Supreme Court Weekly Round-Up (29 July-04 August, 2024)

Orders/ Judgments

Supreme Court Refuses To Stay HC Judgment Nullifying Bihar's 65% Quota Law At Present Stage, Agrees To Hear State's Appeal

Case Details: THE STATE OF BIHAR VS. GAURAV KUMAR SLP(C) No. 014086 - / 2024

The Supreme Court on Monday (July 29) admitted the petition filed by the State of Bihar challenging the Patna High Court's order which had set aside the Bihar Amendment Laws increasing reservation for Backward Classes, Scheduled Tribes(STs), Scheduled Castes(SC) and Extremely Backward Classes to 65% from 50%.

Supreme Court Issues Notice To Bihar Govt On PIL Over Bridge Collapses

Case Details : BRAJESH SINGH VS. THE STATE OF BIHAR W.P.(C) No. 000462 / 2024

The Supreme Court issued notice in a PIL seeking directions to the Bihar government for a thorough structural audit and constitution of a high-level expert committee to identify any weak bridges that might need to be demolished or strengthened.

'Very Well Reasoned Judgment' : Supreme Court Dismisses ED's Challenge To HC Order Granting Bail To Hemant Soren

Case Title: Directorate of Enforcement v. Hemant Soren, SLP(Crl) No. 9599/2024

The Supreme Court dismissed Enforcement Directorate's plea challenging the Jharkhand High Court's judgment dated June 28 which granted bail to Jharkhand Chief Minister Hemant Soren in a money laundering case related to an alleged land scam.

NCP Rift | Supreme Court Issues Notice On Plea Of Sharad Pawar Group Against Maharashtra Speaker's Refusal To Disqualify Ajit Pawar Faction

Case Details : JAYANT PATIL VS. AJIT ANANTRAO PAWAR SLP(C) No. 007957 - 007959 / 2024

The Supreme Court issued notice in the petition filed by Sharad Pawar's NCP Faction challenging the refusal of the Maharashtra Assembly Speaker to disqualify members of the Ajit Pawar faction of the Nationalist Congress Party.

Supreme Court Seeks Reports From ASI & NMA In Plea To Protect Monuments In Delhi's Mehrauli

Case Details: Zameer Ahmed Jumlana v. Delhi Development Authority (DDA) & Ors. | Diary No. 6711 of 2024

The Supreme Court today (July 29) impleaded the Archaeological Survey of India (ASI) in a plea seeking protection for centuries-old religious structures inside the Mehrauli Archaeological Park in Delhi, including the 13th-century Ashiq Allah Dargah (1317 AD) and Chillagah of Baba Farid.

PC Act | Sanction Granted After Court Passed Cognizance Order Not Invalid : Supreme Court

Case Details: SHIVENDRA NATH VERMA v. UNION OF INDIA., arising out of SLP (Crl.) No. 12708/2023)., 2024 LiveLaw (SC) 518

The Supreme Court held that a sanction under Section 19(1) of the Prevention of Corruption Act won't be rendered invalid merely because it was granted after the trial court had taken cognizance of the chargesheet.

Supreme Court Rejects Ex-UP Judge's Defamation Plea Against Media Over Reports Alleging Corruption Behind Bail Granted To Politician

Case Title: RAJENDRA SINGH Versus SHOBHANA BHARTIA AND ORS., Diary No. 14723-2024 (and connected cases)

The Supreme Court today dismissed pleas filed by a former Uttar Pradesh District Judge against media outlets and senior journalists over the publishing of news reports in 2017, wherein allegations of corruption and impropriety in the judicial process were levelled against him.

'ED Can't Arrest After Court Takes Cognizance' : Supreme Court Grants Anticipatory Bail To Odisha Officer In Money Laundering Case

Case Title – Bijay Ketan Sahoo v. Enforcement Directorate., SLP (Crl.) No. 8325/2024

The Supreme Court granted anticipatory bail to Odisha Administrative Service (OAS) Officer Bijay Ketan Sahoo, who is accused of money laundering filed by the Directorate of Enforcement (ED) in connection with a disproportionate assets case.

Bar Councils Can't Collect Any Amount Exceeding Fee Specified Under S.24 Of Advocates Act For Enrolment : Supreme Court

Case Details : Gaurav Kumar v. Union of India W.P.(C) No. 352/2023 and connected cases.

