APEX COURT

sc-quashes-it-cases-against-ndtv;-should-be-given-fair-chance

SC quashes IT cases against NDTV; should be given fair chance

The SC has quashed the Income Tax notice issued to NDTV giving it a big relief. The court ruled that the statutory authority did not give a fair chance to the company. But the SC bench presided over by Justice L Nageswara Rao observed that the I-T department can go ahead with the case by adopting proper procedure and giving fair opportunity to the petitioner.

The court allowed the media behemoth's appeal against notice issues to it in 2015 by the IT department for allegedly not disclosing hundreds of crore received through its subsidiaries overseas.

The bench, however, made it clear that it did not express any opinion on facts of the case and the I-T department may issue a fresh notice if permissible under the law. The only issue is that the I-T department has not adopted fair or proper procedure as the TV channel was "deprived of the fair chance" and "a proper and adequate opportunity" to reply to the notice under the law.

04 Apr 2020
covid-19-sc-to-take-up-urgent-cases-only-rest-to-be-heard-via-vc-

Covid-19: SC to take up urgent cases only, rest to be heard via VC

Chief Justice of India (CJI)  Sharad Arvind Bobde has decided that the Supreme Court will hear only “extremely urgent” cases in the coming week, while ruling out complete shutdown of the apex court. Only one bench will be available to take care of judicial work. And if necessary, it will sit on Wednesday for important proceedings.

According to CJI, a Bench of two Judges, as may be necessary to hear extremely urgent cases, will be available to transact judicial work. At the same time, he told that there will be a facility to conduct hearings through video conferencing. Towards that end, rooms with requisite facilities for this purpose will be made available according to the convenience of  lawyers

Further, in order to get the case listed before the bench, the advocate concerned should indicate the extreme urgency of the matter in writing before the bench.

23 Mar 2020
sc-quashes-it-cases-against-ndtv;-should-be-given-fair-chance

SC quashes IT cases against NDTV; should be given fair chance

By IndianMandarins 04 Apr 2020

The SC has quashed the Income Tax notice issued to NDTV giving it a big relief. The court ruled that the statutory authority did not give a fair chance to the company. But the SC bench presided over by Justice L Nageswara Rao observed that the I-T department can go ahead with the case by adopting proper procedure and giving fair opportunity to the petitioner.

The court allowed the media behemoth's appeal against notice issues to it in 2015 by the IT department for allegedly not disclosing hundreds of crore received through its subsidiaries overseas.

The bench, however, made it clear that it did not express any opinion on facts of the case and the I-T department may issue a fresh notice if permissible under the law. The only issue is that the I-T department has not adopted fair or proper procedure as the TV channel was "deprived of the fair chance" and "a proper and adequate opportunity" to reply to the notice under the law.

covid-19-sc-to-take-up-urgent-cases-only-rest-to-be-heard-via-vc-

Covid-19: SC to take up urgent cases only, rest to be heard via VC

By IndianMandarins 23 Mar 2020

Chief Justice of India (CJI)  Sharad Arvind Bobde has decided that the Supreme Court will hear only “extremely urgent” cases in the coming week, while ruling out complete shutdown of the apex court. Only one bench will be available to take care of judicial work. And if necessary, it will sit on Wednesday for important proceedings.

According to CJI, a Bench of two Judges, as may be necessary to hear extremely urgent cases, will be available to transact judicial work. At the same time, he told that there will be a facility to conduct hearings through video conferencing. Towards that end, rooms with requisite facilities for this purpose will be made available according to the convenience of  lawyers

Further, in order to get the case listed before the bench, the advocate concerned should indicate the extreme urgency of the matter in writing before the bench.

sc-full-strength:-will-the-burden-on-courts-ease-out-

SC full strength: Will the burden on courts ease out?

By IndianMandarins 24 Sep 2019

With lots of high profile cases pending in the Supreme Court, the complete strength of apex court gives a sigh of relief to all and sundry. Most of the courts across the country face shortage of judges resultantly delay in disposal of ever piling up cases but four more judges taking over charges in the Supreme Court would address the issue of pending cases.

 

The government recently increasing the number of SC judges from 31 to 34 on request of CJI will expedite the process of disposal of pending cases. The SC has to deal with almost every high profile cases from Ramjanmabhoomi to Aadhar case. Sources said that that recently the collegium appointed over a dozen of judges in Allahabad High Court too. So not only bureaucratic appointments but appointment in judiciary is equally important in terms of governance.

sc-seeks-centre's-view-on-bringing-all-tribunals-under-one-umbrella

SC Seeks Centre's View on Bringing All Tribunals Under One Umbrella

By IndianMandarins 28 Mar 2019

The Supreme Court on Wednesday sought to know from the Centre within two weeks its view on bringing all the quasi-judicial bodies under one central umbrella body. The apex court said it does not like to be bogged down with what is right or wrong and all it wants is that "the tribunals work efficiently and independently".

 

This observation of the court came during the course of a Constitution Bench hearing the case filed by the Madras Bar Association on the issues plaguing Tribunals across India.

 

Chief Justice of India Ranjan Gogoi headed the Bench, which also comprised Justices NV Ramana, DY Chandrachud, Deepak Gupta and Sanjiv Khanna.

 

Standing for the petitioner, Senior Advocate Arvind Datar pointed out that there are presently 93 Tribunals, including all quasi-judicial bodies. Gogoi stated that there are 36 major Tribunals which can be classified based on the subject matter they deal with.

