On Thursday, the Constitution Bench of Chief Justice Dipak Misra, along with Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra declared as unconstitutional the penal provision on adultery, saying it was manifestly arbitrary and dents the individuality of women. Here are highlights from their judgments.
The Supreme Court Tuesday set aside three Delhi high court orders including the refusal to grant a stay on the final arbitral award which had restrained Future Retail Ltd from going ahead with its Rs 24,731 crore merger deal with Reliance Retail and ordered fresh adjudication. In a major relief to Future group, a bench headed by Chief Justice N V Ramana also set aside the high court's order of February 2 last year, by which it had directed Future Retail Ltd (FRL) to maintain status quo in relation to the merger deal. The March 18 order of the high court, upholding the EA's award and imposing a cost of Rs 20 lakh on it as well as its directors, has also been set aside.
"No fundamental right has been violated. Section 144 was already in place and anyone who breaks the law can be taken into preventive custody," Noted constituional expert Fali Nariman told rediff.com.
One can predict the future of the BJP and the Congress by the scenes outside the party offices in Mumbai and New Delhi
A bench headed by Justice P C Ghose said the appropriate bench comprising him and Justice R F Nariman will be hearing the matter on Thursday. Justice Nariman was not present in the court on Wednesday.
The Delhi high court on Friday declined Future Group's plea for stay on an arbitration tribunal order refusing to interfere with the Emergency Award (EA) which restrained it from going ahead with the Rs 24,731 crore merger deal with Reliance Retail. Justice Suresh Kumar Kait sought response from US-based e-commerce giant Amazon which had challenged the merger before the Singapore arbitration tribunal under SIAC, and listed the appeals by Future Coupons Pvt Ltd (FCPL) and Future Retail Ltd (FRL) for further hearing on January 4. Senior counsel Harish Salve, appearing for FRL, urged the court to pass an interim order clarifying that an earlier order passed by the Supreme Court - which stayed all proceedings in relation to the enforcement of the EA - would remain in force despite the subsequent order passed by the duly constituted arbitration tribunal.
Verma has sought quashing of three orders of October 23, 2018 -- one by the Central Vigilance Commission and two by the Department of Personnel and Training, as being without jurisdiction and in violation of Articles 14, 19 and 21 of the Constitution.
Noted constitutional expert Fali Nariman has advised Gandhian Anna Hazare to refrain from sitting on fast again to press for his demands pertaining to the Jan Lokpal Bill.
Ananya, Amitabh, Arjun stroll down memory lane...
'Remembering the bravehearts and the innocent civilians who lost their lives'
Stating that 'we cannot...infuse creativity in your bureaucracy', the apex court warned it will have to do something extraordinary if the authorities failed to control pollution.
"As most of these agencies carry out interrogation in their office(s), CCTVs shall be compulsorily installed in all offices where such interrogation and holding of accused takes place in the same manner as it would in a police station," the bench said in its order.
"Twelve years after India's worst terror attack on Mumbai, two Taj hotels -- Colaba and Bandra have received a terror threat from Karachi. "I have had detailed discussions on beefing up security arrangements with both Maharashtra DGP and Mumbai Commissioner of Police," Deshmukh said.
A bench comprising Justices R F Nariman and S Ravindra Bhat rejected the request of the Solicitor General, appearing for the Enforcement Directorate, to issue a notice to the other side on the appeal.
The CBI chief's advocate said there was no basis for the Central Vigilance Commission to pass such an order recommending to send him on leave.
Thakur also said that more destruction, damage and bloodshed in this world has taken place on the account of religious beliefs.
The Supreme Court is scheduled to hear on Friday a plea filed by comedian Munawar Faruqui, who is accused of hurting religious sentiments by allegedly passing objectionably remarks about Hindu deities during a show, challenging the Madhya Pradesh high court order denying him bail.
The top court said the extension of tenure of the special judge will only be for the purpose of concluding the trial and delivering the verdict in the case.
Setting aside the NCLAT order, a 3-judge bench headed by Justice R F Nariman, said the two set of creditors will be treated differently during the insolvency proceedings and taking over of a debt-ridden firm by another company.
The collegium had recommended her transfer on August 28, after which she had made a representation requesting it to reconsider the proposal.
The Supreme Court Monday stayed the ongoing proceedings before the Delhi high court in the case related to the amalgamation of Future Retail Ltd (FRL) with Reliance Retail. A bench of Justices R F Nariman, B R Gavai and Hrishikesh Roy posted the matter for hearing on May 4 and directed that all pleadings be completed in the matter. Amazon had moved the apex court on April 8 challenging the Delhi high court's division bench order that had vacated a stay on Kishore Biyani-led Future Group proceeding with its Rs 24,713 crore asset sale to Reliance Industries.
In yet another embarrassment to the government, former Supreme Court judge K T Thomas on Monday turned down the offer to head Lokpal search committee, days after jurist Fali Nariman opted out of the panel.