The Supreme Court held that the enrolment fee cannot exceed Rs.750 for advocates belonging to the general category and Rs.125 for advocates belonging to SC/ST categories.

The Court categorically held that State Bar Councils cannot charge any amount over the above-specified amounts under the head of "miscellaneous fee", "stamp duty" or other charges.

Supreme Court Relaxes S.45 PMLA Conditions, Grants Bail Citing Long Custody & Time Needed To Complete Trial

Case Title: Ramkripal Meena Versus Directorate of Enforcement, SLP(Crl) No. 3205/2024

The Supreme Court today granted bail to Ramkripal Meena, who is accused of leaking and distributing question papers of the Rajasthan Eligibility Examination for Teachers, 2021 (REET), for a payment of Rs.1.20 crores.

The relief was granted in a case registered under the Prevention of Money Laundering Act (PMLA) in relation to the paper leak.

TN Entertainment Tax Act Not Applicable To Online Cinema Ticket Booking Charges : Supreme Court

Case Details: THE COMMERCIAL TAX OFFICER VS. PVR LIMITED., SLP(C). - .4312-4316/2022

The Supreme Court affirmed that entertainment tax cannot be levied on the internet service provided by the cinema owner under the Tamil Nadu Entertainment Tax Act, 1939.

Justice BV Nagarathna orally marked that the extra charge is for booking the ticket from home. This, in turn, is the service that allows the customers to book the tickets by sitting at home and also saves on travel.

Supreme Court Dismisses Gangster Lawrence Bishnoi's Plea Challenging FIRs Over Giving Prison Interview

Case details: Lawrence Bishnoi vs The State of Punjab & Ors, Diary No. 26683/2024

Today, the Supreme Court bench of Justices Bela M. Trivedi and Satish Chandra Sharma dismissed a plea challenging the first information reports (FIRs) lodged against gangster Lawrence Bishnoi on the direction of the Punjab and Haryana High Court in connection with the interview given to a private TV while being lodged in high-security prison.

Supreme Court Issues Contempt Notice To Vishakhapatnam Bar Association For Abstaining From Court Work

Case Title - Superwhizz Professionals Pvt. Ltd. v. Union of India & Ors., Special Leave to Appeal (C) No. 11029/2024

The Supreme Court issued a contempt notice to the Vishakhapatnam Bar Association for abstaining from court work and thereby preventing the Debts Recovery Tribunal (DRT) in Vishakhapatnam from functioning.

A bench of Justice Abhay Oka and Justice Agustine George Masih was dealing with an SLP against Andhra Pradesh High Court order disposing the petitioner's writ petition which claimed that the DRT has not considered its Securitization Application filed in 2022 despite urgency.

Supreme Court Dismisses Plea Against Demolition Of Faizyab Masjid In Delhi, Allows To Approach Court If Alternative Land Not Allotted

Case details: REHAN ELAHI Versus DELHI DEVELOPMENT AUTHORITY (DDA) AND ORS., Diary No. 32872-2024

The Supreme Court dismissed a Special Leave Petition that, inter alia, sought to maintain the status quo against the demolition of the Faizyab Masjid and Madrasa, located at Hazrat Nizamuddin, New Delhi.

The present SLP was filed against the Delhi High Court's order directing the Union to consider the request for allotment of an alternate plot of land as close to the plot in question as possible. The petitioner pleaded that the High Court effectively permitted the demolition of the said structures through its impugned order.

Supreme Court Dismisses Plea Seeking Review Of EVM-VVPAT Verdict

Case Title: Arun Kumar Agrawal v. Election Commission of India, Review Petition (C) No. 1263/2024

The Supreme Court dismissed a plea seeking review of the judgment in the EVM-VVPAT case, vide which prayer for 100% cross-verification of EVM data with Voter Verifiable Paper Audit Trail (VVPAT) records was denied.

A bench of Justices Sanjiv Khanna and Dipankar Datta passed the order on finding no ground to interfere with the April 26 judgment.

Complaint U/s.29 Of Industrial Disputes Act Must Contain Specific Pleadings Regarding Breach: Supreme Court

Case Title – Yugal Sikri and Ors. v. State of UP and Anr., SLP (Crl) No. 4965/2023

The Supreme Court quashed criminal proceedings initiated under Section 29 (penalty for breach of settlement or award) of the Industrial Disputes Act, 1947 (ID Act) observing that the complaint did not contain specific pleading regarding breach of settlement or award binding on the accused employers.

