Page 60 - Supreme Court

Trial court lawyers must be considered for senior designation by HCs: SC

Observing senior designation couldn't be a monopoly of selected few, the Supreme Court on Tuesday said lawyers practising in subordinate judiciary and other fora must be considered for designation as senior advocates. A bench of Justices Abhay S Oka, Ujjal Bhuyan and S V N Bhatti said the process of designation must be objectively fair and guided and there is a need to have at least one exercise of designation conducted every year. "When we talk of diversity, we must ensure that the high courts evolve a mechanism by which the members of the bar practising in our trial and district judiciary and before specialised tribunals are considered for designation as their role is no inferior to the role played by advocates practising before this court and high courts. This is also an essential part of diversity," it said. The top court noted the high courts could always call for the views of the principal district judges or the heads of tribunals on such applicants. "Moreover, when the cases

Won't take up any official post after retirement from CJI post: Khanna

Chief Justice of India Sanjiv Khanna on Tuesday said though he wasn't going to accept any post-retirement official assignments, he would continue his innings in law. Justice Khanna, who was elevated to the top court in January 18, 2029, was appointed as the CJI on November 11, 2024 and would be demitting office on Tuesday. After the conclusion of the ceremonial bench proceedings, the CJI met journalists in the apex court premises and said, I will not accept any post-retirement post ... .perhaps will do something with law. Many former apex court judges begin their innings in arbitration post judgeship. I will have a third innings and will do something related to law, the CJI said. Responding to a query related to the cash discovery controversy involving high court judge Justice Yashwant Vermam, he said, Judicial thinking has to be decisive and adjudicatory. He added, We see plus and minus points and decide the issue, then rationally we weigh various factors that help us to make a

SC dismayed over misuse of dowry, cruelty provisions against husband's kin

The Supreme Court on Tuesday expressed dismay over the misuse of dowry harassment and cruelty provisions by wives against the kin of husbands including elderly parents in matrimonial cases. A bench comprising Justices B V Nagarathna and Satish Chandra Sharma said, "The term cruelty is subject to rather cruel misuse by the parties, and cannot be established simpliciter without specific instances, to say the least. The tendency of roping these sections, without mentioning any specific dates, time or incident, weakens the case of the prosecutions, and casts serious suspicion on the viability of the version of a complainant." The verdict, authored by Justice Sharma, came on an appeal against a Allahabad High Court order convicting the man. The top court acquitted him of offences under Section 498A (cruelty) of IPC and Section 4 of the Dowry Prohibition Act, 1961. Notwithstanding the merits of the case, we are distressed with the manner, the offences under Section 498A IPC, and Sections

Justice BR Gavai to take oath as 52nd CJI on May 14 | Supreme Court | Chief Justice of India

Justice Bhushan Ramkrishna Gavai will be sworn in as the 52nd Chief Justice of India on May 14. Watch the video to know all about him.

SC issues new rules for senior advocate designation, scraps marking system

Supreme Court scraps marking system for senior advocate designation directs high courts to amend rules in four months and mandates full court decision with voting if no consensus

Order blocking YouTube channel '4PM' withdrawn: Centre informs SC

The Supreme Court was on Tuesday informed that an order blocking YouTube channel "4PM", which has a subscriber base of 73 lakh, was withdrawn. "They have withdrawn the blocking order," senior advocate Kapil Sibal, appearing for the petitioner, informed a bench of Justices B R Gavai and Augustine George Masih. The apex court was hearing a plea filed by Sanjay Sharma, who is the editor of digital news platform 4PM, seeking quashing of an order blocking the channel. The plea claimed the blocking was effected by the intermediary pursuant to an undisclosed direction allegedly issued by the Centre citing vague grounds of "national security" and "public order". Sibal requested the bench that the plea be tagged with separate pending petitions which have challenged Rule 16 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009. He said Sharma's petition also sought quashing of Rule 16 of the 2009 Rules. Rule 16 says strict ...

