Supreme Court Weekly Roundup (8th January 2023-14th January 2023)

Update: 2023-01-15 05:04 GMT
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Striking down of Section 10(26AAA) Income Tax Act, recognition of the right of States to constitute Committees on Uniform Civil Code, PILs on recognition of menstrual leaves and the Joshimath sinking, along with hearings on the Bhopal Gas Tragedy and the Delhi Government versus the LG dispute – a lot has happened in the Supreme Court of India this past week. This report provides links...

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Striking down of Section 10(26AAA) Income Tax Act, recognition of the right of States to constitute Committees on Uniform Civil Code, PILs on recognition of menstrual leaves and the Joshimath sinking, along with hearings on the Bhopal Gas Tragedy and the Delhi Government versus the LG dispute – a lot has happened in the Supreme Court of India this past week. This report provides links and summaries of all judgements/orders along with news reports covered by Live Law from 8th January to 14th January 2023. 
  • Judgements/Orders

Income Tax Act | Writ Petition Can Be Entertained To Examine If Conditions To Issue Section 148 Notice Are Satisfied : Supreme Court

Case Title: Red Chilli International Sales Versus ITO

Citation: 2023 LiveLaw (SC) 16

Coram: Justices Sanjiv Khanna and MM Sundresh

The Supreme Court set aside an order of the Punjab and Haryana High Court which dismissed a writ petition filed by an assessee against a notice issued under Section 148A of the Income Tax Act 1961 for reopening assessment.

Supreme Court Stays Kerala HC Order Which Prohibited Use Of Ad-Wrapped Buses For Transporting Sabarimala Pilgrims

Case Title: KSRTC Vs State of Kerala | SLP (C) NO. 23478/2022

Coram: Justices Surya Kant and JK Maheshwari

In a temporary relief to the Kerala State Road Transport Corporation(KSRTC), the Supreme Court stayed a direction passed by the Kerala High Court on December 12 that buses wrapped with advertisements shall not be used for transporting Sabarimala pilgrims in Nilakkal-Pamba route.

States Have Power To Constitute Committees On Uniform Civil Code : Supreme Court

Case Title: Anoop Baranwal vs Union of India | WP(C) No. 1086/2022 | 9 Jan 2023 

Citation: 2023 LiveLaw (SC) 22

Coram: CJI D Y Chandrachud and Justice P S Narasimha

Supreme Court bench refused to entertain a public interest litigation (PIL) challenging the decision of States of Uttarakhand and Gujarat to constitute committees to introduce and implement Uniform Civil Code (UCC).

Specific Performance - Adverse Inference Cannot Be Drawn Against A Plaintiff Merely Because He Did Not Produce His Bank Passbook: Supreme Court

Case Title: Basavaraj vs Padmavathi | CA 8962-8963 OF 2022 | 5 Jan 2023 

Citation: 2023 LiveLaw (SC) 17

Coram: Justices M R Shah and B V Nagarathna

The Supreme Court observed that adverse inference cannot be drawn against a plaintiff in a suit for specific performance for not producing his passbook unless he was called upon to produce it. 

Goods Manufactured On “Diversification” Must Be “Different”, “Distinct” & “Separate” In Nature To Claim Exemption U/Sec 4-A (5) UP Trade Tax Act: Supreme Court

Case Title: AMD Industries Limited vs Commissioner of Trade Tax | CA 108 OF 2013 | 9 January 2023 

Citation: 2022 LiveLaw (SC) 18

Coram: Justices M R Shah and Krishna Murari

The Supreme Court observed that the goods manufactured on “diversification” must be a “different”, “distinct” and a “separate” good in nature so as to claim exemption under Section 4-A (5) of the U.P. Trade Tax Act.

Decree Of Possession Can't Be Passed In Favour Of Plaintiff Merely Because Defendants Could Not Fully Establish Their Title : Supreme Court

Case Title: Smriti Debbarma (D) vs Prabha Ranjan Debbarma | CA 878 OF 2009 | 4 Jan 2023 

Citation: 2022 LiveLaw (SC) 19

Coram: Justices Sanjiv Khanna and J K Maheshwari

The Supreme Court observed that a decree of possession cannot be passed in favour of the plaintiff merely because defendants were not able to fully establish their right, title and interest in the property.

Starting Point Of Limitation U/Section 34(3) Arbitration Act In Cases Of Suo Motu Correction Of Award : Supreme Court Explains

Case Title: USS Alliance vs State of Uttar Pradesh | SLP(C) 23676/2022 | 6 January 2023 

Citation: 2023 LiveLaw (SC) 20

Coram: Justices Sanjiv Khanna and MM Sundresh

The Supreme Court observed that the starting point for the limitation under Section 34(3) Arbitration and Concliation Act, in case of suo moto correction of the award, would be the date on which the correction was made and the corrected award is received by the party.