PMLA| Supreme Court Grants Bail To Money Laundering Accused Considering Age & Custody Period

Case details: HUMAYUN SULEMAN MERCHANT Versus THE DIRECTORATE OF ENFORCEMENT AND ANR., SLP(Crl) No. 4321/2024

The Supreme Court granted bail to Humayun Merchant, an alleged aide of Iqbal Mirchi (late gangster), in a money laundering case lodged by the Enforcement Directorate (ED).

The Bench of Justices Sanjiv Khanna and Sanjay Kumar took into consideration that Merchant is 75 years of age and has already suffered actual incarceration for more than four years and nine months. The trial is pending.

Vodafone Idea Not Liable To Deduct TDS On Charges Paid To Non-Resident Telecom Operators : Supreme Court

Case Title: Deputy Director of Income Tax & Anr. v. M/S. Vodafone Idea Ltd., SLP(C) Diary No.24154/2024

Dismissing a petition filed by the Income Tax Department, the Supreme Court recently upheld the view that Vodafone Idea is not liable to deduct TDS (tax deducted at source) on interconnectivity usage and bandwidth charges paid to non-resident telecom operators.

Supreme Court Extends Stay On Premature Release Of Gangster-Turned-Politician Arun Gawli

Case Details: THE STATE OF MAHARASHTRA vs. ARUN GULAB GAWLI., Diary No. - 21924/2024

Today (on July 31), the Supreme Court admitted the appeal filed by the State of Maharashtra challenging premature release of gangster-turned-politician Arun Gawli, convicted in 2012 under the Maharashtra Control of Organized Crime Act, 1999 (MCOCA). The Bombay High Court had held that life convicts under the MCOCA are not excluded from the revised remission policy of 2006.

Is Interest On Solatium Payable From Date Of Land Acquisition Or Date Of 'Sunder' Judgment? Supreme Court Refers To 3-Judge Bench

Case Title – The Executive Engineer, Tamil Nadu Housing Board v. V. Saraswathiammal & Anr., 2024 LiveLaw (SC )523

The Supreme Court recently referred to a three judge bench the question of whether landowners whose land is acquired are entitled to interest on solatium from the date of land acquisition or only from the date when the judgment in Sunder v. Union of India was delivered (19.09.2001).

Supreme Court Issues Directions For Better Administration Of Gokarna Temple Committee Headed By Justice BN Srikrishna

Case Title : Ramchandrapura Math v Sri Samsthana Mahabaleshwara Devaru and others

The Supreme Court issued directions to improve the administration of the oversight committee of the Gokarna -Mahabaleshwar temple headed by Retired Justice BN Srikrishna. The Court ordered the grant of a 'casting vote' to Justice Srikrishna for making settled decisions in the running of the temple.

Saradha Chit Fund Case : Supreme Court Disposes Of Nalini Chidambaram's Plea Against ED Summons Noting She Has Been Named As Accused

Case Title: Nalini Chidambaram v. The Directorate of Enforcement and Ors., C.A. No. 5160-5161/2023

The Supreme Court today disposed of as infructuous a plea filed by Senior Advocate Nalini Chidambaram (wife of ex-Finance Minister P Chidambaram) against ED summons requiring her to appear outside her ordinary place of residence. It may be recalled that she has been roped in by agencies in relation to the Saradha chit fund scam case.

Supreme Court Directs Performance Audit Of Maharashtra Slum Areas Act, Raises Concerns With Its Working

Case Details: Yash Developers v. Harihar Krupa Co-operative Housing Society Limited & Ors SLP (C) No. 20844 of 2022

A Supreme Court bench of Justices P.S. Narasimha and Aravind Kumar has suggested that a comprehensive statutory audit of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Maharashtra Slum Areas Act) should be performed.

PMLA | Is Accused Entitled To Documents Which Prosecution Isn't Relying Upon In Trial? Supreme Court To Examine

Case Title - Sarla Gupta and Anr. v. Directorate of Enforcement., Crl.A. No. 1622/2022

The Supreme Court is set to examine the applicability of the provisions of the Code of Criminal Procedure (or its new replacement the Bharatiya Nagarik Suraksha Sanhita) to cases under the Prevention of Money Laundering Act (PMLA) on the issue of the prosecution's obligation to supply documents to the accused.

