An offence under the SC-ST Act is not established merely on the fact that the complainant is a member of a Scheduled Caste or Scheduled Tribe community unless there is an intention to humiliate, the Supreme Court said on Friday.
In a major relief to Byju's, the NCLAT on Friday set aside insolvency proceedings against the troubled edtech major over a sponsorship deal and approved a Rs 158 crore settlement with the Board of Control for Cricket in India. The National Company Law Appellate Tribunal (NCLAT), however, passed the order with a caveat that any failure to make payments on the specific dates mentioned in the undertaking would automatically lead to a revival of the insolvency proceedings against Byju's.
The Supreme Court on Friday agreed to list for an early hearing the appeal of US-based creditor Glas Trust Company LLC against a judgment of the NCLAT, which had stayed insolvency proceedings against ed-tech firm Byju's and approving its Rs 158.9 crore dues settlement with the BCCI. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra was urged by senior advocate NK Kaul, appearing for the ed-tech major, that the case needed to be heard at the earliest.
Citing the enduring legal principle that "bail is the rule and jail is the exception", a bench of Justices BR Gavai and KV Viswanathan granted bail to Prem Prakash, an aide of Jharkhand Chief Minister Hemant Soren, in a money laundering case related to an alleged land scam.
A bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said they were in agreement with the single judge who had earlier rejected the petition.
The top court also took note of the fact that the complaint in the case was filed in August, eight years after the alleged incident took place in 2016.
Modifying the single bench order, the division bench presided by Justice I P Mukerji directed that Banerjee and Ghosh will be free to make any statement concerning the Governor, not crossing the contours of freedom of speech and expression and public duty.
BJP MLA Purnesh Modi, complainant in the defamation case against Rahul Gandhi, has filed a caveat in the Supreme Court seeking that he be heard if the Congress leader moves a plea challenging the high court verdict refusing to stay his conviction in the Modi surname remark case.
Edtech firm Think and Learn, which owns Byju's brand, has not paid the July salary to employees as the company was unable to access its accounts due to a temporary stay granted by the Supreme Court on the NCLAT's decision, a top official said on Tuesday. On August 2, the National Company Law Appellate Tribunal (NCLAT) approved the Rs 158.9 crore dues settlement with BCCI and set aside insolvency proceedings against Byju's.
Lenders of bankrupt airline Jet Airways, led by the State Bank of India (SBI), on Thursday told the Supreme Court that successful bidder Jalan Kalrock Consortium (JKC) was "unwilling" to pay the dues and that the "liquidation" was the only option left. The bench led by Chief Justice of India (CJI) DY Chandrachud was hearing the SBI-led consortium plea against the NCLAT's March order upholding ownership transfer of the bankrupt airline to JKC.
The high court said instead of giving a quietus to their disputes, the woman had chosen to continue with divorce proceedings by making unsubstantiated allegations.
The Bombay high court in its judgment granting bail to activist Gautam Navlakha, an accused in the Elgar Parishad-Maoist links case, has noted that there was no material on record to infer prima facie that he conspired to or committed any terrorist act.
The man threatened her that if she did not agree to marry him, he would destroy the families of her sisters, outrage their modesty and kill them.
'The amount of compensation is huge and therefore, in my view, time can be granted to the convict for the payment of the same. Therefore, considering submissions made by advocates from both sides, I am inclined to allow both the applications and grant time of 30 days for bringing appropriate (orders) from the Appellate court,' the court said in the order.
While Justice Kant and Bhuyan delivered the majority verdict, Justice Datta dismissed Ansari's appeal against the Allahabad high court order.
Maharani Lakshmi Bai of Jhansi is a "national hero" and history should not be divided on "communal politics", the Delhi high court said on Wednesday while pulling up the Shahi Idgah managing committee for making "scandalous pleadings" in its plea against installation of her statue inside the Shahi Idgah Park at Sadar Bazar in New Delhi.
The 50-year-old's lawyers had argued that he should not be taken to the US because of a real and 'oppressive' risk of suicide and won the right to appeal in Britain's highest court.