Supreme Court Prohibits Conversion Of Residential Units Into Floor-Wise Apartments In Chandigarh Phase 1 To Protect 'Corbusier' Heritage

Case Title: Residents Welfare Association & Anr. v. The Union Territory of Chandigarh & Ors. | Special Leave Petition (Civil) No. 4950 of 2022

Citation: 2023 LiveLaw (SC) 24

Coram: Justices B.R. Gavai and BV Nagarathna

In a significant development, the Supreme Court slammed the rampant practice prevalent in Chandigarh city of converting single residential units into apartments, in view of the heritage status of India’s first planned city as well as the principle of sustainability. 

Make Environmental Impact Assessment Mandatory For Urban Development, Recommends Supreme Court; Cites Condition Of Bengaluru As Warning

Case Title: Residents Welfare Association & Anr. v. The Union Territory of Chandigarh & Ors. | Special Leave Petition (Civil) No. 4950 of 2022

Citation : 2023 LiveLaw (SC) 24

Coram: Justices B.R. Gavai and BV Nagarathna

While issuing directions to preserve the heritage of 'Corbusier' Chandigarh, the Supreme Court strongly urged the legislature and executive wings of the centre and the states to consider the harmful effects of ‘haphazard’ urban planning and take mitigative measures to ensure that the environment is not sacrificed at the altar of development.

Criminal Proceedings For Dowry Demand Cannot Be Quashed Merely Because Divorce Petition Is Pending: Supreme Court

Case Title: X vs State of Uttar Pradesh | CrA 25 OF 2023 | 4 Jan 2023 

Citation: 2023 LiveLaw (SC) 26 

Coram: Justices M R Shah and C T Ravikumar

The Supreme Court observed that criminal proceedings for demand of dowry cannot be quashed merely because divorce petition is pending.

'Woman Not A Chattel, Has Identity Of Her Own; Marriage Won't Take Away Her Identity' : Supreme Court Strikes Down Income Tax Provision

Case Title: Association of Old Settlers of Sikkim vs Union of India | WP(C) 59 OF 2013 | 13 January 2023

Citation: 2023 LiveLaw (SC) 28 

Coram: Justices M R Shah and B V Nagarathna

The Supreme Court held that excluding Sikkimese woman merely because she marries a non-Sikkimese after 01.04.2008 from exemption provision under Section 10(26AAA) Income Tax Act is is totally discriminatory and thus unconstitutional.

Levy Of Additional Special Road Taxes Not A Penalty, But Regulatory : Supreme Court Upholds Section 3A(3) HPMVT Act

Case Title: State of Himachal Pradesh vs Goel Bus Service Kullu | CA 5534-5594 of 2011 | 13 Jan 2023 

Citation: 2023 LiveLaw (SC) 27

Coram: Justices Sanjay Kishan Kaul, Abhay S. Oka Vikram Nath

The Supreme Court upheld the constitutional validity of levy of additional special road tax under Section 3A(3) of Himachal Pradesh Motor Vehicles Taxation Act, 1972.

'Reasonable Time Should Be Given For Investigation' : SC Sets Aside Madras HC Order Quashing FIR Against YouTuber Maridhas In 4 Days

Case Title: State represented by The Inspector of Police Vs Maridass and Anr | Crl. A. No. 67/2023

Citation : 2023 LiveLaw (SC) 25

Coram: Justices MR Shah and CT Ravikumar

The Supreme Court has set aside an order of the Madurai Bench of the Madras High Court which had quashed criminal proceedings registered against YouTuber Maridhas Malaichamy for an alleged tweet.

Exclusion Of 'Old Indian Settlers' From Definition Of Sikkimese In Section 10(26AAA) Income Tax Act Unconstitutional: Supreme Court

Case Title: Association of Old Settlers of Sikkim vs Union of India | WP(C) 59 OF 2013 | 13 January 2023

Citation: 2023 LiveLaw (SC) 28

Coram: Justices M R Shah and B V Nagarathna

The Supreme court held that the exclusion of old Indian settlers, who have permanently settled in Sikkim prior to merger of Sikkim with India on 26.04.1975 from the definition of “Sikkimese” in Section 10(26AAA) of Income Tax Act is unconstitutional .

  • News Report

Post 2014, The Ruling Dispensation Does Not Pretend To Defend India's Liberal Democracy: Senior Advocate Indira Jaising

Senior Advocate Indira Jaising, while referring to the Central Government said that the "ruling dispensation no more pretends to defend liberal democracy and instead tries to convince us that the freedom struggle never happened and is rather happening now." Jaising was speaking at the 'Save the Constitution, Save the Country' convention organised by the All India Lawyers Union in Delhi.