Implement cashless scheme for accident victims in true spirit: SC to Centre

The Supreme Court on Tuesday directed the Centre to implement "in true letter and spirit" cashless treatment scheme for road accident victims, who would be entitled to a maximum amount of Rs 1.5 lakh per accident per person. A bench of Justices Abhay S Oka and Ujjal Bhuyan directed the Centre to file an affidavit by end of August 2025 setting out the implementation of the scheme giving details such as the number of beneficiaries who received cashless treatment under the scheme. "We direct the central government ensure that the scheme is implemented in its true letter and spirit," the bench said. The Centre informed the top court about framing the scheme, which came into effect May 5. According to a gazette notification issued by the Ministry of Road Transport and Highways, "any person being a victim of a road accident arising out of the use of a motor vehicle, occurring on any road, shall be entitled to cashless treatment in accordance with the provisions of this scheme". The top

BPSL case: JSW Steel likely to cite NCLT 2019 order in SC review plea

JSW Steel and lenders will move the Supreme Court after its verdict struck down the BPSL resolution plan, citing lack of Form H and equity infusion in the structure

Datanomics: SC judges favour safe financial bets, ministers chase risks

SC judges disclose majority of financial assets in bank deposits and provident funds, contrasting sharply with ministers' high exposure to stocks and mutual funds

Supreme Court seeks Centre's reply on special courts for swift trials

Saying it was imperative on the Centre and states to establish courts for the speedy trial of cases under special laws, the Supreme Court has sought their stand in two weeks. A bench of Justices Surya Kant and N Kotiswar Singh was acting on the bail plea of a Naxal sympathiser from Gadchiroli in Maharashtra. He was booked after 15 policemen of a quick response team were killed in a blast in the state. "Additional solicitor general of India has referred to the affidavit filed by respondent 2 - National Investigation Agency. We are, however, of the view that when trials are to take place under special laws, it is imperative on the Union or States to establish specialised courts with adequate infrastructure for ensuring speedy trial, for achieving the legislative object of the statute," the bench said in its order of May 9. ASG Rajkumar Bhaskar Thakre was, therefore, granted two weeks to obtain instructions on the matter as the bench posted the hearing on May 23. The top court asked t

SC asks CEC to examine plea alleging embankment on Yamuna for mining

The Supreme Court has asked the Central Empowered Committee (CEC) to examine the issues raised in a plea which alleged that an embankment was put on River Yamuna near the Kalesar Wildlife Sanctuary in Haryana to facilitate mining activity. The CEC was constituted in terms of the top court's May 2002 order for monitoring of implementation of the court's directives, including in respect of encroachment removals, implementation of working plans, compensatory afforestation, plantations and other conservation issues. The matter came up for hearing before a bench of Justices B R Gavai and Augustine George Masih. Advocate Gaurav Kumar Bansal, appearing for the applicant, told the bench that an embankment was put on the river near the wildlife sanctuary, as a result of which the flow of river was diverted from Haryana to Uttar Pradesh. He claimed this was done in order to facilitate rampant mining activity. "We, therefore, find that it would be appropriate that the Central Empowered Commi

Constitution is supreme, not Parliament or judiciary: CJI-designate Gavai

Justice Bhushan Ramkrishna Gavai, who is set to become the first Buddhist Chief Justice of India on May 14, on Sunday said no to any post-retirement assignment and put to rest the debate on whether Parliament or judiciary is superior by asserting the Constitution is supreme. In an informal chat with journalists at his residence here, Justice Gavai said that the top court judges were shocked to hear about the Pahalgam terror attack and referred to the full court meeting convened by him as CJI Sanjiv Khanna was away. When the country is in crisis, the Supreme Court cannot remain aloof. We are also part of the nation, he said while touching upon issues ranging from pendency of cases to vacancies in courts, judges meeting commoners including politicians and the statements against the judiciary. Responding to queries about statements of politicians and Vice President Jagdeep Dhankhar that Parliament is supreme, he said, The Constitution is supreme. This has been held in the 13-judge benc

