UIDAI's bid to hire social media agency against its submissions: SC

The Supreme Court Friday said the proposal of the Unique Identification Authority of India (UIDAI), which runs the Aadhaar scheme, to hire a social media agency to monitor such platforms was contrary to its earlier submissions. A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud also asked Attorney General K K Venugopal to assist it in the hearing of the plea on the issue filed by Mohua Moitra, an MLA of the Trinamool Congress. "It (monitoring) is directly against the submissions made by the UIDAI during the hearing of the Aadhaar matters," the bench said, adding that what the UIDAI was proposing was contrary to "what it had argued while seeking validity of Aadhaar". The UIDAI, during the hearing of a clutch of petitions challenging the validity of Aadhaar scheme, had told the apex court that it did not want to monitor the online activities of citizens holding Aadhaar cards.

No urgent hearing against Vedanta access to admin of Tuticorin plant: SC

The Supreme Court on Tuesday declined urgent hearing on a plea by the Tamil Nadu government challenging the National Green Tribunal's (NGT) order allowing mining major Vedanta group access to the administrative unit inside its closed Sterlite copper plant at Tuticorin in the state.

A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it will hear the plea next week.

The state government had on August 14 moved the apex court against the NGT order.

The NGT had on August 9 allowed Vedanta to enter the administrative unit inside its Sterlite copper plant, observing that no environmental damage would be caused by allowing access to the administrative section.

The tribunal, however, had said the plant would remain closed and the company would not have access to its production unit and directed the district magistrate to ensure this.

Mandatory to have 3rd party insurance cover; SC refuses to extend deadline

From Saturday, it would become mandatory for new cars and two-wheelers to have third-party insurance cover of three and five years respectively, with the Supreme Court on Friday refusing to extend the September 1 deadline. A bench of Justices Madan B Lokur and S Abdul Nazeer dismissed an application filed by General Insurance Council (GIC), constituted under provision of the Insurance Act 1938 by Insurance Regulatory and Development Authority (IRDA), seeking extension of the deadline fixed by the top court. The apex court had on July 20 this year said that third-party insurance cover for new cars should mandatorily be for a period of three years and for two wheelers, it should be for five years. Currently, the insurance cover period is one year. The court had then directed that the decision be implemented from September 1.

SC/ST community can't claim quota benefits in govt job in another state: SC

Maratha QuotaStir - Member of SC/ST community of a state cannot claim quota benefits in govt job in another state unless his/her caste is notified there, the Supreme Court said on Wednesday.

The apex court also said that the benefits of quota for SC/ST would stand confined to geographical territory of a state or union terrritory.

The court, however, held that in Delhi the pan-India reservation rules for SC/ST would be debatable.

SC asks TN to maintain Mullaperiyar dam's water level at 139 ft till Aug 31

The Supreme Court Thursday ordered thaat the water level at the Mullaperiyar dam be maintained at 139 feet till August 31, keeping in mind the grave devastation that has taken place due to the unprecedented floods in Kerala.

A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud considered the Centre's submission that the sub-committee of the Mullaperiyar dam had met on August 23 and directed the Tamil Nadu government to ensure that the water level is maintained at 139 feet, which is two feet below the permissible limit fixed by the apex court.

The bench made it clear that it would confine itself to the aspect of disaster management and said that the decision to lower the water limit in the dam has been taken in view of the devastating deluge in Kerala.

The observation came after Tamil Nadu government alleged that "it could be a part of a sinister design" to circumvent the apex court's decision fixing the permissible limit.

Amrapali, Unitech & deferred dreams: SC ensures defaulters will have to pay

On Tuesday, the Supreme Court came out with two rulings that sound the bugle against the directors and promoters of defaulting real estate firms. In the first case, the Supreme Court said it would first sell the personal assets of the promoters and directors of Amrapali group to secure over Rs 50 billion for construction of pending projects. The construction will be done by the National Buildings Construction Corporation India Ltd (NBCC). In the second case, it ordered auction of Unitech directors' unencumbered assets to refund money to home buyers.

The SC's latest ruling may come as a relief for the homebuyers who would hope it either fetches them their refund or the house they have already paid for.
Supreme Court on Amrapali

The Supreme Court on Tuesday said that the only way to secure over Rs 51.12 billion from real estate major Amrapali Group for construction of pending projects by the NBCC (India) Ltd is to sell the individual properties of the directors of the company, news agency IANS reported.

