The high court erred in holding that the law was violative of the principle of secularism, said a bench comprising Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra.
The Supreme Court on Friday deferred the question of Aligarh Muslim University's minority status to a fresh bench and overruled the 1967 judgment that said the university cannot be considered a minority institution since it was created by a central law.
The Supreme Court is scheduled to consider in-chambers on Tuesday a batch of pleas seeking review of its judgment which held that states are constitutionally empowered to make sub-classifications within the Scheduled Castes, which form a socially heterogeneous class, for granting reservation.
He could have blazed a trail that few Indian judges had. It was a missed opportunity of a lifetime, notes Ramesh Menon.
In a significant verdict, the Supreme Court by a majority of 7:2 on Tuesday held all private properties cannot form part of "material resources of the community" empowering states to take them over for distribution to serve "common good" under the Constitution.
Aligarh Muslim University is not a minority educational institution, Supreme Court's Justice Dipankar Datta said on Friday and noted had it not been a "race against time" he would have articulated better in his dissenting opinion. The judge also flagged a non-exchange of ideas and opinions in a "true democratic spirit" to build a consensus.
A seven-judge Constitution bench comprising Chief Justice DY Chandrachud and Justices BR Gavai, Vikram Nath, Bela Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma said there is no error apparent on the face of the record.
Many ethical, competent corporate leaders aspire to join public life today. However, the transition to politics is far from easy, observes Indrajit Gupta.
The Supreme Court on Thursday said the fight against caste-based discrimination was not a battle that can be won overnight and it requires sustained effort, dedication, and the willingness to confront and challenge societal norms that perpetuate inequality.
Refusing to stop streaming live proceedings in the suo motu case related to the incident, the apex court said it was a matter of public interest and the public must know what is transpiring in the courtroom.
Commencing final arguments on a batch of pleas against the verdict, the bench, heard senior lawyers including Abhishek Manu Singhvi, Salman Khursheed and Menaka Guruswamy for the petitioners.
Justice Misra will remain in office till October 2, 2018.
'The ruling does not automatically mean that your house can be taken away, but suppose it blocks an expressway or a highway or such essential development, then it can be taken away as long as there is a law to support that action.'
The observations were made by a bench comprising Chief Justice DY Chandrachud and Justice Manoj Misra during the hearing of an appeal filed by the City and Industrial Development Corporation, Navi Mumbai against a Bombay high court verdict.
The review pleas filed by advocate Mathews J Nedumpara and others contended that the matter related to the scheme falls in the exclusive domain of legislative and executive policy.
In a significant verdict, the Supreme Court on Wednesday set aside the National Company Law Appellate Tribunal's (NCLAT) verdict that had stopped insolvency proceedings against embattled ed-tech firm Byju's. A bench of Chief Justice D Y Chandrachud, and Justices J B Pardiwala and Manoj Misra also reversed the order of the NCLAT approving Byju's Rs 158.9 crore dues settlement with the Board of Control for Cricket in India (BCCI) and directed the cricket board to deposit the settlement amount of Rs 158.9 crore with a committee of creditors.
Singh has sought the application of a more liberal remission policy to ensure his premature release from a prison in the state where he is lodged for more than 24 years.
Chief Justice D Y Chandrachud, who is demitting office on November 10, Wednesday deferred by four weeks hearing on pleas challenging the immunity granted to husbands in cases of marital rape.
Their appointments will be co-terminus with the term of the prime minister, the personnel ministry said.
Observing secularism means to 'live and let live', the Supreme Court on Tuesday said regulating madrasas was in the national interest as several hundred years of the nation's composite culture could not be wished away by creating silos for minorities.
Section 6A, which was incorporated in the Citizenship Act 1955 following the signing of the 1985 Assam Accord, was upheld by the Supreme Court.
A bench headed by Chief Justice DY Chandrachud directed the protesting doctors to get back to work by 5 pm on Tuesday and assured them that there will be no adverse action if they resume duty.
The Supreme Court on Tuesday dismissed the pleas seeking cancellation and re-test of the controversy-ridden National Eligibility-cum-Entrance Test-Undergraduate (NEET-UG) 2024, holding that there was no data on record to indicate a systemic leak of question paper and other malpractices.
The Supreme Court on Friday closed the proceedings in a habeas corpus petition filed by a man who had alleged that his two daughters were held captive inside the premises of spiritual leader Jaggi Vasudev's Isha Foundation at Coimbatore.
The Central Bureau of Investigation (CBI) alleged in the Supreme Court on Thursday that there was an attempt to cover up the rape and killing of a post-graduate medic at Kolkata's RG Kar Medical College and Hospital by the local police as the crime scene was altered by the time the federal agency took over the probe.
The Supreme Court on Tuesday dismissed the Punjab government's appeal against a high court verdict quashing its decision to expand the definition of 'NRI quota' for admissions in undergraduate medical and dental courses in the state. "This fraud must come to an end now," the apex court said.
Justice Gogoi will be sworn in as the next CJI on October 3, a day after Justice Misra's tenure ends.
The Supreme Court on Friday refused to entertain a public interest litigation (PIL) seeking a probe into the Hathras stampede that left 121 dead, and asked the petitioner to move the Allahabad high court.
The Centre on Tuesday urged the Supreme Court not to hear this week the pleas on the vexed legal question of whether a husband should enjoy immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex.
The Supreme Court on Thursday set aside caste-based discriminatory provisions of prison manuals of around 11 states while deprecating the practice of distribution of work and segregation of prisoners in separate wards on basis of their castes.
The top court dismissed a plea seeking deferment of the NEET-PG which claimed that candidates have been allocated cities that are highly inconvenient for them to reach.
Agitating junior doctors in West Bengal resumed their indefinite 'total cease work' on Tuesday to press for various demands, including ensuring their safety and security at all medical establishments.
Transferring to itself a habeas corpus petition of a man alleging that his two daughters were held captive inside the premises of the Foundation, a bench headed by Chief Justice D Y Chandrachud directed the Tamil Nadu police to not take any further action in pursuance of the Madras high court's direction asking it to inquire into the alleged illegal confinement of the women.
A bench of Justices Manoj Misra and SVN Bhatti made the observation while disposing of Jain's plea against the high court's decision of adjourning the hearing of his bail application for six weeks.
The top court also questioned the West Bengal government's decision to hire contractual employees for the protection of doctors and other staff in hospitals.
According to the cause list of August 20 uploaded on the apex court website, a bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra is scheduled to hear on Tuesday.
The Supreme Court on Friday asked the Centre to provide information about the numbers and names reiterated by the apex court Collegium for appointment as judges in higher judiciary with reasons why they were not considered so far and at what level they were pending.
The top court also directed the protesting resident doctors in West Bengal to resume work by 5 pm on Tuesday and said no adverse action shall be taken against them on resumption of work.
How will the leave encourage more women to be part of the workforce, the court asked the petitioner and said mandating such leave will lead to women "being shunned from the workforce". "...we do not want that," the bench said
The Supreme Court verdict on mining royalty case will give a further jolt to the Indian mining industry and will have very large financial implications, as arrears may work out to the tune of more than Rs 1.5 lakh crore to Rs 2 lakh crore, industry players said on Wednesday. The Supreme Court on Wednesday upheld the power of states to levy tax on mineral rights and mineral-bearing land, and allowed them to seek refund of royalty from April 1, 2005 onwards. According to a senior mines ministry official, the verdict will have a very large financial impact on mining, steel, power and coal companies.
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