Swati Maliwal Assault Case: Supreme Court Issues Notice On Bibhav Kumar's Bail Plea

Case Title: BIBHAV KUMAR Versus STATE OF NCT OF DELHI, SLP(Crl) No. 9817/2024

The Supreme Court issued notice on a plea filed by Delhi Chief Minister Arvind Kejriwal's close aide Bibhav Kumar against Delhi High Court's denial of bail in the Swati Maliwal assault case.

The order was passed by a bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan, upon hearing Senior Advocate Dr Abhishek Manu Singhvi, who appeared and argued for Bibhav. The matter has been listed for next Wednesday (whenever the bench would sit in same combination).

Can ED Restrain Person's Movements During Search? Supreme Court Leaves Question Of Law Open, Allows ED To Withdraw Petition

Case Details: DIRECTORATE OF ENFORCEMENT AND ANR. Versus DILBAG SINGH @ DILBAG SANDHU., SLP(Crl) No. 4044/2024

The Directorate of Enforcement (ED) withdrew from the Supreme Court its petition challenging the Punjab and Haryana High Court's order quashing the arrest of former Yamunanagar MLA Dilbag Singh in a money laundering case.

Slum Rehabilitation Scheme Not To Be Seen As Real Estate Development Project, It's Linked To Right To Life: Supreme Court

Case Details: Yash Developers v. Harihar Krupa Co-operative Housing Society Limited & Ors SLP (C) No. 20844 of 2022

A Supreme Court bench of Justices PS Narasimha and Aravind Kumar has held slum rehabilitation scheme cannot be viewed as a real estate development project because “there is a public purpose involved, and that is inextricably connected to the right to life of some of our brothers and sister citizens who are living in pathetic conditions”.

NTA Should Avoid Flip-Flops Which Happened In NEET-UG Case : Supreme Court

Case Details: VANSHIKA YADAV Versus UNION OF INDIA AND ORS. W.P.(C) No. 335/2024 And Other Connected Matters.

The Supreme Court criticised the National Testing Agency (NTA) for the "flip flops" it made in relation to the conduct of the NEET-UG 2024 exam.

The Court was pronouncing the detailed judgment giving the reasons for its July 23 order which refused to cancel the NEET-UG exam held on May 5 over paper leak and malpractices.

Supreme Court Refuses To Interfere With Renaming Of Aurangabad & Osmanabad As Chhatrapati Sambhajinagar & Dharashiv

Case Details: SHAIKH MASUD ISMAIL SHAIKH AND ORS. v. UOI, SLP(C) No. 15453/2024

The Supreme Court dismissed an SLP filed against the Bombay High Court order upholding the Maharashtra government's notifications changing the name of Aurangabad and Osmanabad cities to Chhatrapati Sambhajinagar and Dharashiv, respectively.

Supreme Court Dismisses Pleas For SIT Investigation Into Electoral Bonds 'Quid Pro Quo', Says Ordinary Remedies Not Invoked

Case Details : COMMON CAUSE AND ANR. Versus UNION OF INDIA W.P.(C) No. 266/2024 and Other Related Matters

The Supreme Court on Friday (August 2) dismissed petitions seeking to set up a Special Investigation Team (SIT) to investigate the alleged instances of quid pro quo arrangements between corporate and political parties through Electoral Bonds donations.

The Court said that it would be "premature" and "inappropriate" to order an investigation under the monitoring of a retired judge when the remedies available under the ordinary law governing criminal law procedure have not been invoked.

2018 Firing At Anti-Sterlite Protests | Supreme Court Stays Madras HC Order For Probe Into Assets Of Police & Govt Officials

Case Details : S. CHANDRAN VS. HENRI TIPHAGNE SLP(C) No. 016543 - / 2024

The Supreme Court on August 2 stayed the Madras High Court order which directed a fresh investigation by the Tamil Nadu Directorate of Vigilance and Anti–Corruption (DVAC) into the assets of the police and government officials accused in the 2018 Thoothukudi Police Firing at the anti-Sterlite protests.

West Bengal VC Appointments| Supreme Court Clarifies That Regular And Not Pro Tem VCs Be Appointed In All State Universities

Case Title: State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors. | Special Leave Petition (Civil) No. 17403 of 2023

The Supreme Court, through its order dated July 29, in an ongoing dispute between the West Bengal government and Governor CV Anand Bose (Chancellor of Universities) regarding the appointment of Vice-Chancellors (VC) of Universities, has clarified that there shall be an appointment of regular VCs (instead of pro tem VCs) in all the 36 State-aided Universities.

