order that quashed proceedings in the Mysuru Urban Development Authority (MUDA) case involving BM Parvati, wife of the Karnataka chief minister. Mr Raju (Additional Solicitor General S V Raju who was appearing for the ED), please don't compel us to open our mouths. Otherwise, we will be forced to make some harsh comments about the ED. Unfortunately, I have some experience in Maharashtra. Don't perpetuate this violence ...

SC refuses urgent hearing on plea for FIR against Justice Varma in cash row

The Supreme Court on Monday refused to list for urgent hearing a plea seeking the registration of an FIR against the Allahabad High Court's Justice Yashwant Varma in connection with the cash discovery row. A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran was urged by lawyer Mathews Nedumpara that it was his third petition on the issue, and it be listed for hearing urgently. "Do you want it to be dismissed right now?" the CJI asked, adding that it will be listed in due course. "It is impossible to be dismissed. An FIR has to be registered. Now Varma seems to be asking for that only. There has to be an FIR, an investigation," the lawyer said. The bench took strong note of the fact that the lawyer addressed the high court judge as Varma'. "Is he your friend? He is still Justice Verma. How do you address him? Have some decorum. You are referring to a learned judge. He is still a judge of the court," the CJI said. "I don't think that greatness can apply to him.

Plea in SC seeks 'right to know' on product quality, seller details

A petition has been filed in the Supreme Court seeking to declare that consumers have a "right to know" about the quality, purity and certification of products, besides details of distributors and sellers for redressal against unfair restrictive trade practices. It has also sought directions to the Centre and the states to ensure that every distributor, trader and shop owner displays details of registration, including name, address, phone number and number of employees at the entry gate in bold letters on a display board visible to people. The plea is slated to come up for hearing on July 21 before a bench of Justices Vikram Nath and Sandeep Mehta. The petition filed by petitioner Ashwini Kumar Upadhyay said "right to know" was crucial for consumers to make informed choices and to protect themselves from unfair or restrictive trade practices and unscrupulous exploitation. "Right to know helps consumers avoid falling prey to a fraudulent or deceptive distributor, dealer, trader, sel

SC bench to hear Presidential reference on timelines for bills on July 22

A five-judge Constitution bench of the Supreme Court is scheduled to consider on July 22 the Presidential reference on whether timelines could be imposed by judicial orders for the exercise of discretion by the President while dealing with bills passed by state assemblies. According to the cause list posted on the apex court website, a bench comprising Chief Justice of India BR Gavai and Justices Surya Kant, Vikram Nath, PS Narasimha and Atul S Chandurkar will be hearing the matter. In May, President Droupadi Murmu exercised her powers under Article 143(1) and posed 14 crucial questions to the Supreme Court over its April 8 verdict that fixed timelines for governors and the President to act on bills passed by state assemblies. Article 143 (1) of the Constitution deals with the power of President to consult the Supreme Court "if at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public ...

JSW Steel expansion plan on track despite SC order on BPSL: Jayant Acharya

JSW Group on Friday said its expansion plan will not be impacted by the Supreme Court order to set aside the acquisition of Bhushan Steel and Power Ltd (BSPL) through the insolvency process. JSW Steel Joint MD and CEO Jayant Acharya, in an earnings call, said that BPSL was not part of the brownfield expansion that the steel company took into account while setting the 50 million tonnes capacity target by 2030-31. "In our 50 MT tonne outlook (expansion) that we have given up to 2030-31, BPSL was not part of the brownfield expansion that which we have taken into account. So therefore, it will not impact our target which we have given," Acharya said, in an earnings call, said while replying to a question if the acquisition of BPSL asset going into legalities will affect JSW Steel's expansion plans. He also said that the company has filed a review in Supreme Court for BPSL case and believes there is a strong ground for the same. "For that 0.5 MnT (expansion) we will take a view. That is

Supreme Court takes over PILs seeking ban on opinion trading platforms

The Supreme Court on Thursday transferred from high courts to itself, four PILs seeking a ban on opinion trading platforms for allegedly promoting illegal betting and gambling activities. A bench comprising Justices J B Pardiwala and R Mahadevan passed the order in a transfer petition of Probo Media Technologies Pvt Ltd, a firm which operates one such opinion trading platform. The bench, in its order, noted the factual position with regard to petitions pending in different high courts. Senior advocate Abhishek M Singhvi, appearing for the petitioner, said there were two petitions in the nature of PIL pending before the Bombay High Court. He said the third PIL is pending before the Gujarat High Court and the fourth before the Chhattisgarh High Court. Singhvi said the PILs from other high courts could be transferred to the Bombay High Court. Rejecting the submission, the bench said, All these four PILs should be heard by this court...we direct the High Court of Bombay, High Court o