Page 99 - Supreme Court

SC junks WB plea against arbitral award in favour of Mauritius-based firm

Observing "citizens cannot be taken for a ride", the Supreme Court on Monday refused to entertain an appeal of the West Bengal government against an arbitral award that asked it to pay a Mauritius-based company towards promised tax incentives. A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar upheld the July 12 order of the Calcutta High Court that refused to stay the arbitral award asking the state government to deposit Rs 2,063 crore approximately in favour of Essex Development Investments (Mauritius) Limited. The dispute pertained to the payment of assured tax incentive to Essex which had purchased West Bengal government's shares in Haldia Petrochemicals Ltd (HPL) as per a share purchase agreement (SPA). The bench was hearing the appeal of the state government and the West Bengal Industrial Development Corporation Limited (WBIDC) against the high court judgement dated September 18, 2023. The citizens cannot be taken for a ride. Here is a private ..

Menstrual hygiene policy for school students framed, approved: Centre to SC

The Centre on Monday informed the Supreme Court of framing the "Menstrual Hygiene Policy for School Going Girls" approved by the Union Health Ministry. The Centre referred to a top court order of April 10, 2023, and said the Union Ministry of the Health and Family Welfare framed the policy over menstrual hygiene of female school children which was approved by the minister concerned on November 2, 2024. The top court was hearing a PIL filed by Congress leader and social activist Jaya Thakur seeking directions to the Centre and states to provide free sanitary pads to female students between Classes 6 and 12 and ensure separate female toilet facilities in all government, government-aided and residential schools. "This policy aims to mainstream menstrual hygiene within the school system of the government to bolster change in knowledge, attitudes, and behaviours, among schoolgirls, overcoming the barriers of low awareness that often restrict their freedom, mobility and participation in .

SC rejects bail plea of Prajwal Revanna booked for rape, sexual assault

The Supreme Court on Monday denied bail to former JD(S) MP Prajwal Revanna, accused of rape and sexual assault. Rejecting the plea, a bench of Justices Bela M Trivedi and Satish Chandra Sharma observed Revanna was a "very influential person". Senior advocate Mukul Rohatgi, representing the politician, argued that the chargesheet had been filed in the case without the charge of Section 376 (rape) of the IPC. The bench, however, observed it could not interfere with the Karnataka High Court's October 21 decision denying him bail. Subsequently, Rohatgi sought the liberty to approach the court after six months. The bench said it could not say anything about it and dismissed the plea. In August, a special investigation team (SIT) in Karnataka which is probing four cases of sexual assault and harassment against Revanna submitted a 2,144-page chargesheet. The chargesheet pertains to an alleged rape case against the former MLA. Revanna is the son of Holenarasipura JD(S) MLA H D Revanna

Watch: Justice Sanjiv Khanna takes oath as 51st Chief Justice of India

Justice Sanjiv Khanna took oath as the 51st Chief Justice of India at Rashtrapati Bhavan in the presence of President Droupadi Murmu, PM Narendra Modi and other dignitaries.

SC raps Delhi police for lax cracker ban, orders special cell formation

Calling it a mere "eyewash", the Supreme Court came down heavily on the Delhi police for failing to comprehensively implement the firecracker ban in the national capital and only seizing raw materials. A bench of Justices Abhay S Oka and Augustine George Masih therefore directed the Delhi police commissioner to immediately inform all the stakeholders concerned about the ban order and ensure no sale and manufacture of crackers. "We direct Delhi police commissioner to form a special cell to ensure effective implementation of the ban on fire crackers. We direct Delhi police commissioner to file a personal affidavit putting on record the steps taken by them to enforce ban," it said. The top court wondered why the Delhi government delayed imposition of the ban on fire crackers till October 14, when the order of ban was issued. "The right to live in a pollution-free atmosphere is a fundamental right under Article 21 of the Constitution. Prima facie, we are of the view that no religion ..

SC rejects bail plea of Ex-MP Prajwal Revanna in rape and assault case

The Supreme Court on Monday dismissed a bail plea of former JD(S) MP Prajwal Revanna, who faces charges of rape and sexual assault. A bench of Justices Dela M Trivedi and Satish Chandra Sharma rejected the plea and observed that Revanna is a very influential person. Appearing for Revanna, senior advocate Mukul Rohatgi said that a charge sheet has been filed in the case and section 376 of the IPC was not there in the initial complaint. The bench said it could not interfere with the Karnataka High Court's October 21 decision denying him bail. Rohatgi sought the liberty to approach the court after six months. The bench, however, said it could not say anything about that and dismissed his plea. In August, a Special Investigation Team (SIT) of Karnataka which is probing four cases of sexual assault and harassment against Revanna submitted a 2,144-page charge sheet. The charge sheet relates to a case in which the former MLA is accused of raping a woman, who worked as a domestic help fo

SC rejects ex-Karnataka MP Revanna's bail application in rape case

The Karnataka High Court had in October denied Revanna's request for bail; he is facing multiple accusations of repeated sexual assault and intimidation against him

No religion supports pollution or compromises public health, says SC

The Supreme Court stated that no religion supports actions harming public health and urged states to report pollution control efforts

Kharge congratulates Justice Sanjiv Khanna on being sworn in as new CJI

Congress president Mallikarjun Kharge on Monday extended best wishes to Justice Sanjiv Khanna after he was sworn-in as the 51st Chief Justice of India, and noted that the position would place a lot of weight on his shoulders due to the extensive scrutiny and expectations that the office brings with it. Kharge exuded confidence that Khanna would be able to bear the weight of this responsibility and serve the Judiciary with distinction. In a post on X, the Congress chief said, "Extending best wishes to Justice Sanjiv Khanna for taking oath as the 51st Chief Justice of India. The position of the Chief Justice of India would undoubtedly place a lot of weight on his shoulders due to the extensive scrutiny and expectations that the office brings with it." "I am sure with his long and distinguished experience, he will be able to bear the weight of this responsibility and serve the Judiciary with distinction," Kharge said. Justice Khanna was on Monday sworn in as the 51st Chief Justice of