Supreme Court Frames Issues In Tamil Nadu's Suit Against Kerala Over Alleged Encroachment In Mullaperiyar Catchment Area

Case Title: State of Tamil Nadu v. The State of Kerala, Original Suit No.4/2014

In the suit filed by State of Tamil Nadu alleging that Kerala's construction of a mega car project in the Mullaperiyar catchment area encroached upon the area leased to it, the Supreme Court recently framed issues arising for consideration.

Developing 'Scientific Temper' Matter Of Education, Not Judicial Writs: Supreme Court Dismisses PIL To Curb Superstition And Sorcery

Case Details : ASHWINI KUMAR UPADHYAY VS. UNION OF INDIA W.P.(C) No. 000461 / 2024

The Supreme Court refused to entertain a PIL seeking directions to the Union and States to take action against superstition and sorcery practices in the country. The Court observed that it was essential to focus on educating citizens to promote a 'scientific temper' in the country, something which be cannot achieved merely by filling petitions.

S. 106 Evidence Act | Accused Can't Be Asked To Discharge Burden Of Proof When Prima Facie Case Wasn't Established By Prosecution: Supreme Court

Case Details: MANHARAN RAJWADE Versus STATE OF CHHATTISGARH, CRIMINAL APPEAL NO(S). 818/2019

Recently, the Supreme Court acquitted an accused who was charged with the offence of murdering his wife because the prosecution was not able to prove the prima facie case against the accused.

For invoking Section 106 of the Indian Evidence Act of 1872 (“Evidence Act”), the prosecution ought to have discharged the burden on it by adducing cogent evidence to prove the accused presence at the relevant time in his house when the alleged offence was committed, the bench comprising Justices Abhay S Oka, PK Mishra, and AG Masih said.

'Her Photos Were Repeatedly Shown' : Supreme Court Dismisses Asianet News Plea To Quash Divya Spandana's Defamation Complaint

Case Details: ASIANET NEWS NETWORK PVT. LTD. AND ORS. Versus DIVYA SPANDANA @ RAMYA SLP(Crl) No. 9517/2024

The Supreme Court dismissed the petition filed by Asianet News Network, Kannada channel Asianet Suvarna News and journalist Vishweshwar Bhat challenging the Karnataka High Court's refusal to quash the criminal defamation complaint filed by actor Divya Spandana for allegedly linking her to IPL spot-fixing scam.

National Housing Bank Act | No Vicarious Liability For Directors Without Specific Pleading That They Were Responsible For Company's Business : Supreme Court

Case Title- National Housing Bank v. Bherudan Dugar Housing Finance Ltd. & Ors., 2024 LiveLaw (SC) 541

The Supreme Court held that a complaint against company's directors for offence committed by the company under the National Housing Bank Act, 1987 must contain specific averments that the directors were responsible for the business of the company at the time of the offence.

Supreme Court Approves Dismissal Of Employees Given Compassionate Appointment On Forged Documents, Questions Railways' Lapse

Case Title: UNION OF INDIA & ORS. ETC. Versus PROHLAD GUHA ETC., CIVIL APPEAL NOS. 4434-4437 OF 2014

While dismissing the employees who were granted a compassionate appointment by the Railways based on forged and fabricated documents with respect to the employment of their respective fathers, the Supreme Court expressed displeasure over the inactions of the Railways in appointing the employees based on questionable documentation, which was later found to be forged, fabricated, and bogus.

Gujarat Value Added Tax Act | 'Purchase Price' Definition Doesn't Include Value Added Tax : Supreme Court

Case Title: THE STATE OF GUJARAT Vs. M/S. AMBUJA CEMENT LTD, CIVIL APPEAL NO. 7874 OF 2024

While Interpreting the definition of the 'Purchase Price' under the Gujarat Value Added Tax Act of 2003 (“GVAT”), the Supreme Court on Friday (August 2) observed that the value-added tax would not be included in the definition of the purchase price.

The Court held that no value-added tax would be added to the purchase price to calculate tax as the same is not mentioned in the categories of tax/duties enumerated under Section 2(18) of the GVAT.

