Page 91 - Supreme Court

Century Mill land dispute: SC sets aside 2022 Bombay HC verdict against BMC

In a significant judgment, the Supreme Court has overturned a verdict directing the Brihanmumbai Municipal Corporation (BMC) to transfer the title of five acres land in Worli, Mumbai, to Century Textiles and Industries Ltd, now known as Aditya Birla Real Estate Limited. A bench comprising Justices Vikram Nath and Prasanna B Varale passed the judgment on January 7 while ruling in favour of the BMC and dismissing the plea of Century Textiles. Setting aside the Bombay High Court's verdict, the bench held the civic body was neither legally obligated to convey the land nor at fault for not executing the deed. In response to the verdict, a company statement read, "Aditya Birla Real Estate Limited (formerly known as Century Textiles and Industries Limited) is seeking legal advice to take necessary next steps in the matter. Aditya Birla Real Estate wishes to clarify that the said Land bearing is separate and distinct from and not impacting Birla Niyaara project at Worli." The judgement was

A 23-yr-old injustice corrected: SC frees man sentenced to death as a minor

The Supreme Court has freed a man sentenced to death as a minor, acknowledging judicial errors and ordering rehabilitation after 23 years behind bars

SC tells Sebi to review development proposals for Sahara's Versova property

The court directed both the developers to deposit Rs 1,000 crore via a demand draft, saying it will not be encashed until the court takes a final decision in the matter

Clinical trials of medicines often done in poor countries, says SC

Observing clinical trials of medicines and vaccines were often carried out in poor countries, the Supreme Court on Wednesday allowed a petitioner to file submissions and objections to the rules framed by the Centre on the issue. A bench comprising Justices Hrishikesh Roy and S V N Bhatti considered the submissions of Centre's additional solicitor general Archana Pathak Dave who said rules for new drugs and clinical trials were framed in 2019. "We know that the clinical trials are conducted in poor countries," the bench said. Following the rules, Dave said New Drugs and Clinical Trials (Amendment) Rules were notified in 2024 to streamline the approval process for clinical trials and new drugs in India which aimed to improve patient safety protocols and ensure compliance with global standards. Senior advocate Sanjay Parikh, appearing for NGO Swasthya Adhikar Manch, which filed a PIL in 2012 alleging large-scale clinical drug trials across the country by multinational pharmaceutical .

FinMin files review petition in Supreme Court's Safari Retreats case ruling

The move follows the Goods and Services Tax (GST) Council's recommendation last month for a retrospective amendment to the Central Goods and Services Tax (CGST) Act

SC to hear online gaming firms' urgent plea for interim relief on GST

In July 2023, during its 50th meeting, the GST Council categorized online games-both skill-based and chance-based-under the 28 per cent GST slab

Retrospective taxation risks: Supreme Court ruling and its economic fallout

To have an accommodating investment climate, it is important to ensure stable governance

Frame policy on cashless treatment for motor accident victims: SC to Centre

In a landmark verdict, the Supreme Court on Wednesday directed the Centre to formulate a scheme for cashless medical treatment to motor accident victims in the "golden hour" period mandated under law. A bench of Justices Abhay S Oka and Augustine George Masih referred to Section 162(2) of the Motor Vehicles Act, 1988, and ordered the government to provide by March 14 the scheme which could save numerous lives with prompt medical care to accident victims. The golden hour, defined under Section 2(12-A) of the Act, refers to a one-hour window following a traumatic injury under which a timely medical intervention will most likely prevent death. "We, therefore, direct the Central government to make a scheme in terms of sub-section (2) of Section 162 of the MV Act as expeditiously as possible and, in any event, by March 14, 2025. No further time shall be granted, it ordered. A copy of the scheme was directed to be placed on record on or before March 21, along with an affidavit of the ...