'Let every person remember that the 'holy book' is the Constitution, and it is with this book in hand that the citizens of India march together as a nation, so that they may move forward in all spheres of human endeavour to achieve the great goals set out by this 'Magna Carta' or Great Charter of India'
The memorial will be something similar to what it has for the victims of the 9/11 attacks in the United States.
The mercy petitions of three convicts -- Mukesh, Vinay and Akshay -- have already been dismissed by the President.
A majority verdict by Chief Justice Ranjan Gogoi and Justices A M Khanwilkar and Indu Malhotra decided to keep pending the pleas seeking a review of its decision regarding the entry of women into the shrine, and said restrictions on women in religious places was not restricted to Sabarimala alone and was prevalent in other religions as well.
If the apex court agrees to hear the petitions challenging the removal of Article 370, it would be interesting to see if there is an immediate status quo on further proceedings or if it will decide after hearing all the petitions, reports Aashish Aryan.
The Supreme Court is scheduled to pronounce on Friday the verdict on e-commerce giant Amazon's pleas against the merger of Future Retail Ltd (FRL) with Reliance Retail and is likely to decide whether Singapore's Emergency Arbitrator (EA) award, restraining the Rs 24,731 crore deal, was valid under Indian law and can be enforced. As per apex court website, the verdict would be pronounced at 10.30 AM by a bench of Justices R F Nariman and B R Gavai which had reserved it on July 29 after hearing battery of lawyers including senior advocates Harish Salve and Gopal Subramanium, appearing for FRL and Amazon respectively. The verdict is keenly awaited as it is likely to deal with the legality and enforceability of an award by an Emergency Arbitrator (EA) of the foreign country here in view of the fact that the term EA is not used in the Indian Arbitration and Conciliation Act.
The tax department was given the land at Mumbai's posh location, measuring 2,786 square metre, with a minimum capacity of 100,000 sq ft, in 1992. Instead of constructing an office building, the department recently took a few floors on rent at the nearby Air India building.
Two aborted missions, three different ministers, multiple rule changes and two decades later, Indian taxpayers will no longer have to pay Rs 20 crore per day to keep the loss-making Air India flying. While opposition Congress expectedly attacked the decision as selling the family silver, DIPAM secretary Tuhin Kanta Pandey said what Tata is getting is not a cash cow but an airline which is bleeding where money needs to be pumped in to refurbish obsolete aircraft and dust up strangled ones while being unable to touch any employee for one year and only be able to resize staff after paying a VRS. "It won't be a very easy task there. Only advantage is they (new Air India owner) are paying the price which they think they can manage. "They are not taking the excessive debt accumulated to fund years of losses. We are continuing it as an ongoing concern.... This process has also saved huge amount of taxpayers money going forward," Pandey told PTI.
'My belief that I could protect the Himalayas was shattered.'
Aadhaar-related schemes and the Aadhaar Act exist on the assumption that Right to Privacy is not a Fundamental Right.
'Rahul Bhai was well known for speaking the truth.' 'He did not accept anything he considered wrong.'
The CJI has also kept with himself matters concerning arbitration, habeas corpus, criminal cases, contempt of court and ordinary civil matters.
On August 13, 2017, the victim went to a restaurant, around 300 metres from the university campus, with his friends in the evening but he did not return, and his body was found the next morning near a railway track.
The Supreme Court on Thursday said it will hear on July 20 the Amazon plea against the Delhi high court verdict which stayed the directive by its single-judge and paved the way for the multi-billion dollar deal to amalgamate Future Retail Ltd (FRL) with Reliance Retail. A bench of Justices R F Nariman, K M Joseph and B R Gavai was informed by senior advocate Harish Salve, appearing for the Future group, that a Singapore tribunal will commence hearing on the issue from July 12 and requested that the proceedings on the appeals be adjourned for a week. Senior advocate Gopal Subramanian, appearing for the US-based e-commerce giant, said he had no problem if the hearing on the appeals was adjourned by a week, as they will be busy next week before the tribunal.
The top court made it clear that there was a need for holistic hearing and it is neither going to be swayed by the arguments of senior lawyer Fali S Nariman, who is representing the petitioners, nor by any other senior counsel and the submissions have to go by the letter of the law.
The Kerala government has told the Supreme Court that it is "vigorously vaccinating" people against Covid-19 and is expected to inoculate at least 60 per cent of its population within two or three months.
The SC asked the Kerala government to file its response during the day on an application against the three-day relaxation in COVID-19 restrictions in the state in view of the upcoming Bakrid festival.
The judges on the bench are CJI S A Bobde, Justices R Banumathi, Ashok Bhushan, L Nageswara Rao, M M Shantanagoudar, S A Nazeer, R Subhash Reddy, B R Gavai and Surya Kant.
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