Supreme Court Prima Facie Disagrees That Second SLP Can Be Filed If First SLP Was Dismissed Without Any Reasons Or Was Withdrawn

Case Details: N. F RAILWAY VENDING AND CATERING CONTRACTORS ASSOCIATION LUMDING DIVISION v. THE UNION OF INDIA & ORS., Diary No. - 28661/2024

The Supreme Court has prima facie disagreed with the view that in cases where a special leave petition (SLP) was dismissed by way of a non-speaking order or withdrawal, the remedy of filing a fresh SLP still exists. Pertinently, this view was taken by a Division Bench of the Top Court in the case of S. Narahari And Ors. v. S.R. Kumar And Ors.

Transferring Public Property At Nominal Price Arbitrary; States' Right Can Be Sold Only By Auction/Transparent Process : Supreme Court

Case Details: City Montessori School Versus State of U.P. & Ors., CIVIL APPEAL NO. 8355 OF 2024

The Supreme Court observed that the rights of the State in the property/land can be transferred only by adopting a fair and transparent process by which the State fetches the best possible price.

Supreme Court Rejects Plea Seeking Clearance By Coastal Zone Management Authority For Railway Double-Tracking In Goa

Case Details: GANV BHAVANCHO EKVOTT & ORS v. SOUTH WESTERN RAILWAY & ORS., Diary No(s).18197/2023

The Supreme Court upheld the Bombay High Court's decision stating that prior permission is not required from Goa Coastal Zone Management Authority for doubling of the railway track in Goa.

News

'Let Affected Students Come': Supreme Court Rejects Laywer's PIL Challenging Cancellation Of UGC-NET 2024 Exams

Case Details : UJJAWAL GAUR Versus MINISTRY OF EDUCATION AND ORS. W.P.(C) No. 467/2024

The Supreme Court today (July 29) refused to entertain a Public Interest Litigation(PIL) challenging the National Testing Agency's (NTA) decision to cancel the University Grants Commission National Eligibility Test (UGC-NET) examinations due to an alleged paper leak.

Comrade Balwinder Singh Sandhu Murder Case : Supreme Court Directs Expedition Of Trial

Case details: SLP(Crl) No. 6019/2024 II-B & SLP(Crl) No. 6020/2024 II-B

The Supreme Court directed that the trial in the case concerning the killing of comrade Balwinder Singh Sandhu must be expedited.

A bench of Justices M.M. Sundresh and Aravind Kumar was hearing the bail plea filed by two accused persons Navpreet Singh@Nav and Harbinder Singh@Pinder@Dhillon.

Advocate Working As Freelance Journalist Is Professional Misconduct? Supreme Court Asks Bar Council To Examine

Case Title – Mohd. Kamran v. State of Uttar Pradesh and Anr., SLP(Crl.) No. 9615/2024

The Supreme Court directed the Bar Council of India (BCI) and the Bar Council of Uttar Pradesh to look into the conduct of Advocate Mohd. Kamran, who has filed a defamation case against former BJP MP Brij Bhushan Sharan Singh. The court asked the Bar Councils to take necessary action on Kamran's working as a freelance journalist while simultaneously practising as an advocate.

Is Letters Patent Appeal Maintainable Against Single Judge's Order Passed Under Article 227? Supreme Court To Examine

Case Details: S AD VIDYA MANDAL & ANR. Versus HEMANT C JADHAV & ORS., DIARY NO. - 46584/2019

Recently, the Supreme Court granted a leave in a plea challenging the decision of the High Court's Division Bench which had interfered with the Single Bench decision rendered while exercising supervisory powers under Article 227 of the Constitution.

Supreme Court Seeks Response From Union, AIIMS In Challenge To 'Institutional Preference' Quota Exceeding 50% In PG Medical Admissions

Case Details: DR. SUKRIT NANDA M. VS. UNION OF INDIA W.P.(C) No. 000464 / 2024

The Supreme Court today (July 29) sought responses from the Union and All India Institute of Medical Sciences (AIIMS) in a petition challenging the reservation quota for "Institutional Preference" that exceeds 50% in postgraduate admissions.

Is This The Law Of The Land? - Supreme Court Questions Telangana HC Order Permitting Road Construction On Private Property Without Compensation

Case Title – Vinod Singh and Ors. v. State of Telangana and Ors., SLP (C) No. 10631/2024

The Supreme Court questioned a Telangana High Court order that allowed the construction of a road on a private property without prior payment of compensation, observing that it completely violates the law.