India's Constitutional Values Are In Danger, Situation Worse Than Emergency : Sr Adv Raju Ramachandran

Senior Advocate Raju Ramachandran said that, "Judges of the Supreme Court and the superior judiciary most be extra strong in resisting executive interference and in ruling against executive excesses. That is where the judiciary has had a very mixed record. One can pray for the sake of democracy and constitution that both judiciary and the media rise to the occasion."

PIL On Joshimath Sinking Mentioned In Supreme Court

Religious leader Swami Avimukteshwaranand Saraswati has approached the Supreme Court of India through a Public Interest Litigation pertaining to the recent land sinking incidents in Joshimath. The PIL seeks for Joshimath to be declared as a National Disaster and direct the NDMA to actively support the residents of Joshimath.

Supreme Court Bench Refers To Justice KM Joseph's Bench Brinda Karat's Plea For Hate Speech FIR Against BJP Leaders

The Supreme Court bench comprising Justices Sanjiv Khanna and M M Sundresh has observed that the petition filed by CPI(M) leader Brinda Karat, seeking registration of FIR against BJP leaders Anurag Thakur & Parvesh Verma for alleged hate speeches in 2020, be listed before the bench headed by Justice K M Joseph before whom similar matters are pending.

Supreme Court Issues Notice On Andhra Pradesh Govt Plea Seeking Division Of Assets With Telangana

Supreme Court bench comprising Justices Sanjiv Khanna and M M Sundresh issued notices in a writ petition filed by the State of Andhra Pradesh for division of assets and liabilities with the State of Telangana under the Andhra Pradesh Reorganization Act, 2014. The petition filed by the government of Andhra Pradesh seeks a "fair, equitable and expeditious" division of assets and liabilities of the erstwhile State of Andhra Pradesh between the States of Andhra Pradesh and Telangana, in terms of the Apportionment made under the Andhra Pradesh Reorganisation Act, 2014.

Should Chargesheets Be Uploaded Online For Public Access? Supreme Court Reserves Order On PIL, Expresses Reservations

The Supreme Court reserved orders on whether to issue notice on a PIL which seeks a direction that police and investigating agencies like CBI, ED etc., should upload the chargesheet filed in cases in a public platform for easy access by the general public.

Supreme Court Directs Centre To Disburse Arrears Under 'One Rank One Pension' Scheme By March 15, 2023

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha asked the Central Government to comply with its earlier order to disburse the arrears to eligible pensioners of the armed forces by 15th March 2023.

Gautam Navlakha Requests Permission To Attend International Call From Daughter; Supreme Court Seeks NIA Response

Advocate, Ms. Nithya Ramakrishnan, appearing on behalf of human rights activist Gautam Navalakha, accused in the Bhima Koregaon case, who is presently in house arrest, sought the permission of the Supreme Court to receive a call from his daughter living in Spain.

Sexual Harassment Allegations Against Ex-Judge : Supreme Court Asks If It Is Necessary To Go On With Defamation Suit

While hearing a petition moved by a woman in 2014 seeking transfer of a defamation suit filed by a former judge of the Supreme Court from Delhi High Court, the Supreme Court, raised a query whether it is necessary to go on with the defamation suit. The former judge had filed the defamation suit against the woman in the Delhi High Court after she alleged that she was sexually harassed by him while she was a law intern.

Supreme Court Dismisses West Bengal Govt's Plea Against PIL In Calcutta HC Over Teacher Recruitment Scam

The Supreme Court refused to entertain a petition filed by the State of West Bengal questioning the maintainability of Public Interest Litigation before the Calcutta High Court, alleging irregularities, illegalities and corruption in the recruitment of Assistant Teacher in Primary Schools of the State on the basis of Teacher Eligibility Test (TET), 2014.

"Very Serious Matter" : Supreme Court Asks Attorney General To Assist In Religious Conversions Case

The Supreme Court asked the Attorney General for India, R Venkataramani to assist the court in the plea seeking to curb forceful and deceitful religious conversions. A Bench of Justices MR Shah and CT Ravikumar also changed the case title of the PIL filed by BJP leader Ashwini Upadhyay as "In Re : Issue of religious conversion", while adjourning the matter to February 7.

Challenge To Places Of Worship Act : Supreme Court Gives Further Extension To Centre

The Supreme Court further extended the time for the Union Government to file its counter-affidavit in a batch of petitions challenging the Places of Worship (Special Provisions) Act 1991, which prohibits the conversion of a religious structure from its nature as it stood on the date of independence.

