The Supreme Court of India has sharply criticized the Uttar Pradesh police for filing FIRs in civil cases, stating there is a "complete breakdown of rule of law" in the state. The court expressed its displeasure after discovering FIRs filed by the UP police in civil disputes, questioning the use of criminal law in such matters. The Chief Justice highlighted the absurdity of converting civil disputes into criminal cases, emphasizing that non-payment of money cannot be considered a criminal offense. The bench has summoned the investigating officer to justify the registration of an FIR in a specific case, and has stayed criminal proceedings against the accused while allowing the cheque bounce case to continue.
'Under the circumstances, this announcement may remain limited to bravado and little else, adding momentum to Imran's narrative of victimhood,' points out Rana Banerji, who headed the Pakistan desk at RA&W.
The documentary series In Transit attempts to correct the misconceptions about transgenders, notes Deepa Gahlot.
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.
While India today is vastly different from the India of 1975, the need for vigilance against authoritarianism remains the same, asserts Utkarsh Mishra.
The bench wondered if it struck down the immunity clause in the penal codes then the offence will be covered under the main provision on rape or "can the court create a separate offence or adjudicate the validity of the exception (clause)".
Tata Steel is in the process of filing a curative petition in the Supreme Court in connection with the apex court ruling which said that states have the power to levy cess on mining and mineral-use activities. The petition by the steel manufacturing firm is aimed at seeking remedy to the order, passed by a 9-judge Constitution Bench of the Supreme Court on July 25. However, Tata Steel's managing director and chief executive officer T V Narendran told Business Standard that there was no demand note on the firm.
'Shoma didn't have the luxury of time. She was already suffering from so many ailments.'
The Kashmir issue should be resolved through dialogue and consultation between India and Pakistan, China said on Tuesday while reacting to the Supreme Court judgment on Article 370 upholding the central government's decision on the erstwhile state of Jammu and Kashmir.
A seven-judge Constitution bench headed by Chief Justice D Y Chandrachud, by a majority of 6:1, set aside the apex court's five-judge bench verdict of 2014 in the EV Chinnaiah vs State of Andhra Pradesh case which had held that no sub-classification of Scheduled Castes (SCs) can be allowed as they are a homogeneous class in themselves.
He will take oath on November 11, a day after incumbent Justice DY Chandrachud demits office on attaining the age of 65.
The Supreme Court Registry is learnt to have refused to accept the Centre's plea seeking modification of its 2012 verdict in the 2G spectrum case which had said the State was duty bound to adopt the auction route while transferring or alienating the country's natural resources.
A bench of Justices Sanjiv Khanna and Sanjay Kumar termed the plea as "absolutely misconceived" and said how can it sit in appeal over an order passed by another bench of the apex court.
The matter came up for hearing on Friday before a vacation bench of justices Vikram Nath and SVN Bhatti, which allowed the petitioner to withdraw the plea.
'Residence-based reservation in PG medical courses is violative of Article 14 of the Constitution.'
The Supreme Court of India has asked DMK leader V Senthil Balaji to choose between his ministerial post in Tamil Nadu and his freedom. The court expressed concern over Balaji's reinstatement as a minister despite being granted bail in a money laundering case related to the "cash-for-job" scam. The court fears that Balaji's presence as a minister could influence witnesses in the case. The court has given Balaji until April 28 to make a decision.
A magistrate's court in Mumbai, which denied permission for subjecting dismissed RPF constable Chetansinh Chaudhary, accused of shooting four persons dead on a moving train, to narco tests has said in its reasoning that to remain silent is an accused person's fundamental right.
The Supreme Court of India will hear a plea from the mosque management committee challenging an order rejecting its petition in the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura, Uttar Pradesh on January 15. The Allahabad High Court had rejected the mosque committee's plea, stating that the religious character of the Shahi Idgah mosque needed to be determined. The case involves claims that the mosque was built after the demolition of a temple, a claim disputed by the mosque committee. The Supreme Court will now decide on the maintainability of the mosque committee's plea.
'This bitterness will be more in Jammu area than in Kashmir.'
Bharti Airtel vice-chairman & managing director Gopal Vittal on Wednesday said while a call on exercising the option of converting pending spectrum dues into government equity would be taken by its board, the company had reached out to the Department of Telecommunications (DoT) to confirm whether it could do so. "On the adjusted gross revenue (AGR) conversion, it was simple.
Justice Sanjiv Khanna, who has been part of several landmark Supreme Court judgements such as scrapping the electoral bonds scheme and upholding abrogation of Article 370, will be sworn in as the 51st Chief Justice of India on Monday.
The Committee of Management, Shahi Jama Masjid, moved the high court challenging the suit and the Sambhal court order which directed the survey through an advocate commissioner.