WB Teacher Recruitment Case: Supreme Court Posts Petitions Filed By Unqualified Candidates With Main Petitions; Hearing On Aug 6

Case Details : SHAHIDULLAH AND ORS. Versus BAISHAKHI BHATTACHARYYA (CHATTERJEE) AND ORS. Diary No. 23851-2024

The Supreme Court was informed that a fresh batch of petitions has been filed by non-qualified candidates in the pending challenge to the Calcutta High Court's Order which had set aside appointments of 25,0000 school teachers by the West Bengal School Service Commission (WB SSC).

Supreme Court To Hear Shiv Sena (UBT) & Sharad Pawar -NCP Pleas Against Maharashtra Speaker's Decisions On August 7

Case Details: Sunil Prabhu v. Eknath Shinde SLP(C) No. 1644-1662/2024

The Supreme Court has scheduled the hearing of the election disqualification petition filed by the Shiv Sena- UBT(Uddhav Balasaheb Thackeray) faction against the MLAs of the faction led by Eknath Shinde for August 7.

The Special Leave Petition under Article 136 has been filed by UBT member Sunil Prabhu challenging the order dated 10.01.2024 passed by the Speaker, Maharashtra Legislative Assembly, dismissing the disqualification petitions filed by the Uddhav Thackeray group against the MLAs of the Shinde group.

Supreme Court Asks Uttarakhand Govt To Finalize Decision On Suspension Of 14 Patanjali Products In Two Weeks

Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022

During the hearing of the Patanjali misleading ads case, the Supreme Court today was informed that the sale of 14 Ayurvedic products by Patanjali and Divya Pharmacy, for which licenses were earlier suspended by the Uttarakhand government, is continuing as the suspension order has been cancelled and a fresh decision on the issue is pending with the state government.

Supreme Court Grants Bail To TMC Leader Anubrata Mondal, Says Trial Unlikely To Commence Soon; Will Remain In Jail In ED Case

Case Details: Anubrata Mondal @ Kesto v. Central Bureau of Investigation | Diary No. 33558 of 2023

The Supreme Court bench of Justices Bela M. Trivedi and Satish Chandra Sharma today granted bail to Trinamool Congress (TMC) leader Anubrata Mondal in the case registered by the Central Bureau of Investigation (CBI) in relation to an alleged India-Bangladesh border cattle smuggling scam stating that the "trial is unlikely to commence soon".

AAP Punjab MLA Jaswant Singh Withdraws Plea In Supreme Court Challenging ED Arrest

Case details: Jaswant Singh versus Union of India & Anr., SLP(Crl) No. 7755/2024

Today, the Supreme Court bench of Justices Bela M. Trivedi and Satish Chandra Sharma allowed an Aam Aadmi Party (AAP) member of the legislative assembly from Punjab, Jaswant Singh, to withdraw his plea challenging his arrest by the Enforcement Directorate (ED) for allegedly being a director and guarantor of a company M/s TCL, which had obtained loan and credit facilities of over Rs.46 crores.

OROP | 'Either Enhance Pension Of Regular Captains Or Pay Cost' : Supreme Court Pulls Up Union Over 'One Rank One Pension' Anomalies

Case Details: UNION OF INDIA & ORS. v. RC 128 L CAPTAIN M GOPALAN NAIR (RETD) & ORS., CIVIL APPEAL Diary No. 37429/2022

The Supreme Court directed the Union Government to fix the anomalies relating to the pension payable to regular captains on implementation of the One Rank One Pension Scheme (OROP).

Can't Rule On Challenge To Surrogacy Age Limit Without Reference To Circumstances Of Each Petitioner, Says Supreme Court

Case Title: Arun Muthuvel v. Union of India | W.P. (Civil) No. 756 of 2022 (and connected matters)

The Supreme Court, while hearing a batch of pleas challenging provisions of the Surrogacy (Regulation) Act, 2021 and the Surrogacy (Regulation) Rules, 2022., made it clear that it will not strike down or interfere with anything without recourse to the facts of each case.

Supreme Court To Clarify If Judgment Upholding States' Power To Tax Minerals Will Operate Only Prospectively

A 9-judge bench of the Supreme Court reserved its orders on the issue whether its July 25 judgment upholding the power of States to tax mineral rights and mineral-bearing lands should be given only a prospective effect.