Supreme Court Asks States To Submit Suggestions For Model Builder-Buyer Agreement With Mandatory RERA Clauses

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha asked states to submit suggestions to the Union Ministry of Housing and Urban Affairs on the model builder-buyer agreement with the mandatory provisions of the Real Estate (Regulation and Development) Act 2016 (RERA Act).

Buffer Zone : Kerala Govt Moves Supreme Court Seeking Relaxation In 1 Km ESZ Around Protected Forests

The State of Kerala has approached the Supreme Court with an application seeking relaxation of the order of the Apex Court dated 03.06.2022, mandating a minimum 1 Km Eco Sensitive Zone around all protected forests in the country.

Bihar Hooch Tragedy : Supreme Court Refuses To Entertain Petition Seeking SIT Probe

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha refused to entertain a PIL seeking the formation of a Special Investigation Team to probe into the Hooch tragedy in Bihar. The petitioner Aryavarta Mahasabha Foundation, an NGO, had also sought for a national plan to curb the manufacturing and sale of illicit liquor and a direction of payment of compensation to the families of victims.

Kalkaji Temple : Supreme Court Refuses To Stay Eviction Notices Issued Against Unauthorised Occupants

The Supreme Court refused to entertain applications by occupants of the encroachments within the Kalkaji Temple premises seeking stay of eviction notices issued to them by the Administrator appointed as per the directions of the Delhi High Court.

'Restrictions On Egg Donations Unreasonable' : Another Plea By IVF Specialists Challenging ART Act; Supreme Court Issues Notice

The Supreme Court issued notice on a petition challenging certain provisions of the Assisted Reproductive Technique (Regulation) Act, 2021 and the Assisted Reproductive Technique (Regulation) Rules, 2022, and directed it to be tagged with another pending plea on a similar issue.

Kaleshwaram Lift Irrigation Project : Supreme Court Clarifies Status Quo Order

The Supreme Court issued some clarifications with respect to its order dated 27th July, 2022 directing status quo on the Kaleshwaram Lift Irrigation Project (KLIP), including the land acquisition process.

Supreme Court Issues Notice In Another Plea Challenging Marital Rape Exception

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha issued notice in another petition challenging the validity of the marital rape exception. Earlier, the Supreme Court had listed the matters concerning the validity of the marital rape exception in the second week on January 2023.

Supreme Court Bench Led By CJI To Hear Mentioning Matters Before Constitution Bench Assembles

As per a notice issued yesterday, the Constitution bench led by Chief Justice of India DY Chandrachud will assemble after CJI Chandrachud and Justice PS Narasimha's division bench has heard mentioning matters. This is contrary to usual practice as per which when the CJI sits in a Constitution bench, mentionings are made before the next senior judge.

79% Of High Court Judges Appointed In Last 5 Years From Upper Castes, Scheduled Castes & Minorities 2% : Centre Tells Parliamentary Panel

A presentation given by the Union Government to the Parliamentary Standing Committee on Law and Justice gives an indication of the social diversity in the judiciary. According to the presentation, 79% of the High Court judges appointed during the period 2018-2022 are from upper castes(general category). 

Joshimath Crisis| Everything Important Need Not Come To Us, There Are Democratic Institutions To See This : Supreme Court On PIL

The Supreme Court of India listed religious leader Swami Avimukteshwaranand Saraswati's PIL pertaining to the recent land sinking incidents in Joshimath on 16th January 2023.

Don't Tell Me Practice, I'll Decide What Practice Happens In My Court: CJI DY Chandrachud To Sr Adv Vikas Singh

“Don't tell me practice, I'll decide what practice happens in my court,” CJI DY Chandrachud orally remarked, irked by the submissions of Senior Advocate Vikas Singh seeking listing of a case.

Shiv Sena Rift | Supreme Court Constitution Bench Lists Matter On 14th February 2023

A constitution bench of the Supreme Court has listed the pleas concerning the constitutional issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups on 14th February 2023. The matter was listed before a bench comprising Chief Justice of India D.Y. Chandrachud, Justices M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha.

Supreme Court Judge Justice BR Gavai Apologises For 2 Months Delay In Pronouncing Judgement

“Apologies for the delay in delivering the judgement,” said Supreme Court judge, Justice B.R. Gavai, setting an example to be followed by the judiciary. A Bench of Justices B.R. Gavai and M.M. Sundresh was pronouncing the judgment in a plea against the rampant practice of the conversion of single residential units into apartments in the city of Chandigarh.