A retired judge of Bangladesh's Supreme Court was detained from the northeastern frontier with India in Sylhet while he was allegedly attempting to flee the country, the Border Guard Bangladesh (BGB) said late on Friday.
A division bench of Justices SS Sundar and Sunder Mohan observed while hearing the bail plea of an alleged Islamic State of Iraq and Syria sympathiser, and also set him on liberty with a string of conditions, recently.
The Supreme Court came down heavily on the Centre on Tuesday for failing to take any decision for years on the pension payable to retired regular captains of the Army in accordance with the One Rank One Pension (OROP) scheme and imposed a fine of Rs 2 lakh on it.
The Supreme Court on Monday kept in abeyance the fresh election for the post of the mayor of Solan in Himachal Pradesh as it termed the disqualification of the incumbent, Usha Sharma, "a case of male bias".
A bench of Justices Abhay S Oka and Pankaj Mithal, which set aside the order of conviction and life sentence to two accused in a murder case, said it is surprising that both the trial court and the high court overlooked the critical aspect of tutoring of the witnesses in the case.
The high court observed there was no final adjudication on the subject matter at this stage as the ADJ was yet to hear Bloomberg.
The Supreme Court on Monday sought a response from Payal Abdullah, the estranged wife of Omar Abdullah, on a plea filed by the National Conference leader seeking divorce on grounds of cruelty.
The Congress on Thursday said former party chief Rahul Gandhi will file an appeal against a Gujarat court verdict holding him guilty in a 2019 criminal defamation case, and alleged that the government was after him for speaking the truth and bringing to light its 'misdeeds'.
A division bench of the high court of Karnataka has set aside an order of a designated economic court that ordered blocking of @INCIndia and @BharatJodo Twitter handles calling it "punitive action."
In a disciplined force like the Indian Army seniority has all the importance, the Supreme Court said while commuting the life sentence of a non-commissioned officer held guilty for killing his colleague during an altercation over seniority.
Beleaguered edtech firm Byju's has moved the Karnataka high court challenging the order of the National Company Law Tribunal (NCLT) restraining it from going ahead with the second rights issue. The plea is likely to come up for hearing on Monday. The orders of NCLT were expected to be challenged before the National Company Law Appellate Tribunal (NCLAT).
Congress leader Rahul Gandhi on Monday told a sessions court in Surat his conviction by a magistrate's court in a 2019 defamation case over his "Modi surname" remark was erroneous, patently perverse, and he was sentenced in a manner so as to attract disqualification as a member of Parliament.
Appearance through video conferencing, refraining from making comments on the physical appearance and educational background of government officials and reasonable time frame for compliance of judicial orders are some of the suggestions enumerated in the Standard Operating Procedure (SOP) the government has submitted to the Supreme Court for consideration.
Out of 3,871 recovery certificates issued by the regulator in various cases, 807 have been certified as difficult to recover.
The Supreme Court said on Thursday that the purpose of criminal proceedings is to bring a wrongdoer to justice and not to seek revenge or pursue vendetta.
In a relief to former Mumbai police officer Pradeep Sharma, the Supreme Court on Monday said he need not surrender till further orders to undergo the life term awarded to him in a 2006 fake encounter case.
A bench of Justices BV Nagarathna and N Kotiswar Singh, which issued notice on the plea of the Congress against the March 13 high court order, however, said the ITAT can proceed on the political party's appeal.
'How can one expect fair elections in such a situation when funds to the tune of Rs 270 crore have been freezed or taken away by the Income Tax authorities from Congress party's accounts'
The Supreme Court on Tuesday granted bail to activist Gautam Navlakha in the Elgar Parishad-Maoist links case.
President Mohammed Shahabuddin said he did not have any documentary evidence of Hasina resigning as prime minister before she fled the country on August 5 amidst student-led mass protests.
The HC noted that there is no reasonable ground to stay the conviction.
According to the report, Khawar Qureshi will continue to represent Pakistan in the court.
The Election Commission of India has told the Supreme Court it passed a "well-reasoned" order recognising the Maharashtra Chief Minister Eknath Shinde-led faction as the real Shiv Sena and allotting to it the original 'bow and arrow' symbol in its quasi-judicial capacity.