Court's opinion vs legislative power, says SC on CEC, ECs selection

It will be court's opinion versus the legislative power to enact law, the Supreme Court on Wednesday said as it posted the pleas challenging the appointment of the chief election commissioner and election commissioners under the 2023 law on February 4. A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan was informed by advocate Prashant Bhushan, representing an NGO, the incumbent Chief Election Commissioner (CEC) Rajiv Kumar was set to superannuate on February 18, and a new CEC would be appointed under the new law, if the court didn't intervene. Bhushan said the top court in its the March 2 2023 verdict set up a panel comprising the Prime Minister, the Leader of Opposition and the CJI to appoint the CEC and election commissioners (EC). "However, under the new law the selection committee will comprise the Prime Minister, a union cabinet minister, the Leader of Opposition or the leader of the largest opposition party in Lok Sabha. They have removed CJI from the selection .

Supreme Court calls out states for freebies while judges face pay delays

The top court noted the contradiction of neglecting judges' salaries, while making large election promises

Vehicles used for ferrying drugs to be confiscated post trial: SC

The Supreme Court on Tuesday held vehicles used for ferrying drugs could only be confiscated after the conclusion of the case's trial when the accused was convicted or acquitted or discharged. A bench comprising Justices Sanjay Karol and Manmohan passed the verdict and said there was no specific bar under the the Narcotic Drugs and Psychotropic Substances (NDPS) Act against the interim release of seized vehicles, provided the owner was not complicit in the offense. "Upon a reading of the NDPS Act, this court is of the view that the seized vehicles can be confiscated," the bench said, "by the trial court only on conclusion of the trial when the accused is convicted or acquitted or discharged." Further, even when the court decides the vehicle should be confiscated, it must give an opportunity to the person to be heard, it said. The seized vehicle, however, was not liable to be confiscated if its owner proved the vehicle was used by the accused person without their knowledge or ...

SC collegium recommends Patna HC CJ K Vinod Chandran as top court judge

The Supreme Court collegium on Tuesday recommended Patna High Court Chief Justice K Vinod Chandran to be appointed as a judge of the apex court. The five-judge collegium led by Chief Justice of India Sanjiv Khanna in a meeting held on Tuesday recommended the name of Justice Chandran, who was appointed as a judge of the Kerala High Court on November 8, 2011. Justice Chandran was elevated as the Patna High Court Chief Justice and has been serving the position since March 29, 2023. Given the Centre clears the recommendation, the Supreme Court judges' strength will rise to 33 compared to the sanctioned strength of 34 judges. Supreme Court judge Justice C T Ravikumar demitted office on January 3. "He has served as a judge of the high court for more than 11 years and as a chief justice of a big high court for more than a year. During his long tenure as a judge and chief justice of the high court, Justice Chandran has acquired significant experience in diverse fields of law," said the ..

Same-sex marriage: 5-judge SC bench to consider review pleas on January 9

A five-judge bench of the Supreme Court will on January 9 consider the pleas seeking review of its October 2023 verdict declining legal sanction to same-sex marriage. A bench comprising Justices B R Gavai, Surya Kant, B V Nagarathna, P S Narasimha and Justice Dipankar Datta will take up about 13 petitions related to the matter in chambers. According to practice, the review pleas are considered in chambers by judges. The top court had refused to allow an open-court hearing on the review pleas. The new bench was constituted after Justice Sanjiv Khanna, the present CJI, recused from hearing the review petitions on July 10, 2024. Notably, Justice P S Narasimha is the only member of the original Constitution bench comprising five judges which delivered the verdict, as former CJI D Y Chandrachud and Justices S K Kaul, Ravindra Bhat, and Hima Kohli have retired. According to the Supreme Court's causelist, the review petitions would be considered at around 1.55 pm on January 9. A five-j

SC refuses to hear BPSC paper leak row plea, asks petitioner to approach HC

A three-judge bench, led by Chief Justice of India Sanjiv Khanna, stated that the Supreme Court could not be the first forum for every issue and emphasised the importance of approaching the high court