SC asks NGT to consider maintainability of Sterlite case against closure

The Supreme Court on Friday refused to entertain Tamil Nadu government's plea against the National Green Tribunal's order allowing mining major Vedanta access to the administrative unit inside its closed Sterlite copper plant at Tuticorin and asked the NGT to "finally decide" the matter.

A bench comprising Justices R F Nariman and Indu Malhotra said that the NGT would hear the matter on merits and also on the issue of maintainability raised by the state government.

"We may clarify that NGT may continue to hear the matter on merits and finally decide the matter on maintainability also. It is open for the state to argue on maintainability after which the tribunal will give its findings," the bench said.

ALSO READ: NGT allows Vedanta to access administrative unit of Sterlite plant in TN
The green tribunal had on August 9 allowed Vedanta to enter its administrative unit inside its Sterlite copper plant, observing that no environmental damage would be caused by allowing access to the administrative section.

SC notice to govt on PIL accusing armed forces, police of fake encounter

The Supreme Court has sought responses from the Centre and Assam government on a PIL accusing the armed forces and state police of allegedly indulging in fake encounters in the state.

A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud also issued notices to the CRPF, the National Human Rights Commission and others.

The bench on Monday also sought responses from General Officer Commanding of 4 Corps and chairperson of Operational Group, Unified Command -- Sashastra Seema Bal (SSB) -- CRPF commandant posted in Chirang district of Assam.

Some of the senior officials of the central forces are named in the petition filed by former bureaucrat E A S Sarma.

The PIL is based on a report filed by CRPF IG Rajnish Rai in April 2017 alleging "cold blooded fake encounter killing of two suspected members of the National Democratic Front of Bodoland (Songbijit) faction" on March 30 last year in Assam's Simalguri village.

Should Art 35A pleas go to Constitution bench? 3-judge SC bench to decide

The Supreme Court on Monday said that a three-judge bench would decide whether the pleas challenging Article 35A, which provides special rights and privileges to the natives of Jammu and Kashmir, should be referred to a five-judge Constitution bench for examining the larger issue of alleged violation of the doctrine of basic structure of the Constitution.

A bench comprising Chief Justice Dipak Misra and Justice A Khanwilkar adjourned the crucial hearing on as many as five petitions "to the week commencing from August 27" on the grounds that they pertained to the challenge to a Constitutional scheme and could not be heard as the third judge, Justice D Y Chandrachud, was not present on Monday.

As the matter came up on Monday in the backdrop of protests in Jammu and Kashmir on the issue, the state government sought adjournment of the hearing citing upcoming local body elections in the state and was supported by the Centre.

The lawyers for petitioners, however, vehemently opposed the adjournment plea and sought an early hearing after the bench clarified that it cannot take up the matter due to lack of quorum

Cabinet approves bill to overturn SC order on SC/ST Atrocities Act

The Union Cabinet on Wednesday gave its nod to a bill to restore the original provisions of a law on atrocities against Dalits and tribals, acceding to a key demand of Dalit groups ahead of their call for a 'Bharat Bandh' on August 9, a top government source said.

The bill to restore the original provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act will be brought in Parliament, he said.

The Supreme Court in a ruling in March had introduced safeguards which, Dalit leaders and organisations said, diluted the Act and rendered it toothless.

ALSO READ: Rahul chairs 1st meeting of new CWC; accuses BJP of oppressing poor, Dalits
BJP ally and Lok Janshakti Party president Ram Vilas Paswan had led the call to bring a new law to overturn the court order. Several ruling party MPs belonging to Dalit and tribal communities had also backed the demand.

No SIT probe into Judge Loya death case as SC dismisses review plea

The Supreme Court on Tuesday dismissed a plea seeking review of its April 19 verdict that had held that Special CBI judge B H Loya had died of "natural causes" on December 1, 2014, and had rejected PILs seeking an SIT probe into the death, questioning their motive.  

A Bench comprising Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud did not find any merit in the review petition filed by Bombay Lawyers Association, one of the petitioners in the case.

"We have carefully gone through the review petition and the connected papers, but we see no reason to interfere with the order impugned. The review petition is, accordingly, dismissed," the Bench said.

The apex court had rejected the PILs seeking a probe into the death of Loya, ruling that he had died of "natural causes", and held that the petitions were moved by political rivals to settle scores, which was a serious attempt to scandalise the judiciary and obstruct the course of justice through a "frontal attack" on its independence.

In case of ambiguity, assessee must prove eligibility for tax exemption: SC

In a judgment that will benefit the revenue department, a Constitution bench of the Supreme Court on Monday said tax assessees will have to show clear proof to the Revenue Department that they are eligible for availing a tax exemption and the benefit of any ambiguity in exemption provision/notification would fall in the favour of the tax man.

