Page 8 - Supreme Court

Same-sex marriage in India: What did Supreme Court say in the case?

The three-member bench headed by CJI DY Chandrachud said that the issue was 'very seminal' and must be decided by a Constitution bench

Bhopal gas tragedy: SC verdict on Centre's plea for more funds on Mar 14

The Supreme Court is scheduled to pronounce its verdict on Tuesday on the Centre's curative plea seeking an additional Rs 7,844 crore from Union Carbide Corporation's 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 will pronounce the verdict. The bench, also comprising Justice Sanjiv Khanna, Justice Abhay S Oka, Justice Vikram Nath and Justice J K Maheshwar, had on January 12 reserved its verdict on the Centre's curative plea. On January 12, the successor firms of UCC told the top court that the depreciation of the rupee since 1989, when a settlement was arrived at between the company and the Centre, cannot be a ground to now seek a "top-up" of compensation for the victims of the Bhopal gas tragedy. The firms had told the top court that the Government of India never suggested at the time of the settlement that

RCap insolvency: SC agrees to hear Torrent plea against NCLAT order

Hearing on March 20; second round of auction of RCap auctions allowed by NCLAT stand deferred, say lawyers

5-judge Constitution Bench to decide legal validation of same-sex marriage

The Supreme Court on Monday referred the pleas seeking legal validation of same-sex marriages to a five-judge constitution bench for adjudication, saying the issue is of "seminal importance". A bench headed by Chief Justice D Y Chandrachud said the submissions on the issue involve an interplay between constitutional rights on the one hand and special legislative enactments, including the Special Marriage Act, on the other. "We are of the considered view that it would be appropriate if the issues raised are resolved by a bench of five judges with due regard to Article 145 (3) of the Constitution. Thus, we direct the matter be placed before a five-judge Constitution bench," said the bench, also comprising Justices PS Narasimha and JB Pardiwala. The court posted the matter for arguments on April 18 and said the proceedings will be live-streamed as is done in case of hearings before the constitution benches. Appearing for the Centre, Solicitor General Tushar Mehta, urged the court to

SC asks authorities to remove mosque from Allahabad HC complex in 3 months

The Supreme Court on Monday directed authorities to remove a mosque from the premises of the Allahabad High Court within three months, telling the petitioners opposing the demolition that the structure stood on a terminated lease property and they can't claim it as a matter of right to continue. The petitioners, Waqf Masjid High Court and UP Sunni Central Waqf Board, had challenged a November 2017 Allahabad High Court order, which had given them three months to move the mosque out of the premises. The top court dismissed their plea on Monday. A bench of Justices MR Shah and CT Ravikumar, however, allowed the petitioners to make a representation to the UP government for allotment of land nearby for the mosque. It told the petitioners that the land was a lease property, which was terminated, and they can't claim it as a matter of right to continue. "We further grant three months time to demolish the construction in question by the petitioners and if the construction is not removed .

SC to hear Torrent plea against NCLAT allowing 2nd RCap auction on March 20

The second-round auction, scheduled for March 20, will not take place now, further delaying the resolution process of RCAP

Same-sex marriage not in sync with Indian societal morality, ethos: Govt

The central government has told the Supreme Court that living together as partners and having sexual relationship by same sex individuals

Torrent Group to appeal against NCLAT order in Reliance Cap matter in SC

The initial bidding process ended on December 21, 2022 and Torrent Investments was found to be the highest bidder with Rs 8,640 crore

Pandemic forced judiciary to adopt modern methods to impart justice: CJI

Chief Justice of India DY Chandrachud said on Friday the COVID-19 pandemic forced the judicial system to adopt modern methods to impart justice and the goal now must be to evolve judicial institutions and not wait for another pandemic to take active decisions. Speaking at the 18th meeting of the chief justices of the Supreme Courts of the Shanghai Cooperation Organisation (SCO) member states, Chandrachud highlighted the steps taken by the Indian judiciary with the onset of the pandemic. He said since the pandemic, the district courts in India heard 16.5 million cases, the high courts 7.58 million cases, while the Supreme Court heard 3,79,954 cases through video-conference. "In conclusion, the pandemic forced the judicial system to adopt modern methods to impart justice. But our goal must lie in evolving our judicial institutions as a matter of principle, and not wait for another pandemic to take active decisions," the CJI said at a joint interactive session. The Supreme Court and t

Appointment delayed for lack of I-T returns, SC relief for ITAT members

The Supreme Court has allowed a member of the Income Tax Appellate Tribunal (ITAT) to continue in the post till the age of 62 years as per the provisions of the Income Tax Act, 1961

Top headlines: FMCG demand up in Feb, Torrent moves SC against NCLAT order

Business Standard brings you the top headlines at this hour

Free and fair

Law must establish Election Commission's independence

Torrent moves SC against NCLAT order on auction of Reliance Capital assets

The lenders' of RCap have decided to hold the second round of e-auction, following the NCLAT order, on March 20

