The speaker of Parliament or a legislative assembly can decide on the notice seeking his recusal from dealing with disqualification pleas of lawmakers subject to judicial review and can ascertain whether such applications are bona fide or intended only to evade disciplinary action, the Supreme Court said on Thursday.
It said in a parliamentary democracy, the speaker is an officer of the assembly and performs the function of presiding over the House proceedings and representing the House for all intents and purposes.
"How can the judge go into postmortem report etc. We are hearing a bail matter, we do not want to prolong.This way of going into merits and going into wounds etc. is unnecessary for the question of bail," the bench observed.
The Supreme Court's decision to allow borrowers a chance to be heard before their accounts are flagged as fraudulent by lenders is expected to result in several cases being reopened where the borrower is aggrieved because of such classification, bankers said. Still, the reopening of cases would not be automatic. A borrower who is aggrieved by the 'fraud' classification will have to approach the bank and consequently, the bank will take the necessary steps so that the apex court's order is followed in letter and spirit, they said.
The Centre on Monday told the Supreme Court that it has filed a fresh plea seeking reference to a larger bench a matter involving a constitutional issue related to the control of services in the national capital.
The Supreme Court will hear a batch of pleas on the Maharashtra political crisis filed by the Shiv Sena factions led by Uddhav Thackeray and Eknath Shinde on November 29, when it is likely to issue some directions.
The Special Marriage Act, 1954 provides a legal framework for the marriage of people belonging to different religions or castes. It governs a civil marriage where the state sanctions the marriage rather than the religion.
The Centre referred to the controversial judgement of the US Supreme Court in the Dobbs case in support of its contention that the judiciary should not venture into the domain of the legislature.
A bench of Chief Justice D Y Chandrachud and Justice Hima Kohli said it will not interfere with the high court order granting bail to Teltumbde.
'We desire to see our children and children-in-law find legal acceptance for their relationship...' Chintan Girish Modi on how parents of LGBTQIA+ Indians have appealed to Chief Justice Chandrachud to 'consider the plea for marriage equality'.
The Supreme Court on Friday referred to a five-judge Constitution bench the dispute between the Centre and the Delhi government over control of services in the national capital.
The Supreme Court on Monday permitted the Maharashtra government to withdraw an appeal filed by the state during the previous Uddhav Thackeray dispensation against a Bombay high court's 2020 order suspending the probe in two FIRs filed against Republic TV editor-in-chief Arnab Goswami for allegedly making inflammatory comments.
Ram Sethu, also known as Adam's bridge, is a chain of limestone shoals between Pamban Island, off the south-eastern coast of Tamil Nadu, and Mannar Island, off the north-western coast of Sri Lanka.
A bench headed by Chief Justice DY Chandrachud was hearing a plea of several unsuccessful candidates of the higher judicial services examination held recently in Rajasthan.
A five-judge Constitution bench headed by Chief Justice D Y Chandrachud told Solicitor General Tushar Mehta, appearing for the Centre, that the nature and tenability of the preliminary objection will depend on the canvass the petitioners open up and the court wants to have a view of their argument.
Directing the Centre, states and Union Territories (UTs) to ensure the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist.
The apex court also ordered the Election Commission of India not to decide till August 25 the application filed by Maharashtra's Chief Minister Eknath Shinde camp for recognition as the 'real Shiv Sena' party and allotment of the bow and arrow symbol to it.
A gay couple has moved the Supreme Court of India seeking legal recognition of same-sex marriages under the Special Marriage Act and to issue appropriate directions to the authorities concerned to allow them to solemnise their marriage.
The bench, also comprising justices Surya Kant and Hima Kohli, said that it will have to take the consent of the judge concerned and will consider names of even former apex court and high court judges for monitoring the probe in the sensational case and pronounce the same on Wednesday.
The Supreme Court on Wednesday agreed to consider the PIL which has sought a lifetime disqualification of an elected representative following conviction in a criminal case.
The Supreme Court on Wednesday directed the Centre and the Indian Air Force to consider granting permanent commission (PC) to 32 retired women short service commission (SSC) officers based on their suitability for the purpose of giving them pensionary benefits.
Terming forced religious conversion a "very serious" issue, the Supreme Court on Monday asked the Centre to step in and make sincere efforts to check the practice.
It, however, asked the Delhi police to file its response on action taken in the hate speeches made here within two weeks.
The Supreme Court is scheduled to hear on Monday a plea on the recent breach in Prime Minister Narendra Modi's security in Punjab.
The Supreme Court said on Thursday that once a government is democratically elected in accordance with law, there is a presumption that it enjoys the confidence of the house and there must exist some objective material to dislodge this presumption.
A bench comprising Chief Justice NV Ramana and justices Krishna Murari and Hima Kohli was urged by a counsel for the woman that the matter has not been listed today as every passing day is important for her.
The Supreme Court on Wednesday adjourned hearing on the plea of the Board of Control for Cricket in India seeking to amend its constitution with regard to the tenure of its office bearers including president Sourav Ganguly and secretary Jay Shah.
The plea also sought carbon dating of the 'Shivling' to ascertain its age.
A bench comprising Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli has listed as many as 12 PILs, including the ones filed by Editors Guild of India and veteran journalists N Ram and Sashi Kumar, for hearing on February 23.
A bench headed by Chief Justice NV Ramana is likely to pronounce its verdict at 10:30 am on Monday.
The CJI said a bench headed by Justice DY Chandrachud will hear the dispute between the Centre and the Delhi government.
Bharatiya Janata Party leader Shahnawaz Hussain on Thursday moved the Supreme Court (SC) against the Delhi high court's recent order to register a first information report (FIR) against him in the alleged 2018 rape case.
The law officer said nothing remains in the matter after the privacy judgement.
Shiv Sena leader Eknath Shinde's faction on Thursday told the Supreme Court that pleas related to the June 2022 Maharashtra political crisis fell within the realm of politics and judiciary cannot be asked to adjudicate the issue.
A bench comprising Chief Justice N V Ramana and Justices A S Bopanna and Hima Kohli took note of the submissions of senior advocate Indira Jaising, appearing for former MP Mohammad Adeeb, and said state government officials have not been following the 2018 apex court judgment issuing a slew of directions to stop hate crimes.
The Supreme Court on Tuesday said a five-judge Constitution bench would hear on November 9 the legal issue concerning the scope of legislative and executive powers of the Centre and Delhi government over control of services in the national capital.
The HC said the situation in Delhi is fairly dynamic and cases of coronavirus are spiralling.
The court questioned the AAP govt for "doing everything under the Sun to 'unlock' things".
The Supreme Court on Wednesday agreed to hear on July 26 the plea of Bharatiya Janata Party leader Subramanian Swamy seeking a direction to the Centre to declare the 'Ram Setu' as a national heritage monument.
A bench of Justice Chandrachud and Hima Kohli got annoyed when a lawyer sought time to argue a matter and said he has circulated a letter for adjournment.
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