Page 2 - Supreme Court

GST on betting: Indian gaming industry faces tax demands by Feb 2025

While some firms have already received tax demands, gaming industry bodies are lobbying to prevent aggressive enforcement actions until the Supreme Court resolves the matter

SC grants time to Yasin Malik, 5 others in cases to respond to CBI plea

The Supreme Court on Wednesday gave banned JKLF chief Yasin Malik and five others two weeks to respond to the CBI's plea to transfer the trial in two terror cases from Jammu to New Delhi. One case relates to the killing of four Indian Air Force personnel on January 25, 1990 in a shootout in Srinagar, the other to the abduction of Rubaiya Sayeed, then Union Home minister Mufti Mohammed Sayeed's daughter, on December 8, 1989. On Wednesday, a bench of Justices Abhay S Oka and Manmohan took note of the fact that six accused have not filed their replies to the Central Bureau of Investigation's plea and asked them to do the needful in two weeks. It listed the case for further hearing on January 20, 2025. If trial is to be transferred then all accused have to be heard, said the bench. The bench was apprised that one accused Mohammed Rafiq Pahloo has passed away and the trial against him would abate. Besides Malik and Pahloo, 10 people have been made party to the CBI's plea. Of them, six

Judges' pensions as low as Rs 10,000: SC calls situation 'pitiable'

The Supreme Court had earlier ruled that pensionary benefits must be calculated based on the past drawn salary as a High Court judge, ensuring parity across the judiciary

Did not expect insensitivity: Farmers refuse to meet SC formed committee

Farmers were to hold a meeting with the committee but refused to meet citing several reasons including holding talks with the central government being one of them

SC issues landmark ruling to curb illegal constructions, violations

In a significant judgment, the Supreme Court on Tuesday said unauthorised constructions cannot be legitimised merely due to administrative delays, passage of time, or monetary investments and issued a slew of directions to curb illegal constructions. A bench comprising Justices J B Pardiwala and R Mahadevan said even the post-construction violations must trigger swift corrective action, including demolition of the illegal part and penalties for erring officials. The bench also upheld the demolition of unauthorised commercial constructions in a residential plot in Meerut, emphasising the need for strict adherence to urban planning laws and accountability of officials. The court issued a slew of comprehensive directions in larger public interest to streamline urban development and enforcement. "We are of the opinion that construction(s) put up in violation of or deviation from the building plan approved by the local authority and the constructions which are audaciously put up without

SC overturns NGT's 'ruthless' order to remove leprosy patients' centre

Calling it a "ruthless order", the Supreme Court on Tuesday set aside an NGT verdict directing the removal of a centre for leprosy patients running since 1960 in Pune. A bench of Justices Surya Kant and Ujjal Bhuyan set aside the NGT order directing authorities to remove it for allegedly encroaching the forest land. "There is something called humanity; something called compassion and empathy. They (leprosy patients) are part of the society. We are giving lectures in five-star hotels on inclusivity and other things, and here a ruthless order is passed, without even hearing the society. All kinds of things are happening in the name of forests and environment in this country," the bench said. The top court said the green tribunal should have at least heard the society, running for decades, before passing such "sweeping directions" for removal of alleged encroachments from forest land. The top court said that the western zone bench of the NGT regardless of the categorical stand taken b

SC asks Greater Noida authority for proposal to resolve homebuyers' issues

Considering the plight of the hassled homebuyers, the Supreme Court on Tuesday asked the Greater Noida Industrial Development Authority (GNIDA) to submit a proposal for grievance redressal and imposed Rs 5 lakh cost on it for failing to file a timely response. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar expressed dissatisfaction over the approach of GNIDA and said, "You are responsible for the mess. Of course, developers made money from the homebuyers. But that does not condone your acts. The bench said it may order a CBI probe into the whole "mess" if the GNIDA did not come up with a plan to redress the grievances of the homebuyers. "You come up with a plan in 10 days otherwise we will order a CBI investigation...You will have to ensure that interests of homebuyers are safeguarded. You are also part of the problem. You allowed this mess to be created, the CJI said. The bench suggested the GNIDA to take over the entire land, develop the projects and give

