Page 7 - Supreme Court

Will take up issue of land allotment for lawyers' chambers with govt: SC

The Supreme Court on Friday said it would take up the issue of allotment of land for lawyers' chambers with the government. The top court was hearing a plea moved by the Supreme Court Bar Association (SCBA) to convert a land measuring 1.33 acres allotted to the top court for the construction of lawyers' chambers. A three-judge bench headed by Chief Justice DY Chandrachud asked SCBA president Vikas Singh as to how can a judicial order be passed to take over the land for allotment of chambers. "Lawyers are part of us.... But can we use our own judicial powers to safeguard our own people? It seems like the Supreme Court is exercising its own judicial powers to meet its own needs.... "We must trust the court to take it up on the administrative side with the government. A signal must not go to the government that we can bulldoze their authority by passing judicial orders," the bench, also comprising justices SK Kaul and PS Narasimha, said. The CJI said the government engages with the t

SBI loan fraud: SC stays HC order permitting pvt firm chairperson to travel

The Supreme Court has stayed a Bombay High Court order permitting Suman Vijay Gupta, the chairperson of a Mumbai-based private company, to travel to the UAE after taking note of a case in which she is accused of defrauding State Bank of India of Rs 3,300 crore. Gupta is the chairperson of Ushdev International Limited (UIL). A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha on Thursday took note of the submissions of Solicitor General Tushar Mehta that the law enforcement agencies have had a bad experience allowing economic offenders and fraudsters to go abroad on personal undertakings as they seldom honour their undertakings come back to face the proceedings here. "She is the chairperson of a company which took a loan of Rs 3,300 crore. The CBI is investigating (the case). After the loan was declared an NPA (non-performing asset), she renounced the citizenship of India and got the citizenship of Dominica," the top law officer said. A look out circular (LOC)

SC stays Bombay HC order permitting UIL Chairperson to travel abroad

Solicitor General Tushar Mehta mentioned the matter for urgent orders before a bench headed by Chief Justice of India D.Y. Chandrachud and comprising Justice P.S. Narasimha

How can Thackeray be reinstated when he resigned before floor test: SC

The Supreme Court wondered on Thursday as to how it can reinstate the Uddhav Thackeray government in Maharashtra when the chief minister had put in his papers even before facing the floor test, after the faction led by him pitched for setting aside the governor's June 2022 order to the CM to take a floor test. The Thackeray faction made vehement submissions before the court urging it to turn back the clock and restore the "status quo ante" (previously existing state of affairs) as it had done in 2016 when it reinstalled Nabam Tuki as the chief minister of Arunachal Pradesh. Senior lawyer Kapil Sibal, representing the Thackeray bloc, urged a five-judge constitution bench headed by Chief Justice D Y Chandrachud to rescind governor B S Koshyari's order for a floor test, a day after the apex court questioned his conduct in calling for a trust vote merely on the ground of differences between Shiv Sena MLAs. The bench took note of the submissions of senior advocate AM Singhvi, also ...

Recognition of CM Eknath Shinde-led faction well reasoned: EC tells SC

The Election Commission of India has told the Supreme Court it passed a "well reasoned" order recognising Maharashtra Chief Minister Eknath Shinde-led faction as the real Shiv Sena and allotting to it the original 'bow and arrow' symbol in its quasi-judicial capacity. The poll panel said it has become a functus officio (a body which has discharged its duty) in the case after the passing of the order. In its affidavit filed on a plea by Uddhav Thackeray challenging its order dated February 17, the Commission said, "It is stated that the answering respondent (EC) had passed the impugned order..in exercise of its quasi-judicial powers provided under paragraph of the Election Symblos (Reservation and Allotment) order, 1968." The poll panel said the apex court in a catena of cases had held where an order passed by a quasi-judicial body is under challenge before an appellate court, such a body need not be arrayed as a party to the appeal. "The answering respondent humbly submits that sin

Discontent in party not sufficient for governor to call for floor test: SC

Calling for a trust vote merely on the ground of differences between MLAs of a ruling party can topple an elected government, the Supreme Court observed on Wednesday, adding the governor of a state cannot lend his office to effectuate a particular result. "It will be a sad spectacle for democracy," a five-judge constitution bench headed by Chief Justice D Y Chandrachud said while taking forward the hearing on the events that unfolded during the June 2022 Maharashtra political crisis triggered by a revolt in the then undivided Shiv Sena by MLAs loyal to Eknath Shinde. The bench made the observations after Solicitor General Tushar Mehta, appearing for the Maharashtra governor, narrated the sequence of events and said there were various materials before the governor including a letter signed by 34 Shiv Sena MLAs, a letter from Independent lawmakers withdrawing support to the Uddhav Thackeray government, and another of the Leader of the Opposition that prompted him to order a trust ...