Plea in SC opposes trademark registration of 'Operation Sindoor' name

A plea has been filed in the Supreme Court seeking a direction to the authorities not to allow registration of trademark under the name "Operation Sindoor", saying it should not be allowed to be misused for commercial exploitation. In retaliation for the Pahalgam terror attack, the Indian armed forces carried out missile strikes early Wednesday on nine terror targets in Pakistan and Pakistan-occupied Kashmir, including the Jaish-e-Mohammad stronghold of Bahawalpur and Lashkar-e-Taiba's base Muridke. The military strikes were carried out under "Operation Sindoor" two weeks after the massacre of 26 civilians in Jammu and Kashmir's Pahalgam. The plea, filed in the apex court by one Dev Ashish Dubey, said that five persons have filed applications under Class 41, which covers services like education and entertainment, for registration of trademark under the name and style "Operation Sindoor" with respective trademark registry. "Therefore, the 'Operation Sindoor' involves the emotions of

Justice Surya Kant named executive chairman of Nalsa by Prez Murmu

President Droupadi Murmu has nominated Supreme Court judge Surya Kant as the executive chairman of the National Legal Services Authority (NALSA). "As executive chairman, Justice Surya Kant will lead NALSA's mission to provide accessible and free legal aid to all citizens, particularly those from marginalized and economically weaker sections of society pan-India," NALSA said in a press release. It said the nomination was made by the President and a notification was published by the Ministry of Law and Justice on May 9. "Justice B R Gavai, judge, Supreme Court of India, was the previous executive chairman of NALSA. As per convention, the post is occupied by the second senior-most judge of the Supreme Court of India," it said. Justice Gavai is set to be sworn in as the 52nd CJI on May 14. Justice Surya Kant is currently the chairman of the Supreme Court Legal Services Committee. The NALSA said prior to his nomination as the executive chairman, Justice Surya Kant has played a signifi

Ex-promoter of Bhushan Power moves NCLT to enforce SC's liquidation order

Top court has rejected JSW Steel's resolution plan to acquire Bhushan Power and Steel four years after takeover was completed

CJI Khanna sends report on Justice Varma to President Murmu, PM Modi

The in-house procedure of inquiry has been developed by the Supreme Court to probe into complaints of alleged misbehaviour against judges of the higher judiciary

Supreme Court upholds decision to keep DND flyway toll free for all

The Supreme Court on Friday refused to review its decision upholding that Delhi-Noida-Direct (DND) flyway would remain toll free in a respite to lakhs of daily commuters. A bench of Justices Surya Kant and N Kotiswar Singh dismissed the plea seeking review of the December 20, 2024 verdict on a plea of Noida Toll Bridge Company Ltd (NTBCL), a private firm running the Delhi-Noida-Direct (DND) flyway. The firm referred to the CAG report relied upon by the apex court and said it had some positive remarks on the company, which the order did not reflect. The bench told the company's counsel that it had "minted a lot of money". The top court, however, while referring to another plea of senior NTBCL official Pradeep Puri for deletion of personal remarks against him reportedly made in the verdict on the basis of CAG's findings, said it would reproduce the report. Puri's counsel said CAG did not make any personal comments against him and the paragraph in the verdict, as a result, could be .

'Don't lower their morale in current situation': SC on women Army officers

The Supreme Court on Friday asked the Centre not to release from service Short Service Commission women Army officers challenging the denial of permanent commission to them asking not to "bring their morale down" in "the prevailing situation". A bench of Justices Surya Kant and N Kotiswar Singh which posted a batch of pleas filed by 69 officers for hearing in August, said they should not be released till the next hearing. "In the prevailing situation let's not bring their morale down. They are brilliant officers, you can use their services somewhere else. This is not the time that they be asked to roam around in the Supreme Court. They have a better place to be and serve the country," Justice Kant said. Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said it was an administrative decision based on a policy to keep the armed forces young. She urged the top court not to grant any stay on their release and said the Indian Army needed young officers and every ye

Supreme Court rules in favour of Wikipedia, scraps ANI page takedown order

The Supreme Court ruled that courts cannot direct media takedowns without proving real harm, as it overturned Delhi High Court's order against Wikipedia

SC's Bhushan Power and Steel ruling: Review petition may flag 'errors'

According to a source aware of the developments, it appears that the court did not consider infusion of money by JSW in the form of compulsory convertible debenture towards equity infusion