Supreme Court Advises Young Lawyers : Don't Come To Court If You Aren't Fully Prepared With The Matter

The Supreme Court of India took serious exception to young lawyers coming to Court without sufficiently preparing for cases. The bench was prompted to make these observations after it noted that an advocate came under-prepared for a case.

'All Constitutional Institutions Gone, People Can Only Turn To Courts' : Sr Adv Dushyant Dave Tells Telangana HC In BRS MLA Poaching Case

While arguing an appeal before the division bench of the Telangana High Court against an order of the Single Judge handing over the probe in the BRS MLAs poaching case to the CBI, Senior Advocate Dushyant Dave said, “All Constitutional institutions are gone. Judiciary is loved the most these days.”

PIL Seeking Menstrual Leave Filed Before Supreme Court

A Public Interest Litigation (PIL) seeking menstrual leave for female students and working women across India has been filed in the Supreme Court of India. The petition has been filed by Advocate Shailendra Mani Tripathi.

DGP Appointment : Is Concurrence Of Officer On Central Deputation Necessary? Supreme Court Asks MHA

The Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha sought the response of the Central government on whether concurrence of an IPS officer, who is on Central government deputation, is necessary before his appointment as Director General of Police (DGP) in a State. The direction was passed in a plea concerning the appointment of DGP in the State of Nagaland.

Assam Accord : Supreme Court To Decide Constitutionality Of Section 6A Of Citizenship Act As Preliminary Issue

A Constitution Bench of the Supreme Court framed the preliminary issue in the matter concerning the constitutional validity of Section 6A of the Citizenship Act inserted by way of an amendment in 1985 in furtherance of the Assam Accord. The bench noted that the issue - "Whether Section 6A of the Citizenship Act suffers from any constitutional infirmity?" covered all other issues that arose in the matter.

Supreme Court Asks Delhi Govt To Consider Registry's Request For Additional Medical Facilities In SC Premises

The Supreme Court has asked the Health Secretary, Delhi Government to consider and decide the requisition moved by the Supreme Court Registry seeking additional health facilities in the Supreme Court premises.

Bhopal Gas Tragedy : How Can Centre Now Seek To Reopen Its Settlement With Union Carbide ? Supreme Court Asks AG

A Constitution Bench of the Supreme Court, commenced with the hearing of Centre’s curative petition filed in 2010 seeking additional compensation for Bhopal gas tragedy victims from US-based corporation, Union Carbide (now owned by Dow Chemicals). During the course of the hearing the Court raised queries regarding the scope of the curative petition that was filed almost 19 years after the judgment was pronounced in the matter.

Delhi vs Centre | Exclusion Of Power Over Civil Services Negates Purpose Of State Governance, Negates People's Will : Singhvi Tells SC

The Supreme Court commenced hearing on the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of Delhi. The five-judge bench of Chief Justices D. Y. Chandrachud, M. R. Shah, Krishna Murari, Hima Kohli and P. S. Narasimha heard Senior Advocate Dr. Abhishek Manu Singhvi, for the government of NCT of Delhi. Last year, a 3-judge bench had referred the matter to the Constitution Bench.

Google vs CCI : Supreme Court Agrees To Hear Google's Plea Against NCLAT Order To Deposit 10% Penalty On Jan 16

The Supreme Court has listed on January 16 tech-giant Google's plea challenging the order of National Company Law Appellate Tribunal(NCLAT) which declined to stay the Competition Commission of India’s (CCI) decision to impose Rs 1,338 crore penalty on it for unfair and anti-competitive practices in relation to Android phones. 

As The Bengaluru Police Seeks Disclosure Of A Journalist’s Source, The Legal Position In India Leans In Favour Of Its Protection

On January 5, the Bengaluru Police issued a notice to founder and editor of news portal, The File, G.Mahantesh, in connection with a case pertaining to an e-office file noting of the Karnataka Education Department which the portal published. 

5 Years Needed To Complete Lakhimpur Kheri Case Trial, Sessions Court Informs Supreme Court

The trial court in Uttar Pradesh handling the Lakhimpur Kheri case relating to the killing of farmers in October 2021 reported to the Supreme Court that it will take at least 5 years to complete the trial.

'Women Contributed To Drafting Constitution' : CJI DY Chandrachud Explains Why He Wrote 'Founding Fathers & Mothers Of Constitution'

During the hearing of the dispute between the Delhi Government and the Centre over the control of civil services, Chief Justice of India DY Chandrachud explained why he chose to use the expression "founding fathers and mothers of the Constitution" in the 2018 Constitution Bench judgment in Govt of NCT of Delhi v Union of India.