SC starts hearing on 2017 verdict on guidelines for sr advocate designation

The Supreme Court on Wednesday commenced hearing arguments on whether its 2017 verdict laying down guidelines for itself and high courts governing the exercise of designating lawyers as senior advocates require any tweaking. As soon as the hearing commenced before a bench headed by Justice S K Kaul, a lawyer told the court that a separate petition has been filed against the designation of lawyers as senior advocates and that plea should also be heard simultaneously. Advocate Mathews J Nedumpara told the bench that Chief Justice D Y Chandrachud had on Tuesday said the petition will be listed for March 20. "As and when the matter will come up, if it is listed before us, we will hear it," the bench, also comprising Justices A Amanullah and Aravind Kumar, said, adding the plea was not listed for hearing before it on Wednesday. Nedumpara said the petition has sought abolition of the practice of designating lawyers a 'Senior Advocates'. He alleged that majority of the senior advocates a

Passed 'well-reasoned order', EC tells SC on Shiv Sena symbol row

The Election Commission has told the SC it has passed a "well-reasoned" order, in a quasi-judicial capacity, allotting the name and party symbol of the Shiv Sena to Eknath Shinde faction

Same-sex marriages recognisable under Special Marriage Act: Legal experts

Using gender-neutral words like 'partner', 'spouse' are the key to sanctifying the concept under the 1954 law

Delhi excise scam: SC to hear K Kavitha's plea on ED summons on March 24

The Supreme Court on Wednesday agreed to hear on March 24 a plea by K Kavitha, Bharat Rashtra Samithi leader and daughter of Telangana Chief Minister K Chandrasekhar Rao, seeking protection from arrest and challenging the summons by the Enforcement Directorate in a money laundering case arising out of the alleged Delhi excise policy scam. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha took note of the submissions by Kavitha, who is also a member of legislative council (MLC), and agreed to hear the plea on March 24. On March 11, the 44-year-old BRS leader deposed before the ED to record her statement and was summoned again on March 16 for questioning. "Can a woman be called to the office of the Enforcement Directorate? her lawyer said while seeking an urgent hearing of the plea. It is "completely against the law", the lawyer said. As per official sources, Kavitha, during the nine hours she spent at the ED office last week, was confronted with the stateme

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SC directs CPCB to ensure VRS installation at retail petroleum outlets

The Supreme Court on Tuesday directed the Central Pollution Control Board to ensure all retail petroleum outlets located in different cities having a population of more than 10 lakh and a turnover of over 300 kilolitres a month install Vapour Recovery System (VRS) mechanism within the fresh timeline prescribed by the CPCB. VRS is process which can arrest the release of harmful organic compounds from petroleum products. A bench of Justice Sudhanshu Dhulia and JB Pardiwala, while disposing of a batch of appeals filed by Indian Oil Corporation Ltd and others against an order of the National Green Tribunal, said the VRS mechanism shall be installed within the fresh timeline as prescribed by the CPCB in its June 4, 2021 circular. "The CPCB shall ensure that all the retail petroleum outlets located in different cities having population of more than 10 lakh and having turnover of more than 300 KL/Month shall install the VRS mechanism within the fresh timeline as prescribed in its circular

Bhopal gas tragedy: SC nixes Centre's plea for more compensation to victims

A Constitution Bench said that the sum of Rs 50 crore lying with the RBI shall be utilised by the Union of India to satisfy pending claims

Order assigning cases to benches can only be passed by CJI, says SC

A Supreme Court bench, which was assigned a case by another bench of equal strength has said orders pertaining to placing a case before benches can only be passed by the chief justice of India. A bench of Justices BR Gavai and Vikram Nath, which was assigned a case related to consumer protection by a bench of Justices MR Shah and CT Ravikumar, said, "If the particular bench in a particular situation finds that a matter be placed before another bench, the bench is required to direct the matter to be placed before the chief justice of India for obtaining appropriate orders." The bench led by Justice Gavai, in its order passed on Monday, gave the timeline of the case and said it is a normal practice of this court that a matter follows a judge who was part of a bench that had passed an effective order. "In the present proceedings, the only effective order that has been passed is on September 27, 2021, of issuance of notice," it said, adding that the said order was passed by a bench ...