Judiciary must be allowed to interpret Constitution, says SC judge Kohli

The judiciary must be allowed to interpret the Constitution and its independence is not just a legal principle but fundamental pillar of a vibrant democracy, Justice Hima Kohli of the Supreme Court has said. "It is imperative that all three pillars (legislature, executive and judiciary) of the State work in parallel and not in tandem, at arm's length and not hand in hand, to give strength to the democratic system. "This itself will preserve the independence of the judiciary and protect its autonomy and impartiality. It is equally essential to recognise the judiciary's role in the constitutional dialogue as it acts like a safety valve for fostering our democratic values," Justice Kohli said. She was speaking on the subject of "Independent Judiciary: Critical for a Vibrant Democracy" at a function organised by FICCI in collaboration with Bharat Chamber of Commerce and the Indian Council of Arbitration in Kolkata on Saturday. "Independence of the judiciary is not just a legal principl

Regulatory independence

Courts should not worry about financial market volatility

Delhi govt calls LG mini-dictator after he returns file on teacher training

Delhi government on Saturday claimed that LG V K Saxena has returned the file on Finland teacher training programme in "flagrant violation" of the Constitution and SC orders, and described him as a "mini-dictator". The lieutenant governor has given in-principle approval to the city government's proposal to send primary teachers of state-run schools to Finland for training but with certain conditions, officials said on Saturday. Saxena, in his approval, said he was okaying the proposal in the "interest of facilitating an executive decision flawed that it may be, rather than joining issues to enable anarchic disruption". He also noted that there was refusal by the Arvind Kejriwal government to bring on record the "impact assessment of the foreign training programmes conducted in the past". Hitting out at the LG, the Delhi government, in a statement, alleged that he returned the proposal after sitting on it for four months and ensuring that it became infructuous since the trainings w

SC issues notice on TN govt's plea against Madras HC order on Gutka ban

The Supreme Court has sought a response to a plea challenging an order of the Madras High Court quashing a May 2018 notification prohibiting the sale, manufacture and transport of gutkha and other tobacco-based products. A bench of justices KM Joseph and BV Nagarathna issued notice to Food Safety Commissioner, Jayavilas Tobacco Traders and others on a plea filed by the Tamil Nadu government. "Issue notice in the special leave petition. Issue notice in the prayer for interim relief also" the bench said. Additional Advocate General Amit Anand Tiwari, appearing for the state, argued that orders of the Food Safety Commissioner banning the sale, storage, manufacture, etc. of gutkha and other tobacco products are backed by Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011. The high court had set aside a notification issued by the Food Safety Commissioner on May 23, 2018, banning the manufacture, storage, transport, distribution and

EPFO link programmed to deny benefits of SC order on higher pension: Union

The letter also highlighted "practical problems" being faced by the pensioners who are opting for higher pension options and said that the commissioner should take immediate action

SC issues notices on pleas against HC order on YES Bank's AT1 bonds

The Supreme Court on Friday issued notices to Axis Trustee Services Ltd on a batch of appeals filed by the Reserve Bank of India (RBI) and others challenging a Bombay High Court order quashing a decision of the Yes Bank Administrator to write off Additional Tier 1 (AT-1) bonds. The top court also extended the stay on the operation of the Bombay High Court order quashing the decision of the Yes Bank Administrator to write off AT-1 bond worth Rs 8,415 crore as part of the bailout in March 2020. A bench headed by Chief Justice D Y Chandrachud, however, assured the AT-1 bond investors that it would try to find out some kind of solution to the financial trouble being faced by them after senior advocate Mukul Rohatgi, appearing for Axis Trustee Services Ltd, said the invested money has become zero for no fault of theirs. It was the top officials of the bank who brought down the bank. Their men are in jail. Our money has become zero... we are not Tata-Birla. We are institutional investors.

SC dismisses Mallya's plea against bid to declare him fugitive offender

The Supreme Court Friday dismissed a plea by beleaguered businessman Vijay Mallya challenging the proceedings in a Mumbai court to declare him a fugitive economic offender and confiscate his properties. The apex court dismissed the petition for non-prosecution after the counsel representing Mallya submitted that he was not getting any instructions from the petitioner in the matter. The counsel for petitioner states that the petitioner is not giving any instructions to the advocate for the petitioner. In view of this statement, the petition is dismissed for non-prosecution, a bench of Justices Abhay S Oka and Rajesh Bindal said. The top court, which had on December 7, 2018 issued notice to the Enforcement Directorate (ED) on Mallya's plea, had refused to stay the proceedings on the probe agency's plea before a special Prevention of Money Laundering Act (PMLA) court at Mumbai seeking the fugitive' tag for him under the Fugitive Economic Offenders' Act, 2018. On January 5, 2019, the .