Delhi riots case: SC declines activist's bail plea, directs HC to consider

The Supreme Court on Monday refused to entertain the plea of student activist Gulfisha Fatima seeking bail in a case of "larger conspiracy" behind the North East Delhi riots of February 2020, and asked the Delhi High Court to consider her plea on November 25. A bench of Justices Bela M Trivedi and Satish Chandra Sharma noted that she has been in custody for four years and 7 months in the case. The bench said her petition for bail, which is pending before the high court, should be heard on November 25 unless there are some extraordinary circumstances. The top court told senior advocate Kapil Sibal, appearing for Fatima, that the high court has not been hearing her case and the matter is being adjourned on one pretext or another. He said the high court adjourned the matter 24 times as the presiding judge was on leave and six times the matter was adjourned for other reasons. "This is a question of liberty. Her case is being adjourned on one pretext or other. She has been in jail for

Vacancies in company law tribunals hinder insolvency resolutions: SC

The NCLT currently operates with 43 members out of its authorised strength of 63. Legal experts believe that if the NCLT had been at full capacity, Jet Airways might have had a chance at revival

A level playing field: Supreme Court removes asymmetry in PPP contracts

Ensuring a level playing in arbitration is critical, given the rapidly expanding involvement of the private sector in the government's infrastructure programme

Higher education students at madrassas face uncertain future after SC order

After the Supreme Court declared higher education degrees awarded by the Uttar Pradesh Madrasa Board unconstitutional, there is a demand to accommodate the about 25,000 students who are currently pursing these courses in any other recognised university. The state government has also said it will find a way out after considering all the legal aspects of this matter. In an order on November 5, the Supreme Court declared the Kamil and Fazil degrees -- equivalent to graduation and post-graduation degrees -- awarded by the Uttar Pradesh Madrasa Board Board unconstitutional, saying it was in conflict with the University Grants Commission (UGC) Act. Zaman Khan, the General Secretary of the Teachers Association Madaris Arabia Uttar Pradesh, said the court's decision has created a difficult situation for the thousands of current students as the board will not be able to conduct exams for these courses now. "The order of the Supreme Court is supreme. But the government must find some way to

Justice Sanjiv Khanna to be sworn in as the 51st CJI on November 11

Justice Sanjiv Khanna, who has been part of several landmark Supreme Court judgements such as scrapping the electoral bonds scheme and upholding abrogation of Article 370, will be sworn in as the 51st Chief Justice of India on Monday. President Droupadi Murmu will administer the oath of office at Rashtrapati Bhavan in a ceremony scheduled at 10 am. Justice Khanna will succeed Justice DY Chandrachud, who retired on Sunday, and his term will last until May 13, 2025. The Centre officially notified Justice Khanna's appointment on October 24 following Chief Justice Chandrachud's recommendation on October 16. Friday was the last working day of Justice Chandrachud as the CJI and he was given a rousing farewell by judges, lawyers and staff of the apex court and the high courts. Justice Khanna, who served as a Supreme Court judge since January 2019, has been part of several landmark judgements such as upholding the sanctity of EVMs, scrapping the electoral bonds scheme, upholding the ...

Mining tax by states: Tata Steel to file curative petition in Supreme Court

On July 25, a nine-judge Constitution Bench of the Supreme Court ruled that states have the power to levy cess on mining and mineral-use activities. Tata Steel's petition seeks a remedy to this order

TDS applicable on salaries of nuns, priests in govt-aided schools: SC

A top court bench led by outgoing Chief Justice DY Chandrachud ruled that salaries paid from government grants are taxable

SC agrees to hear plea seeking to restrain felling of trees in Delhi

The Supreme Court has agreed to hear a plea seeking to restrain the Delhi government from allowing felling of trees in the national capital without the apex court's permission. The application, which stated that five trees are felled in Delhi every hour, also sought to restrain the Union Ministry of Environment, Forest and Climate Change from permitting diversion of forests in Delhi without the top court's nod. The matter came up for hearing before a bench of Justices A S Oka and A G Masih on Friday. The court asked the Delhi government and others to respond to the application by November 22. The application has also sought the constitution of an expert committee, headed by a retired judge of the SC or the Delhi High Court, to assess the tree protection regimen in the national capital. A report containing its recommendation for the protection and preservation of existing trees and forests in Delhi should be submitted by the committee before the apex court, it said. The application

Even single day's delay in deciding bail affects citizens' rights: SC

Deprecating the practice of courts keeping bail applications pending for years, the Supreme Court has said that even a single day's delay in deciding such matters adversely affects the fundamental rights of citizens. The apex court has time and again emphasised the importance of personal liberty, a bench of Justices B R Gavai and K V Viswanathan said in an order passed on Friday. "It has been observed by this court (that) even a single day('s) delay in deciding the bail application adversely affects the fundamental rights of the citizens," it said. "We do not appreciate the practice of keeping bail application pending for years together," it said. The top court's observation came while hearing a plea filed by a man who said his bail application was pending before the Allahabad High Court since August last year and there was no progress in the matter. The petitioner said the matter was adjourned repeatedly before the high court without any effective hearing. The SC noted that it h

WATCH: CJI Chandrachud bids adieu to Supreme Court on his last working day

In his remarks, CJI Chandrachud reflected on the legacy of the former CJIs who had previously served on the court and expressed confidence in justice Khanna taking over as his successor

SC rules against PSUs unilaterally deciding arbitrators for disputes

PSUs will need to modify their contracts to comply with judgment