Supreme Court Dismisses Centre's Plea Alleging Bias Against Foreign Arbitrators In Reliance Industries Arbitration

The Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha dismissed the central government's appeal which had sought to cease arbitration proceedings initiated by Reliance industries, BP Exploration, and Niko Resources against the Ministry of Petroleum and Natural Gas. The arbitration proceedings were initiated over a $400-million cost recovery dispute involving natural gas exploration in the KG-D6 block.

Supreme Court To Hear Plea Challenging Bihar Caste Census On January 20

A Public Interest Litigation (PIL) petition has been filed in the Supreme Court challenging caste-based census in Bihar. Chief Justice of India DY Chandrachud agreed to list the petition in the coming week after the matter was mentioned before him for urgent posting.

'Public Posturing From Judicial Platforms Not Good ': Vice President Hits Out At Supreme Court Again; Says He Declined AG's Message

"Public posturing from judicial platforms is not good", said Vice President Jagdeep Dhankhar in a fresh criticism against the judiciary, ignoring the disapproval expressed by the Supreme Court of his earlier public comments on the collegium system.

Krishna River Originates In Maharashtra, But We Get A Pittance : State Counsel Tells Supreme Court; Questions Andhra Pradesh's Stand

While arguing the plea seeking directions to the Jal Shakti Ministry to notify the final award passed by the Krishna Water Dispute Tribunal, Senior Advocate Shekhar Naphade, appearing for the State of Maharashtra, submitted before the Supreme Court that lack of bona fide was writ large in the stand taken by State of Andhra Pradesh before the top Court.

'Avoid Tendency To Glorify Over-Work; Mental Health Important For Lawyers' : CJI DY Chandrachud

The stressful and competitive nature of legal profession is a factor for mental health issues among lawyers, said Chief Justice of India DY Chandrachud.

'Even Kerala HC Falls Within Buffer Zone' : Kerala Govt Seeks Relaxation Of ESZ Mandate; Supreme Court Agrees To Consider On Jan 16

“Even the Kerala High Court is within one kilometre of the Mangalavanam bird sanctuary,” Senior Advocate Jaideep Gupta informed the Supreme Court, while seeking a relaxation of the directive to declare one kilometre around protected forests as ecologically sensitive zones (ESZ) on behalf of the state government.

Bhopal Gas Tragedy: Supreme Court Expresses Displeasure At Centre Not Implementing 1991 Direction To Take Insurance Policies For Future Claims

During the course of the hearing, the Court noted that in one of its judgments in the proceedings, in 1991, it had directed the Union Government to take out insurance policies for at least 1 lakh people, so that it can take care of the future claims. However, it appears that the same had not been implemented by the Centre.

Legal Profession Feudalistic; Unwelcoming Of Women, Marginalised Communities: CJI Chandrachud Speaks About His Harvard Law Thesis & More

On 11th January 2023, the Harvard Law School Center on the Legal Profession presented Chief Justice DY Chandrachud with the Award for Global Leadership in recognition of his lifetime of service to the legal profession in India and around the world. The program included a conversation between Chief Justice Chandrachud and Professor David B. Wilkins who is the faculty director of the Center on the Legal Profession at Harvard Law School.

Govt Of NCT Vs UOI- ‘From 1992, Only 7 Cases of Difference of Opinion; LG Cleared All 18000 Files:SG Tushar Mehta Submits Before Supreme Court

The Supreme Court resumed hearing on the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of Delhi.

Rights Recognised In Judgments Continue To Remain A Pipe Dream For Marginalised Groups : CJI DY Chandrachud

While speaking with Professor Vikramaditya Khanna, a professor of law at the University of Michigan Law School, Chief Justice of India DY Chandrachud said that the rights recognized by the Courts in judgment, such as abortion rights, remain unattainable for many marginalized groups.

Govt Of NCT Vs UOI | No National Capital in Federal Systems Across World That Allows Services In Local Govt To Be Controlled By Centre: Adv Shadan Farasat Submits Before SC

Advocate Shadan Farasat commenced his arguments by posing a question to the bench. He asked– what is the interest of central government in controlling the services of a Union Territory of Delhi? While stating that there was none.

Lack Of Substance Marks The Ongoing Tussle Between The Executive And The Judiciary

The ongoing turf battle between the Union Government and the Supreme Court’s Collegium is getting curiouser and curiouser. What initially appeared to be a contest for primacy over judicial appointments is now turning out to be an open display of discord between the Constitutional functionaries.

AIADMK Leadership Rift : Supreme Court Reserves Judgement In O Paneerselvam's Plea

The Supreme Court of India reserved its judgment in a batch of pleas relating to the political tussle between the two factions of AIADMK - Edappadi Palaniswami (EPS)and AIADMK leader and former Tamil Nadu Chief Minister O. Panneerselvam (OPS) for leadership.

