A five-judge Constitution bench of the Supreme Court on Wednesday said it will hear on September 27 an application by the Uddhav Thackeray-led faction seeking to restrain the Election Commission from deciding on the claim of Maharashtra Chief Minister Eknath Shinde-led group over the "original" Shiv Sena.
Justice SK Kaul was among those seated on the dais with Chief Justice DY Chandrachud, when the president narrated her experience of meeting several undertrial prisoners as an MLA in her native Odisha and later as the governor of Jharkhand.
The top court said if it transfers the election petition, it would be an expression of lack of faith in the entire high court.
The complex, parts of which are over 250 years old, is situated on the banks of the Ganga and is endowed with high ceilings, huge doors, and hanging skylights.
"Journalists are not terrorists," the Supreme Court said on Monday, as it deprecated the Jharkhand police knocking on the door of a scribe of a local Hindi news channel at midnight and dragging him out of his bedroom before placing him under arrest in an extortion case.
The top court was hearing an appeal of the former judge against whom a full court of the Allahabad high court, on September 02, 2006, had resolved to punish him with curtailment of 90 per cent of pensionary benefits with immediate effect.
The Supreme Court on Friday sought replies of the West Bengal and Tamil Nadu governments on a plea of the producers of The Kerala Story challenging the ban in the two states.
A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and Manoj Mishra agreed to hear the plea after senior advocate Abhishek Singhvi, appearing for Gandhi, sought listing of the appeal on July 21 or July 24.
A bench of Justices DY Chandrachud and JB Pardiwala issued notice to Rajasthan and Chhattisgarh governments and said that no action be taken concerning the FIRs lodged in Raipur and at Sikar on the same cause of action.
It also issued notices to the four people who had originally moved the high court against the execution of the MoU on various grounds including that the settlement breached Article 3 of the Constitution.
The apex court said the high court will be at liberty to take a fresh view on whether the investigation by the state police has been fair and proper, and if not, whether a case has been made out for the transfer of the investigation to the CBI.
According to the Delhi Municipal Corporation Act, 1957, the mayor and the deputy mayor are to be elected in the very first session of the House after the civic polls.
The Supreme Court on Friday said the nominated members of the Municipal Corporation of Delhi (MCD) cannot vote in the mayoral election.
The Supreme Court on Monday restrained the Centre and Navy from releasing from services some officers (both male and female), who were not granted a permanent commission and sought reply from the Centre.
The top court said the distinction between married and unmarried women under the abortion laws is "artificial and constitutionally unsustainable" and perpetuates the stereotype that only married woman are sexually active.
It also directed the Hindu parties to file their replies within three weeks on the appeal filed by the management committee of the Anjuman Intezamia Masjid challenging the Allahabad High Court order on the appointment of a survey commissioner.
A bench of Justices DY Chandrachud and Hima Kohli commenced hearing on the plea of the news channel against the Kerala high court's order upholding the Centre's decision to ban its telecast on security grounds.
The Supreme Court on Monday came down heavily on the ministry of defence over its January 20 communication regarding payment of arrears of One Rank-One Pension (OROP) in installments to eligible pensioners of the armed forces.
Senior lawyer Kapil Sibal told a five-judge constitution bench headed by Chief Justice DY Chandrachud that Koshyari had sworn in Shinde without even asking him which party he and the other legislators supporting him belonged to.
The Supreme Court on Wednesday rejected the suggestion of the Uddhav Thackeray faction of the Shiv Sena to decide the disqualification proceedings pending against Maharashtra Chief Minister Eknath Shinde and MLAs belonging to his camp, saying it cannot assume the role of the speaker as doing so will have "serious ramifications".
The Supreme Court on Wednesday observed that giving the lieutenant governor the power to nominate aldermen in the Municipal Corporation of Delhi would mean that he can destabilise an elected civic body.
The Supreme Court on Wednesday quashed the Centre's denial of security clearance to Malayalam news channel MediaOne, and pulled up the ministry of home affairs for raising national security claims in "thin air" without facts.
The Supreme Court on Friday agreed to hear on Saturday Maharashtra's plea for a stay on the Bombay high court order acquitting G N Saibaba, after Solicitor General Tushar Mehta's persistent pitch that the acquittal was not on merit but for want of appropriate sanction to prosecute him under the anti-terror law UAPA.
The ruling Eknath Shinde camp in Maharashtra told the Supreme Court on Tuesday that the rival side led by Uddhav Thackeray wanted the speaker of the state assembly to "usurp" the powers of the Election Commission when the ultimate test of majority in a democracy -- the floor test -- was ordered by the governor during the 2022 political crisis.
LGBT citizens also enjoy the right to privacy, right to equality and above all, right to life, like any other citizen, writes Sharad Sharma.
The top court said that the proceedings initiated in December 2019 were contrary to the law laid down by the Supreme Court and cannot be sustained.
The Supreme Court has said that grounds like "there was a love affair" between the girl and the accused and there was alleged "refusal to marry" will have no bearing on the grant of bail in a POCSO case.
The litigation in the present case relates to the existence of two birth certificates of Abdullah Azam who allegedly gave the wrong date of birth while filing his nomination papers for the 2017 poll.
The 33-year-old former India captain, who was last seen in action in England in June-July, is back after a one-month break that saw him skip two white-ball series in the West Indies and Zimbabwe.
The bench added that in a criminal case, a charge sheet is filed against the accused, and no matter how sensitive the charges are, they are disclosed to the accused, and in the present case, it is not even at that threshold.
The bench terms the "two-finger test" as a violation of a woman's dignity and privacy.
The SC bench, headed by Chief Justice Dipak Misra and comprising justices A M Khanwilkar and DY Chandrachud on Thursday reverted to the old five-member selection committee for both senior, junior and women teams.
The Supreme Court on Monday said the ministry of defence cannot take law in its own hands by issuing communication on payment of One Rank-One Pension (OROP) arrears in four instalments.
A bench headed by Chief Justice DY 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.
It asked the board to determine whether the pregnancy if terminated could risk the life of the woman or not.
The Solicitor General said, "Leadership develops at the grassroots level and it remains in the state association. By the time, his time comes for being elevated to the BCCI; he has to go for a mandatory three-year cooling-off period. One cannot become a member of the BCCI if he is not an active member of the state association".
The top court also stayed the proceedings against a third journalist, an associate editor in the same media house, who was recently summoned by the police in connection with the reports on violence.
The Supreme Court on Wednesday allowed modification of BCCI's constitution and paved the way for its president Sourav Ganguly and secretary Jay Shah to continue in office without having to serve the mandatory cooling-off period.
The Supreme Court on Friday said there should be a robust mechanism to ensure that the interests of Indian investors are protected in the stock market and sought views of the Centre and market regulator SEBI on PILs alleging exploitation of innocent investors and "artificial crashing" of the Adani group's stock value.
A bench of Justices DY Chandrachud and Hima Kohli said an attack on individuals does not mean it is an attack on the community but it needs to verify the claims of any such incident if it is made in the public interest litigation.
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