Allahabad HC judge appears before SC collegium over remarks at VHP event

Allahabad High Court judge Shekhar Kumar Yadav, who purportedly gave controversial statements at a Vishwa Hindu Parishad function, appeared before the Supreme Court collegium on Tuesday, sources said. According to the sources, Yadav appeared before the collegium headed by Chief Justice Sanjiv Khanna and was asked to put forth his version on the statements made. The top court on December 10 took note of news reports over the statements and sought a report from the Allahabad High Court on the issue. "The Supreme Court has taken note of newspaper reports of a speech given by Mr Justice Shekhar Kumar Yadav, a sitting judge of the High Court of Judicature at Allahabad. The details and particulars have been called from the high court and the matter is under consideration," an official statement had said. According to the established norm, a judge, against whom a report is sought by the apex court collegium on any controversial issue from the high court concerned, is given opportunity to

Communal harmony being maintained in Uttarkashi: State to Uttarakhand HC

Amid the ongoing dispute over a mosque in Uttarkashi, the state has submitted before the Uttarakhand High Court that communal harmony was being maintained in the town and any attempt to disturb it would be viewed strictly with necessary steps. The state government's submission was made before a division bench of acting Chief Justice Manoj Kumar Tiwari and Justice Pankaj Purohit by additional government advocate J S Virk on December 16, when a petition seeking protection of the mosque was again heard. The high court previously directed the district magistrate and the superintendent of police of Uttarkashi to maintain law and order in the vicinity of the mosque and keep the court apprised of the situation. The disputed mosque is situated on Bhatwari Road. Right wing outfits said the mosque was illegal whereas the petitioners claimed the contrary. The petitioner Alpasankhyak Seva Samiti moved court in November, a few days ahead of a Mahapanchayat by right wing outfits, scheduled to b

Bengaluru Police to challenge bail granted to actor Darshan, others in SC

Bengaluru Police Commissioner B Dayananda on Tuesday said that efforts are on to file an appeal in the Supreme Court, against the bail granted to Kannada actor Darshan Thoogudeepa and other accused in the Renukaswamy murder case. A proposal will be submitted to the state government in this regard, he said. The Karnataka High Court on Friday granted conditional bail to Darshan, who is accused number 2 in the case. The bench of Justice S Vishwajith Shetty had also granted bail to Darshan's friend Pavithra Gowda, who is accused number 1, and other accused - R Nagaraju, Anu Kumar alias Anu, Lakshman M, Jagadeesh alias Jagga and Pradoosh S Rao. "In connection with the Renukaswamy murder case, with regards to bail that has been granted, efforts are on to file an appeal in the Supreme Court. We will submit a proposal to the government on this," Dayananda told reporters here. Darshan was arrested on June 11. Pavithra Gowda and 15 other co-accused in the case were arrested during the same

SC orders to transfer Amazon, Flipkart petitions on CCI probe to K'taka HC

The apex court was hearing the plea filed by the CCI, seeking the transfer of 24 writ petitions filed in various high courts challenging its probe into alleged anti-competitive practices

Amazon, Flipkart plea on CCI probe order should transfer to K'taka HC: SC

The Supreme Court on Monday said the petitions of e-commerce giants Amazon and Flipkart challenging an order of the Competition Commission of India ordering a probe against them for alleged malpractices should be transferred to the Karnataka High Court. A bench of Justices Abhay S Oka and Manmohan issued a notice on the plea filed by the CCI which sought the transfer of the petitions filed by the e-commerce platforms from the high courts to the top court or the Delhi high court. "Issue notice. Prima facie, we are of the view that all cases, which are pending in various High Courts should be transferred to Karnataka High Court for hearing," the bench said and posted the matter on January 6, 2025. The top court, however, asked the Karnataka High Court not to proceed with the hearing on the petitions filed by e-commerce giants. During the hearing, attorney general R Venkataramani submitted CCI did not have an objection if the matter was heard by the Karnataka High Court. In its plea

SC seeks Centre's reply on plea asking guidelines for safety of women

The Supreme Court agreed on Monday to examine a plea seeking direction for framing pan-India guidelines to provide a safe environment for women, children and transgender persons in society. A bench of Justices Surya Kant and Ujjal Bhuyan issued notice to different ministries of the Centre and its instrumentalities and posted the matter for further hearing in January. Senior advocate Mahalakshmi Pawani, appearing for the petitioner Supreme Court Women Lawyers Association, said several incidents of sexual abuse against women are taking place in smaller cities, which are going unreported and pushed under the carpet. "After the RG Kar Medical College Hospital incident of Kolkata where a trainee doctor was raped and murdered, around 95 incidents of sexual violence have taken place but were not highlighted," Pavani said, adding that like Scandinavian countries, offenders should get punishments such as chemical castration. The bench said it will not entertain many of the prayers mentioned