The Bench also touched upon the expertise of persons heading these bodies. The CJI noted: “Often times, a person has worked in a certain area of law till the age of 58-59, and then suddenly they are appointed as members of a tribunal dealing with a whole different subject matter.”

 

He added “There is no dispute today that most of the tribunals are non-functional.”

A practical solution, in his view, was to have as few of them as possible.

 

Datar went on to highlight the problems Tribunals across the country are facing. He cited the example of the National Green Tribunal, which is only functioning in Delhi, despite having benches across the country. He also highlighted the lack of infrastructure and inadequate budgetary allocation to these bodies. He further submitted “Different Tribunals are administered by different administrating bodies. There is no uniformity on administration.”

 

After Datar concluded his submissions, Attorney General KK Venugopal began his arguments addressing the issue of vacancies, and submitted a report on the same to the Bench.

 

He then apprised the Court of the steps taken by the government in an attempt to fill vacancies in Tribunals. The steps taken included issuance of circulars, sending of applications to the Supreme Court as regards current vacancies, as well as anticipated vacancies, Venugopal submitted.

 

At this juncture, the Bench summoned Supreme Court Registrar PK Sharma, seeking details on the applications forwarded to the Court. After a brief discussion, it came to light that proposals for appointments to the Debts Recovery Tribunal and Debts Recovery Appellate Tribunal were received three days ago.

 

After Venugopal concluded his arguments, the Bench asked the Centre to file an affidavit stating the procedure and time within which the Court’s previous order vis-a-vis Tribunals will be implemented. It was emphasised that the Central Administrative Tribunal, the Intellectual Property Appellate Board, the Armed Forces Tribunal, the National Green Tribunal and the Income Tax Appellate Tribunal require immediate attention.

 

The Court also stated that the earlier recommendations made with respect to the National Company Tribunal and National Company Appellate Tribunal be implemented within two weeks.

centre-was-vindictive-towards-whistleblower-officer:-sc

Centre was vindictive towards whistleblower officer: SC

By IndianMandarins 06 Feb 2019

In a surprising move the Apex Court has imposed a Rs 25,000 cost on the Centre upholding a Uttarakhand HC order which had found the Union government ‘vindictive’ towards Magsaysay award winner, Sanjiv Chaturvedi (IFS:2002:UD); formerly CVO, AIIMS.

 

The case relates to the Union Health Ministry which had given Chaturvedi, with the approval of the AIIMS Director and J P Nadda, a zero rating in the 2015-16 annual appraisal who had unearthed several scams involving senior officials, for which he had also given the Magsaysay award. Ironically, Chaturvedi had outstanding grading (APAR) till that year for 05 consecutive years and commended on record by the Union Health Secretary and Health minister for his exemplary work.

 

It may further be mentioned that the cost imposed by SC comes as an addition to an existing cost imposed by the Uttarakhand HC in 2018 when it held the Central govt to be vindicated against the whistleblower officer.

punjab-dgp-gets-extension-till-sept-30

Punjab DGP gets extension till Sept 30

By IndianMandarins 16 Jan 2019

The outgoing Punjab DGP Suresh Arora (IPS:1982:PB) was, on Wednesday, given 12 months extension beginning September 30 i.e. his superannuation. It may be underlined that Arora was given three-month extension last year till December 31 as he retired on September 30 and then got one-month extension by the Apex Court as the case was in the court. He has been serving as state DGP since 2015.

 

The NaMo administration issued the order on a day when the SC rejected pleas made by five states, including Punjab, seeking modification of its earlier order on the appointment of state DGPs. The apex court had in July 2018 outlined the procedures for the appointment of regular DGPs in states. 

nataraj-appointed-additional-solicitor-general-in-sc

Nataraj appointed Additional Solicitor General in SC

By IndianMandarins 15 Jan 2019

The President of India appointed Senior Advocate K M Nataraj as the Additional Solicitor General (ASG) in the Supreme Court. His term, beginning 14 Januay 2019, will end on June 30, 2020.

 

He also served as the Additional Advocate-General of Karnataka for four years from 2009. He also as the Additional Solicitor General of India for Southern Zone for a period of 03 years. It may be noted that last month, Advocate Madhavi Divan was appointed ASG in the Supreme Court and became the third woman to become an ASG in the Apex Court. 

dgp-appointments:-sc-to-hear-states'-petition-on-jan-15

DGP appointments: SC to hear states' petition on Jan 15

By IndianMandarins 10 Jan 2019

The Supreme Court will hear on January 15 the petitions of various state governments seeking to implement their local laws regarding the selection and appointment of Director General of Police (DGP).

 

Among the states which have filed the petitions are Bihar, Punjab, Haryana, West Bengal, and Kerala. These states desire a modification of the SC's earlier order directing all the states to mandatorily take the assistance of the UPSC in short-listing the names for appointing DGPs.


The apex court had on December 12 last year extended till January 31 the tenures of present DGPs of Punjab and Haryana and agreed to hear the states' pleas seeking to implement their local laws regarding the selection and appointment of the police chief.


It may be noted that DGPs Suresh Arora (Punjab) and BS Sandhu (Haryana) were due to retire on December 31 last year and now they will remain in office till January 31 in accordance with the earlier order of the SC.

 

The top court, on July 3 last year, had passed a slew of directions on police reforms in the country and laid down the steps for appointment of regular DGPs.

 

It had stated that the states will have to send a list of senior police officers to the Union Public Service Commission (UPSC) at least three months prior to the retirement of the incumbent.

 

The commission will then prepare a panel and intimate to the states, which in turn will immediately appoint one of the persons from that list.

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