Controversial godman Asaram gets interim bail in 2013 rape case

The Supreme Court on Tuesday granted bail to interim bail to self-styled godman Asaram on medical grounds till March 31 in 2013 rape case

SC to hear pleas against invalidation of Bengal teacher positions on Jan 15

The Supreme Court will hear pleas challenging a Calcutta High Court order invalidating the appointment of 25,753 teachers and non-teaching staff in government and aided schools in West Bengal on January 15. A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan said at the outset on Tuesday that there are two options before it -- either a three-judge bench re-hears the case all over again or it be listed it before a two-judge bench that began hearing final arguments on December 19, the last date of hearing. Taking note of the submissions of lawyers, the CJI said the matter will be heard by a two-judge bench comprising him and Justice Kumar at 2 pm on January 15. There are 124 petitions, including the one filed by the state government, pending in the top court. The bench had earlier issued a slew of procedural directions and appointed four lawyers as nodal counsel while asking them to file a common compilation in electronic form after getting ..

Amazon, Flipkart pleas against CCI probe order transferred to Karnataka HC

A single-judge bench of the Karnataka High Court is likely to hear the case on January 15

Don't allow foreigners to leave India, if required in a criminal case: SC

The Supreme Court on Monday said a foreigner should not be allowed to leave India if required to answer a criminal charge. A bench of Justices Abhay S Oka and Ujjal Bhyuan said while granting bail to a foreign national, the court should issue a direction to the state or the prosecuting agency, to immediately inform about its order to the registration officer concerned under the Registration of Foreigners Rules, 1992. "When a foreigner's presence is required in India to answer a criminal charge, permission to leave India must be refused. Under the Order (1948 order), the civil authority can impose restrictions on the movements of a foreigner," the bench said. The bench said the registration officer should then communicate the bail order to all relevant agencies, including the civil authority. The apex court's order came in a case where it had decided two main issues concerning bail conditions imposed on a Nigerian national in a drugs case in July, 2024. The top court had held the b

SC panel meets farmer leader Dallewal amid hunger strike, seeks medical aid

After the Punjab government informed the Supreme Court about a scheduled meeting with septuagenarian farmer leader Jagjit Singh Dallewal, a SC-appointed panel met him at around 3.30 pm on Monday. A bench of Justices Surya Kant and N Kotiswar Singh was informed by senior advocate Kapil Sibal, representing the Punjab government, that the protesting farmers had been persuaded to meet Justice (retd) Nawab Singh, who chairs the apex court-appointed committee. "Some of us have been able to persuade those people under protest to meet Justice (retd) Nawab Singh led committee today at 3 pm. We are hopeful that there will be a breakthrough. Kindly take it up after a couple of days," Sibal said. On hearing this, the bench said, "Let us hope and pray that better sense prevails on everyone." The apex court asked Sibal to prepare a brief note of the deliberations and posted the hearing on January 10. Solicitor general Tushar Mehta, representing the Centre, said the committee would file a brief

Nithari case: SC to hear pleas against acquittal of Surendra Koli on Mar 25

The Supreme Court on Monday said it would on March 25 hear a batch of pleas against the acquittal of Surendra Koli in the 2006 Nithari serial killings case. A bench of Justices B R Gavai and Augustine George Masih was informed by solicitor general Tushar Mehta that the case was over the "very serious and gruesome" killings in Nithari, UP. Koli's counsel said the evidence against his client was a confessional statement, recorded several days after his police custody in the case. The bench directed its registry to summon the trial court records in other connected matters expeditiously and supply its copies to the lawyers appearing in the matter. The hearing was posted on March 25. In 2024, the apex court agreed to examine separate pleas filed by the CBI and the UP government challenging the Allahabad High Court's decision acquitting Koli on October 16, 2023. The bench had sought a response from Koli on the petitions and tagged it with similar pending pleas. The top court in May, 2