Ram Setu Matter : Supreme Court Turns Down Subramanian Swamy's Plea To Summon Cabinet Secretary After Centre Fails To File Counter Affidavit

Rajya Sabha MP Dr.Subramanian Swamy urged the Supreme Court to summon the Union Cabinet Secretary as the Union Government has not filed its counter-affidavit in his petition seeking national heritage status for Ram Setu. However, a bench led by Chief Justice of India DY Chandrachud turned down his request and gave Centre time till the first week of February 2023 to file its affidavit.

‘We Are Trying To See If He Improves His Behaviour’: Supreme Court Defers Sentencing Of Suraz India Trust Chairman Rajiv Daiya For Contempt

The Supreme Court deferred the sentencing of Suraz India Trust Chairman Rajiv Daiya, who has been found guilty of contempt of court for scandalising the Court and wasting its judicial time by filing repeated petitions with contemptuous allegations against judges and court staff. 

Supreme Court Summons Home Secretaries Of 4 States, 2 UTs For Not Submitting Data On Proclaimed Offenders, Persons Jumping Bail/Parole

The Supreme Court revealed that the states of Madhya Pradesh, Goa, Nagaland, Tamil Nadu, and Telengana, and the union territories of Lakshadweep and Puducherry have failed to submit data with respect to the number of proclaimed offenders and the number of persons who have jumped bail or parole, as directed in an earlier order. 

Various Measures Already Adopted To Curb ‘Money Power’ In Elections: Election Commission Tells Supreme Court

The Election Commission of India reassured the Supreme Court that it had, time and again, adopted various measures to curb the menace of ‘money power’ in elections, such as the election expenditure monitoring mechanism in place since the 2010 Bihar Assembly elections, and “will continue to do so”. 

Registry Has No Discretion, Newly Filed Cases Will Automatically Come On Specified Days : CJI DY Chandrachud

Chief Justice DY Chandrachud, while hearing mentionings, stated that it was not necessary for members of the bar to mention a matter unless it was urgent. He stated that matters would automatically come up and that the registry had no discretion over the same.

SC Hearing In Krishna River Water Dispute : Telangana Accuses Maharashtra & Karnataka Of Suppression Of Material Facts

While arguing against the Interim Application filed by the States of Karnataka and Maharashtra seeking directions to the Jal Shakti Ministry to notify the final award passed by the Krishna Water Dispute Tribunal, Senior Advocate CS Vaidyanathan, appearing for the State of Telangana, submitted before the Supreme Court that there was material suppression of facts by both the states in their Interim Application and that they have come before the court with unclean hands.

Bhopal Gas Tragedy : Union Carbide Opposes Centre's Curative Plea For Additional Compensation; Supreme Court Reserves Judgment

A Constitution Bench of the Supreme Court reserved judgment in Centre’s curative petition against the Union Carbide Corporation seeking additional compensation for victims of the Bhopal Gas Tragedy.

‘What Is The Purpose Of Elected Govt. If The Administration Is To Be Carried Out Only At The Beck And Call of The Central Govt.?’: SC Asks SG in Govt Of NCT Vs UOI

The Supreme Court resumed hearing on the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of Delhi.

Identification Of Minorities : Centre Files Report In Supreme Court With Views Of States

The Central Government has submitted its Status Report, in a batch of petitions seeking district-wise identification of minorities, before the Supreme Court of India after consultations with the State Governments and other stakeholders on the issue of 'identification and notification of religious and linguistic minorities' based on the top court's earlier order.

Bhima Koregaon Case : Supreme Court Judge Justice Dipankar Datta Recuses From Hearing Bail Applications Of Accused

Supreme Court judge, Justice Dipankar Datta recused himself from hearing the bail applications of Bhima Koregaon case accused Vernon Gonsalves and Arun Ferreira. The petitions filed against the Bombay High Court's refusal to grant them bail were listed before a Division Bench of Justices Ravindra Bhat and Dipankar Datta. As soon as the matter was taken, Justice Datta announced that he was recusing.

When Accused Says Who Should Investigate Case, It Raises Serious Question: Supreme Court

It raises questions when the accused tells who should investigate the case, the Supreme Court of India commented. A Bench of Justices Dinesh Maheshwari and Hrishikesh Roy orally observed, "when there's a single word itself from the accused as to who is to investigate the case, that raises a serious question".

'Why 5 Months For FIR?' : Supreme Court Questions Delhi Police's Delay In Hate Speech Case Over Hindu Yuva Vahini Meet

The Supreme Court questioned the Delhi Police regarding its progress in the investigation in hate speech case over the Hindu Yuva Vahini event organised under the leadership of Sudarshan News TV editor Suresh Chavhanke in Delhi in December 2021.