Court should separate chaff from grain when evidence is partly reliable: SC

The Supreme Court said on Tuesday a court is required to be circumspect, separate the chaff from the grain and seek further corroboration from reliable testimony, direct or circumstantial, in cases where evidence is partly reliable and partly unreliable. The apex court, which acquitted four people convicted and sentenced to life imprisonment in a murder case of 2006, observed that immediate lodging of FIR provides credence to the prosecution's case when the parties involved are at loggerheads. A bench headed by Justice B R Gavai allowed the appeals filed by the accused challenging the November 2014 judgement of the Chhattisgarh High Court which had dismissed their appeals and confirmed the May 2008 verdict of the trial court convicting them and others in the case. The bench, also comprising Justices Vikram Nath and Sanjay Karol, said in the category of "wholly reliable" witness, there is no difficulty for the prosecution to press for conviction on the basis of testimony of such a .

Trial in Lakhimpur Kheri violence case not 'slow paced', says Supreme Court

The Supreme Court on Tuesday said the trial in the 2021 Lakhimpur Kheri violence case, in which Union minister Ajay Kumar Mishra's son Ashish is among those facing prosecution, is not "slow paced" and directed the concerned sessions judge to keep apprising it about the future developments of the trial. The top court observed though it is not monitoring the trial but it is having an "indirect supervision" on it. A bench of Justices Surya Kant and J K Maheshwari said the interim direction contained in its January 25 order, by which it had granted eight-week interim bail to Ashish Mishra in the case, shall continue to operate. Advocate Prashant Bhushan, representing the victim families, told the bench that about 200 prosecution witnesses have to be examined and he is concerned about the "slow pace of the trial". "The trial is not slow paced. We have received three letters from the trial judge," the bench observed, adding it had gone through the contents of the letters received from th

Invoices, cheque payment not sufficient to claim ITC under VAT: SC

Apex court allows tax authorities' appeal against Karnataka High Court judgment

SC agrees to hear Karnataka Lokayukta's plea against bail to BJP MLA

The Supreme Court Tuesday agreed to hear plea of the Karnataka Lokayukta against grant of anticipatory bail by the high court to BJP MLA Madal Virupakshappa, the main accused in the Karnataka Soaps and Detergents (KSDL) contract scam. The plea was initially mentioned for urgent listing before a bench headed by Chief Justice DY Chandrachud, who asked the Lokayukta's counsel to mention the matter before a bench headed by Justice Sanjay Kishan Kaul. When the counsel requested that the matter be listed as earlier as possible, the CJI said since the court of the Chief Justice is hearing a constitution bench matter, it will not be possible for the bench to hear it. CJI Chandrachud said, "You can mention the matter before the bench headed by Justice Sanjay Kishan Kaul. We are hearing a constitution bench matter or else we would have taken it at the end of the board". The counsel said the matter can be taken up at 2 pm. CJI Chandrachud said, "Alright. You mention before Justice Kaul". Th

Bhopal gas tragedy: SC dismisses Centre's plea for additional funds

The Supreme Court on Tuesday dismissed the Centre's curative plea seeking an additional Rs 7,844 crore from the Union Carbide Corporation's (UCC) successor firms to extend higher compensation to the victims of the 1984 Bhopal gas tragedy that killed over 3,000 people and caused environmental damage. A five-judge constitution bench headed by Justice Sanjay Kishan Kaul said there was no rationale by the Centre to rake up the issue two decades after the settlement. The top court said that a sum of Rs 50 crore lying with the RBI for the victims shall be utilised by the Union of India to satisfy pending claims of victims. "We are unsatisfied with the Union of India for not furnishing any rationale for raking up this issue after two decades...We are of the view that curative petitions cannot be entertained," the bench said. The bench also comprising Justices Sanjiv Khanna, Abhay S Oka, Vikram Nath and J K Maheshwar had on January 12 reserved its verdict on the Centre's curative plea. Th

Bhopal Gas Tragedy: SC dismisses Centre's plea for additional compensation

Centre had demanded an additional compensation of Rs 7,400 crore from the successor firms of Union Carbide Corporation (UCC) for the victims of the 1984 Bhopal gas tragedy