The Supreme Court of India has directed the directors general of police (DGP) of all states and union territories (UTs) to strictly adhere to safeguards available to persons in custody. The court made these observations after a man alleged he was held by Haryana Police in violation of the law on arrest and subjected to physical abuse. The court emphasized that even a 'criminal' enjoys certain legal protections and that police officers must be held accountable for any transgressions. It further directed its registry to send a copy of its judgment to all DGPs as a reminder to adhere to these safeguards.
'My suspicion is that most of the bonds were given by companies who had got contracts or who had benefited from policy changes by the government.'
The Supreme Court has ordered the sacking of a trial court judge in Karnataka, holding that a judicial officer cannot pronounce the concluding portion of a judgment in the open court without the entire text of the judgment having been prepared or dictated.
The Supreme Court of India has ruled that the offence of abetment of suicide should not be invoked mechanically against individuals, emphasizing that the provision should not be used to soothe the feelings of grieving families. The court stressed that the conduct of the accused and the deceased, their interactions, and conversations preceding the death should be examined practically and not divorced from real-life contexts. The judgment came after a plea challenging an order of the Madhya Pradesh High Court that refused to discharge a man from charges under Section 306 of the Indian Penal Code (IPC) related to a suicide case. The Supreme Court emphasized that to prove abetment of suicide, there must be evidence of active instigation or acts facilitating the suicide. In this case, the court found that the appellant's actions, including seeking repayment of a loan, did not constitute instigation to suicide.
For the last four years since abrogation of Article 370, Kashmir-based political parties have been struggling to forge an alternate narrative to the one forcibly snatched from them. The BJP is bound to go hammer and tongs at them now that their armoury is reinforced with the Supreme Court judgment, notes Mohammad Sayeed Malik, the veteran commentator on Kashmir affairs.
'Approaching the SC, getting a favourable decision and overturning the situation (the speaker's order), will be too much to ask for in too short time.'
US e-commerce giant Amazon has written to Ajay Tyagi, chairman of market regulator Securities and Exchange Board of India (Sebi), to take action as is necessary to comply with the Supreme Court Judgment, related to the $3.4-billion merger deal between Future Group and Reliance. Amazon has requested Sebi to direct the Indian stock exchanges to withdraw the Observation Letters related to this deal with immediate effect. In January this year, Sebi had given a go-ahead onto Future Group's scheme of arrangement and sale of assets to Reliance, based on which the Bombay Stock Exchange also granted its "no adverse observation" report to the Rs 24,713-crore ($3.4 billion) deal.
A five-judge Constitution bench headed by Justice S A Nazeer, who will retire on January 4, is likely to pronounce its verdict on the matter on the said date.
The West Bengal government has sought permission from the Calcutta High Court to appeal against the Sealdah court order that sentenced Sanjay Roy to life imprisonment until death in the RG Kar hospital doctor's rape and murder case. The state government is seeking the death penalty for Roy, the sole convict in the case, and has expressed dissatisfaction with the Sealdah court's verdict, which did not consider the crime "rarest of the rare." The court also ordered Roy to pay a Rs 50,000 fine and directed the state government to pay compensation of Rs 17 lakh to the family of the deceased doctor.
The Supreme Court of India has taken a strong stance against child trafficking rackets, canceling the bail granted to 13 accused and criticizing the Uttar Pradesh government for its inaction. The court expressed concern over the rising number of trafficking cases and the changing patterns of the crime. It also directed the state to ensure trafficked children are admitted to schools and receive support for their education.
The execution of the order dated December 21 stands stayed till the next date of hearing.
The Supreme Court on Monday refused to grant interim stay on a Delhi high court judgment holding senior advocates R K Anand and I U Khan guilty of contempt of court for trying to influence a key witness in the BMW hit-and-run case. A bench headed by Justice B N Agrawal, however, admitted the appeal filed by them and issued notices to respondents.
'It's not really going to bring about purity in the election process.'
Vice President Jagdeep Dhankhar has questioned the Chief Justice of India's involvement in executive appointments, specifically citing the selection of the CBI director. He believes this practice undermines democratic principles and calls for revisiting the existing norms. Dhankhar also raised concerns about the "doctrine of basic structure", suggesting it has a debatable jurisprudential basis. He emphasized the importance of each institution operating within its constitutional boundaries and highlighted the need for coordinated autonomy. The vice president also discussed the need for a balanced approach to judicial review and the importance of judges focusing on judgments rather than other forms of expression. He stressed the need to revisit the current state of affairs to restore the judiciary's sublimity.
"The moment we let technology take the driver's seat in the legal system, we begin to erode the public's faith in us and with it, the foundations of the rule of law," CJI Gavai added.
While that created a stir so did the decision on his penultimate day at work with the Supreme Court rechristening its summer vacation "partial court working days", an issue that has led to criticism that the apex court judges enjoyed long breaks.
Chief Justice of India DY Chandrachud has set in motion the process of appointment of his successor by recommending to the Centre the name of senior-most Supreme Court judge Justice Sanjiv Khanna.
The top court remarked that there is no place for flamboyance in judiciary.
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