Can CBI Investigate Offences Regarding Foreign Contributions? Supreme Court To Hear Plea Challenging Validity Of S.43 FCRA

Case Title: Advantage India v. Union of India, SLP(Crl) No.8111/2019

The Supreme Court has agreed to hear a petition challenging the constitutional validity of Section 43 of the Foreign Contribution (Regulation) Act, 2010 (FCRA), which allows central government to appoint any agency, such as CBI, to investigate into matters of foreign contribution.

Plea In Supreme Court Against Demolition Of Mosque In Delhi's Mangolpuri

Case Details: Muhammadi Jama Masjid Madarsa-Anwarul-Uloom Welfare Association (Regd.) v. Govt. of NCT of Delhi and Ors.

A petition against the demolition of a mosque at Y-Block Mangolpuri in New Delhi has been filed before the Supreme Court.

Supreme Court Initiates Enquiry After Petitioner Denies Filing Petition & Claims Ignorance Of Advocates Who Represented Him

The Supreme Court expressed utter shock in a case where the petitioner, in whose name a special leave petition (criminal) was filed, appeared and told the court that he had not filed the case. Rather, someone had impersonated him and filed it under a conspiracy, he claimed.

PMLA Provides No Procedure On Summoning, So CrPC Will Apply : Sibal Tells Supreme Court In Abhishek Banerjee's Case

Case Title: ABHISHEK BANERJEE AND ANR. Versus DIRECTORATE OF ENFORCEMENT, Crl.A. No. 2221-2222/2023 (and connected case)

During the hearing of TMC MP Abhishek Banerjee's plea against ED summons in a school jobs scam case, Senior Advocate Kapil Sibal urged before the Supreme Court on July 31 that the Prevention of Money Laundering Act provides “power” to summon an accused, but does not prescribe the “procedure” for summoning.

Supreme Court Questions Registry Over Missing Files, Seeks Secretary General's Report

Case Details: BAIDYA NATH CHOUDHARY vs. DR. SREE SURENDRA KUMAR SINGH., Diary No. - 18663/2018

The Supreme Court asked its Secretary-General to submit a report on lapses pertaining to missing relevant documents in a case. Due to these lapses, the Court ended up wasting one hour while hearing a case.

The Bench of Justices JK Maheshwari and Rajesh Bindal were hearing a contempt petition that had 43 connected cases. While the first paper book was available before the Court, the second one was not to be found.

Delhi LG Wasn't Told About Need For Court's Permission To Cut Trees : Chief Secretary Tells Supreme Court

Case Details: Bindu Kapurea v. Subhasish Panda Dairy No. 21171-2024, In Re Subhasish Panda Vice Chairman DDA SMC(Crl) No. 2/2024

Chief Secretary of the Government of the National Capital Territory of Delhi, Naresh Kumar, informed the Supreme Court that Delhi Lieutenant Governor VK Saxena was not made aware of the necessity to obtain the court's permission for felling trees in the southern Ridge.

Shambhu Border Blockade | 'Resolve Farmers Protest Amicably' : Supreme Court Gives Time To Punjab & Haryana To Propose Names For Committee

Case Details: THE STATE OF HARYANA VS. UDAY PRATAP SINGH., DIARY NO. - 30656/2024

The Supreme Court on Friday (August 2) adjourned the hearing of Haryana's plea against Punjab and Haryana High Court's direction to unblock the Shambhu Border giving time to the States of Haryana and Punjab to suggest the names of neutral persons who can be included in a committee to negotiate with the protesting farmers.

Plea In Supreme Court Challenges Ban On Blood Donations By Gay Individuals

Case Details: SHARIF D. RANGNEKAR Versus UNION OF INDIA AND ORS. W.P.(C) No. 000465 / 2024

The Supreme Court issued notice to the Union Government on a petition challenging the constitutional validity of the Guidelines on Blood Donor Selection and Blood Donor Referral of 2017 to the extent it prevents gay men from donating blood. These guidelines issued by National Blood Transfusion Council (NBTC) and National Aids Control Organisation (NACO) currently prevent gay men and transgender individuals from donating blood.

Local Debt Recovery Tribunal Must Be Established In Jammu And Kashmir, Says Supreme Court

Case Title – Jammu and Kashmir Bank Limited v. M/S Hotel Alpine Ridge and Ors., SLP(C) No. 6897/2024

The Supreme Court called for the establishment of local Debt Recovery Tribunals (DRTs) in Jammu and Kashmir.