The five-member bench, comprising Justices Ranjan Gogoi, NV Ramana, R Banumathi, Mohan M Shantanagoudar and S Abdul Nazeer, was constituted to look into what is the rule to be applied while interpreting a tax exemption provision or notification when there is an ambiguity.

The bench put responsibility on the assessee to prove a tax exemption where the guidelines aren’t clear and said he cannot claim the benefit of any such ambiguity in provisions.

While overruling a judgment in the Sun Export case that had held a contrary view, the bench, in an 83-pages judgement, said “exemption notification should be interpreted strictly; the burden of proving applicability would be on the assessee to show that his case comes within the parameters of the exemption clause or exemption notification”.

Assam NRC just a draft, no coercive action against those left out: SC

The Supreme Court on Tuesday said the publication of the complete draft NRC of Assam cannot be the basis of any coercive action against anyone since it is merely a draft.

It also directed the Centre to formulate standard operating procedure (SOP) to deal with claims and objections.

The apex court directed the Centre to place the SOP before it for approval and said it should be fair and giving reasonable opportunity to contest exclusion.

A bench of justices Ranjan Gogoi and R F Nariman said the Centre should place the SOP before it by August 16 and that a local registrar has to give notice to those who have filed claims and objections, and give them reasonable opportunity for hearing.

At the outset, Assam National Register of Citizens (NRC) coordinator Prateek Hajela placed before the court its status report giving details of publication of the draft NRC yesterday.

To this the bench asked what was the future course of action.

Karnataka verdict: Kumaraswamy to take oath as CM on Wednesday; highlights

Karnataka poll result: In an anti-climax to the hectic political developments since the split verdict on May 12 Karnataka Assembly polls, the Bharatiya Janata Party (BJP) lost power in Karnataka as Chief Minister B S Yeddyurappa resigned on Saturday before the trust vote, as he did not have the numbers to prove his majority. His resignation paved the way for the formation of a Congress-Janata Dal(Secular) government headed by H D Kumaraswamy, who has been invited to form a government and will be sworn-in on Monday.

Congress President Rahul Gandhi targeted Prime Minister Narendra Modi after the trust vote, saying he would have learnt lessons from Yeddyurappa having been forced to resign as the Karnataka Chief Minister two days after he was sworn in.

The order for advancing the trust vote to Saturday came from the Supreme Court as the Congress and the JD(S) had filed a petition challenging Karnataka Governor Vajubhai Vala's invitation to Yeddyurappa to form the government and giving the BJP leader 15 days to prove majority.

Collegium judges meet CJI; ask to reiterate Justice Joseph's name: Updates

Although the much speculated Supreme Court Collegium meeting did not take place on Wednesday, four of the five senior most judges reportedly met at the chamber of CJI Dipak Misra to discuss the reiteration of Justice K M Joseph’s name for elevation to the apex court.

An apex court official said while there was a likelihood of the meeting being held on Wednesday, it was for the Chief Justice of India Dipak Misra to fix the date but as of now there is no official word on it.

"There is no official confirmation when the Collegium would meet," the official said, adding that "it is obvious that the agenda of the meeting would be the elevation of Justice Joseph to the apex court".

According to The Indian Express, Justices Ranjan Gogoi, Kurian Joseph and Madan Lokur met Chief Justice Dipak Misra in his chambers around 4.15 pm. Justice J Chelameswar, the senior-most Supreme Court judge who led a virtual revolt against the CJI, was not present in the meeting as he was on leave. The English daily, however, reports that he has written to the members of the Collegium reiterating Justice K M Joseph's name for elevation to the Supreme Court.

CJI Dipak Misra impeachment: SC bench to hear petition today; top updates

After two Rajya Sabha members of the Congress party on Monday moved the Supreme Court challenging the rejection of their impeachment notice against Chief Justice of India Dipak Misra, a five-judge Bench comprising Justices A K Sikri, S A Bobde, N V Ramana, Arun Mishra and A K Goel will on Tuesday hear their petition. The MPs have questioned Upper House Chairman and Vice-President of India M Venkaiah Naidu's decision to reject the party's notice for an impeachment motion against the CJI.

The Bar Association of India, a voluntary organisation of lawyers stated that "the notice for the impeachment of Chief Justice of India Dipak Misra was "unwarranted" and an assault on the judiciary".