Don't Treat P&H HC Judgment Allowing Minor Muslim Girl To Marry As Precedent, Says Supreme Court

The Supreme Court stated that the judgment of the Punjab and Haryana High Court in the case Javed v. State of Haryana and Others, which held that a Muslim girl aged 15 years can enter into a legal and valid marriage as per personal law, should not be relied upon as a precedent in any other case.

'How Long You'll Keep Him Inside?' : Supreme Court Grants Bail To Anand Rai, Vyapam Scam Whistleblower, Arrested By MP Police

The Supreme Court granted bail to Dr.Anand Rai, the whistleblower in the Vyapam scam, who was arrested in a case over alleged violence during a dharna.

Hate-Speech | 'Offending Anchors Must Be Taken Off Air; Media Should Not Create Division' : Supreme Court

While hearing a batch of petitions filed in relation to hate speech incidents, the Supreme Court expressed several concerns about the manner in which TV channels are functioning.

Making Law Commission Of India A Statutory Body Within Legislative Domain, Not Up To The Court: Supreme Court

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha denied BJP leader and Advocate Ashwini Upadhyay's prayer to make the 22nd Law Commission of India a statutory body on the ground that such a direction lied within the exclusive domain of the legislature.

Planning Criminal Law Amendments To Deal With Hate Speech : Centre Tells Supreme Court

The Supreme Court was informed that the Centre has plans to bring in a comprehensive legislative amendments to the criminal laws to deal with the issue of hate speech.

Uniform Marriage Age For Men & Women | Supreme Court Transfers Plea To Itself From Delhi High Court

The Supreme Court of India transferred petitions pending before the Delhi High Court seeking uniform age of marriage for both men and women to itself. The matter was heard by a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha.

Health And Wellness Centre Inaugurated In Supreme Court

A “Health and Wellness Centre” for the staff was inaugurated in the Additional Building Complex, Supreme Court of India.

Live Streaming | Keen On Having A Uniform Platform For All Courts : CJI DY Chandrachud

Chief Justice of India DY Chandrachud said that the efforts are being made for a uniform platform for live-streaming of Courts. At present, the live-streaming of proceedings of Constitution Bench hearings in the Supreme Court and also various High Courts are done through the respective YouTube channels of these Courts.

Supreme Court Constitutes 'Case Categorisation Advisory Committee' Headed By Justice PS Narasimha

The Supreme Court has constituted a committee called the "Case Categorisation Advisory Committee" for re-visiting the existing framework related to the categorisation of judicial matters according to the subject categories. The committee is headed by Justice PS Narasimha.

Justice Nagarathna Disagrees With Justice MR Shah In Two Civil Appeals

On January 13, Supreme Court judge Justice Nagarathna delivered two judgments expressing disagreement with the views expressed by her senior colleague Justice MR Shah in two cases.

Closing The Gates To Education: Violations Of Rights Of Muslim Women Students: PUCL’s Report On Hijab Ban

On 31st December, 2021, Government Girls PU College, Udupi imposed a sudden restriction on the hijab inside classrooms. The college enforced this restriction in the absence of any rule, resolution or guideline. The college uniform was a blue coloured chudidhar with dupatta, and they prohibited students from using the dupatta as a headscarf. Six students protested the move by sitting outside the classroom for 3 days and demanded that they be allowed to wear the hijab and attend classes.

Kali Poster Row : Filmmaker Leena Manimekalai Moves Supreme Court Seeking To Quash Multiple FIRs

Filmmaker Leena Manimekalai has filed a writ petition in the Supreme Court challenging the multiple FIRs registered against her in various states over the poster of her documentary titled "Kaali".

Change Of Bench In Plea Related To Religious Conversions; CJI DY Chandrachud-Led Bench To Hear On 16 January

A change of bench has taken place in the PIL filed in the Supreme Court alleging that mass religious conversions were taking place in India through forceful and fraudulent means.

Supreme Court Asks Maulvi Allegedly Involved In Forced Religious Conversion To Appear Before Gujarat Police

The Supreme Court asked an Islamic scholar and maulvi, accused of forcefully converting 37 Hindu families and 100 Hindus, to appear before the investigation agency for interrogation.

Supreme Court Asks UP Police To Produce Records Of Case Relating To Alleged Hate Crime Against Man

The Supreme Court of India heard the batch of pleas which sought to curb hate speech in the country. The hearing which almost ran into two hours was before a Division Bench Justices KM Joseph and BV Nagarathna.

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