Guj properties law: Presumption of constitutionality attached to enactment

There is a presumption of constitutionality attached to every enactment, the Supreme Court on Monday said and dismissed a plea against a Gujarat High Court order refusing to suspend certain provisions of a 1991 state law over properties in disturbed areas. While hearing the challenge, Justices Dipankar Datta and Prashant Kumar Mishra, asked, "How can, by an interim order, certain provisions be suspended?" "There is a presumption of constitutionality attached to every enactment," it observed. The high court on October 28 rejected an application seeking suspension of certain provisions of the Gujarat Prohibition of Transfer of Immovable Property and Provisions for Protection of Tenants from Eviction from Premises in the Disturbed Areas Act, 1991. The law prohibits the transfer of immovable property in the disturbed areas of the state. The high court noted as far as the relief prayed for the suspension of certain provisions of the 1991 Act -- vires of which were challenged in the wri

Need to rehabilitate youth instead of demonising their substance abuse: SC

The Supreme Court on Monday expressed concern over the illicit drugs trade substance abuse in the country and said there was a need to rehabilitate the youngsters affected instead of demonising them. A bench of Justice BV Nagarathna and Justice N Kotiswar Singh said drug abuse should not be considered a taboo but an open discussion was required to tackle the issue. "We note our disquiet regarding substance abuse in India. Profits are being used to support terrorism and leading to violence. Academic pressure and family disturbances are also leading to the same, which is leading to long-term social and economic instability. Peer pressure, stress from academics and easy availability of drugs is a trigger and adolescents are also using it as emotional escapism," the bench said. "The youth must not follow those who resort to drug abuse and victims of substance abuse are not only limited to the downtrodden but cuts across economic barriers. We need not demonise the ones who have resorted

SC asks petitioners against 'Dharam Sansad' to send email seeking listing

The Supreme Court on Monday asked some former bureaucrats and social activists who moved a plea against a 'Dharam Sansad' in Uttar Pradesh's Ghaziabad, alleging a call was issued for the "genocide of Muslims", to send an email seeking urgent listing. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was urged by lawyer Prashant Bhushan, appearing for some former bureaucrats, that the plea needed urgent listing. "I will consider. Please send an email," Chief Justice Khanna said. Bhushan said an open call for the genocide of Muslims had been made and the plea needed urgent hearing as the 'Dharam Sansad' would be commencing on Tuesday. The 'Dharam Sansad' by the Yati Narsinghanand Foundation is proposed to be held from Tuesday to Saturday at the Shiv-Shakti temple complex in Ghaziabad's Dasna. Activists and former bureaucrats have moved a contempt petition against the Ghaziabad district administration and the Uttar Pradesh Police for their "willful and deliberat

ED attaches properties worth Rs 2.73 crore in money laundering case

The restitution was made under the second proviso to Section 8(8) of PMLA (restitution pending trial) read with Rule 3A of PMLA Restoration of Property Rules

Switzerland suspends MFN: What is the clause and its meaning for India?

Explained: What is the most favoured nation clause and why did Switzerland suspended it for India after the Nestle's 2023 Supreme Court ruling

Minister's post does not entitle someone to special bail consideration: SC

Holding a minister's post does not entitle a person for a special consideration for the grant of bail, the Supreme Court said on Friday, asserting that "official positions, regardless of their stature, lose relevance for the purpose of exercising judicial discretion judiciously". A bench of Justices Surya Kant and Ujjal Bhuyan, which granted conditional future bail to former West Bengal minister Partha Chatterjee in a money-laundering case related to the alleged cash-for-jobs scam in the state, said impartiality is a prerequisite to the rule of law, wherein decisions are based on the factual matrix of a case as opposed to an individual's position or influence. It rejected Chatterjee's argument seeking special consideration for the grant of bail on the ground that he was entitled for the relief as he was a minister at the relevant time. "In this context, the argument that the appellant's position as a minister entitles him to any special consideration does not hold merit from either

SC denies special treatment to CCI, refuses to transfer all probe petitions

"Only because some litigant is to be given special treatment, bypass the rules, we can't place it directly before the division bench," the Supreme Court said