Senior advocate Kapil Sibal, also one of the signatories of the impeachment notice, mentioned the petition filed by two Members of Parliament -- Partap Singh Bajwa and Amee Yajnik -- for an urgent listing before a Bench headed by Justice J Chelameswar. Sibal said Rajya Sabha chairman M Venkaiah Naidu could not summarily reject the notice bearing signatures of 64 MPs and seven former members who had recently retired, on the ground that there was "no proved misbehaviour".

The SC Bench asked Sibal and advocate Prashant Bhushan to mention the matter before the Chief Justice of India for an urgent listing by citing a constitution Bench judgment on the powers of a "master of roster".

Impeachment notice's rejection raised "serious constitutional issues" and involved interpretation of constitutional provisions, said Sibal.

SC/ST Act: No stay on SC's 'no instant arrest' ruling; all you need to know

The Supreme Court on Thursday rejected the Centre's demand for a stay on the court's March 20 ruling on the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 or SC/ST Act, saying the judgment was only aimed at putting a filter on immediate arrest.

"We have made it clear that there is no bar on arrest if any other offence is committed. The judgment does not say there should be no FIR but the judgment simply puts a filter on immediate arrest", the court said.

The Centre has filed a review petition in the Supreme Court over its recent ruling on the SC/ST Act.

In a bid to check the misuse of the SC/ST Act, the apex court had on March 20 ruled that preliminary enquiry in a case under the Atrocities Act would be done by a Deputy Superintendent of Police (DSP) to ensure the allegations are not frivolous, and to avoid the false implication of an innocent person.

The court also held that a government official could not be prosecuted on the mere allegation of committing an offence under the Act without the sanction of the appointing authority.

Retired judge slams Centre, moves SC for Justice KM Joseph's elevation

A retired district Judge from Solapur, Maharashtra, G D Inamdar has filed a PIL in the Supreme Court seeking Uttarakhand Chief Justice K M Joseph's immediate elevation to the apex court.

The PIL filed by the retired district judge has also sought a direction to the Centre to issue warrants of appointment for Justice Joseph with consequential seniority.

He approached the Supreme Court seeking urgent action on the quashing of the "illegal and unconstitutional" move of the Central government by segregating Justice Joseph's name whose name for elevation had been recommended by the apex court collegium.

"The petitioner is aggrieved by the shocking manner in which the Central Government has unilaterally and capriciously segregated and rejected the name of Hon'ble Justice K M Joseph - recommended by the Collegium for appointment as a Judge of this Hon'ble Court, while at the same time accepting the recommendation for elevation of Ms Indu Malhotra, Senior Advocate, as a Judge of this Hon'ble Court," the petition said.

Aadhaar not needed for mobile SIM; passport, voter ID or licence will do

You no longer need an Aadhaar to get a mobile connection; telecom companies would now also accept other documents like passport, driving licence and voter ID, with the Centre reportedly directing them immediately implement a new rule to this effect.

The development comes after the Supreme Count on March 14 issued an interim order indefinitely extending the deadline for linking Aadhaar to bank accounts, mobile phone numbers, passports and other services, beyond the previous deadline of March 31. A five-judge Bench headed by Chief Justice Dipak Misra had said there was no need to link Aadhaar to these services until a judgment was pronounced on the constitutionality of the unique identification programme.

Here are the top updates on new rules clarifying whether or not Aadhaar is mandatory for procuring mobile SIMs:

1) Aadhaar no longer mandatory: You no longer need an Aadhaar card to buy a mobile SIM, The Times of India reported on Wednesday. The government had directed telecom companies to accept alternative documents like driving licence, passport and voter ID, the report said. Further, it said quoting Telecom Secretary Aruna Sundararajan that telecom operators had been asked to follow the new rule with immediate effect. 

Loya case: 'Assault on judiciary' makes SC see red; top 10 developments

The Supreme Court on Thursday ruled that the death of special Central Bureau of Investigation (CBI) judge Brijgopal Harkishan Loya, who was conducting a trial in the Sohrabuddin Sheikh fake encounter case -- Amit Shah, now the president of the Bharatiya Janata Party (BJP), was an accused -- does not merit an independent probe. The apex court dismissed petitions seeking a special investigation team (SIT) probe into judge Loya's demise and held that he died of "natural causes". Holding that there was absolutely no merit in the petitions, the court also rebuked the petitioners, saying that it became clear from their PILs that there was "a real attempt and frontal attack" on the judiciary's independence.

A Bench comprising Chief Justice Dipak Misra and judges A M Khanwilkar and D Y Chandrachud delivered the 114-page judgment. In all, there were five petitions, including those filed by Congress leader Tehseen Poonawala and Maharashtra-based journalist B S Lone, seeking an independent probe into judge Loya's death.