by admin | May 25, 2021 | Markets, Networking, News, Politics, Technology
New Delhi : The Supreme Court on Friday extended the deadline for linking of Aadhaar to various government schemes, as also mobile phones and bank accounts from December 31 to March 31, 2018.
However, the Constitution Bench headed by Chief Justice Dipak Misra said that those who did not have an Aadhaar number but were opening bank accounts would have to furnish their enrollment numbers for the unique id.
The interim order would be subject to the final outcome of the batch of petitions challenging the constitutional validity of the Aadhaar Act on the grounds of it violating the fundamental right to privacy.
The next hearing would take place on January 17, 2018.
—IANS
by admin | May 25, 2021 | Corporate, Corporate Governance, News
New Delhi : The Supreme Court on Wednesday stayed an NCLT order suspending real estate major Unitech’s directors and allowing the Centre to appoint its nominees in their place.
A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud stayed the December 8 order of the National Company Law Tribunal by which it had suspended nine directors of the Unitech and allowed the government to appoint its nominee directors.
At the outset of the hearing, Attorney General K.K. Venugopal regretted the government’s moving the tribunal without first approaching the top court.
In view of Venugopal’s statement, the Chief Justice in a brief order said: “We direct the stay of the December 8 order of NCLT…”
The apex court was told by Unitech on Tuesday that the NCLT could not have passed the December 8 order in view of the Supreme Court’s October 30 order that said “no coercive steps would be taken against Unitech”.
The top court by its October 30 order had directed Unitech’s promoter Sanjay Chandra to deposit Rs 750 crore by December end – a condition for his release from jail.
By the same order, the top court had also refused to interfere with other proceedings going on before other judicial forums with a rider that no coercive action would be taken against him for the execution of orders passed by them.
The principal bench of the NCLT by its December 8 order had suspended eight directors of the Unitech and restrained them from functioning.
It had further restrained them from “alienating, mortgaging, creating charge, or lien, or interest in the properties owned by them personally or that of the company till the conclusion of investigation as ordered by it on October 6, 2016.
The government had moved the NCLT under Section 241(2) of the Companies Act, 2013 for taking over the management of the Unitech in public interest.
Section 241(2) of the Companies Act says: “(2) The Central Government, if it is of the opinion that the affairs of the company are being conducted in a manner prejudicial to public interest, it may itself apply to the Tribunal for an order under this Chapter.”
This is the second occasion when the government has taken recourse to the Section 241(2) for taking over the management of an embattled company.
Chandra and his brother Ajay were arrested in April after investors, who did not get flats in the company projects as promised, filed complaints of cheating against them.
They were sent in judicial custody after the trial court refused to extend the three-month interim bail granted to them in April.
The Delhi High Court too, refused to extend the interim bail that ended on August 10.
—IANS
by admin | May 25, 2021 | News, Politics
New Delhi : The Supreme Court on Friday directed the Uttar Pradesh government to prepare a holistic plan for the protection and preservation of Taj Mahal and the environment around it so that historic monument could be there for another 400 years and not just for generations.
The bench of Justice Madan B. Lokur and Justice Deepak Gupta also termed as “ad hoc” the measures spelt out by the state government that are being taken or will be taken for the protection of the Taj Mahal and a clean environment around it.
The state government said that it had asked the School of Planning and Architecture to prepare the plan, but the court said this plan should involve experts in the field of culture, history, archaeology and other spheres.
“How can you keep out the people the country (in the preparation of the plan). This (plan making) can’t be closed door affair,” Justice Lokur said as Additional Solicitor General Tushar Mehta urged the bench that instead of experts, the court could ask for consultation with petitioner M.C. Mehta and advocate A.D.N.Rao, noting that that petitioner Mehta has 33 years experience in dealing with environment matters.
This monument has to be protected not for just one generation but for 300 to 400 years to come, the bench said.
As ASG Mehta told the court that November 27 communication by the Uttar Pradesh government says that the School of Planning and Architecture would prepare the plan in consultation with the stake holder, Justice Lokur quipped if stakeholder meant the “commissioner of Agra Division” and told him the court doesn’t want a bureaucratic plan but a holistic plan addressing the diverse aspects relating to the monument’s preservation and protection and the environment around it.
“They must consult the experts. There is no shortage of them. There is no hurry. No need for a bureaucratic response. We have seen what it (bureaucratic response) means from time to time,” the bench said.
“You can have an interim report. Don’t be in hurry. You are looking for something that has to last for 400 years,” said Justice Lokur.
Holding that “we have to look at it in a pragmatic way”, he said: “What is required is a larger look at the picture. Earlier we had five year plans with some objectives and goals.”
Referring to the Narendra Modi government’s goal of a new India by 2022, Justice Lokur said: “You can’t have a new India with your hands in pocket….”
Pointing out that 70 per cent of the trees being planted were perishing, the court said: “When you don’t have a plan and take ad hoc measures, then such things happen.”
Giving liberty to the School of Planning and Architecture to approach it for any clarification, the court adjourned the matter for eight weeks.
—IANS
by admin | May 25, 2021 | News, Politics
New Delhi : The Supreme Court on Friday issued notice on a plea seeking a country-wide ban on the manufacture, sale and bursting of firecrackers, including burning of stubble by agriculturists.
A bench of Justice A.K. Sikri and Justice Ashok Bhushan gave the Centre four weeks time to respond to the plea by a child, Arjun Gopal, represented by lawyer Gopal Shankarnarayan.
The court has been moved by other petitioners as well. They are seeking a ban on the manufacture, sale and bursting of firecrackers, as it was contributing to an already alarming state of air pollution.
—IANS
by admin | May 25, 2021 | News
New Delhi : The Supreme Court on Monday set Hadiya, a 24-year-old Hindu woman from Kerala who converted to Islam, free from the custody of her parents and directed that she be allowed to complete her studies at a Salem homeopathy college.
Allowing Hadiya to walk free, the bench headed by Chief Justice of India Dipak Misra directed the Salem college to allow her to complete her house surgeon internship.
The court directed that she should be allowed to meet people as per the medical college hostel rules.
The court order came after the bench, also comprising Justice A.M. Khanwilkar and Justice D.Y. Chandrachud, interacted with her for about 25 minutes during which she expressed her desire to complete her house surgeon internship and pursuer her career as a homeopathic doctor.
The court directed the Kerala government to ensure that she safely reaches her medical college in Salem in the custody of plainclothes police personnel.
Hadiya was asked to be present in the court on Monday to ascertain her views on her marriage to a Muslim man, Shafin Jahan. Her parents have alleged it is a case of “forced conversion”.
Her father, Asokan, has alleged that she was a pawn in the larger scheme of indoctrinating and recruiting of ISIS recruits. Earlier, the Kerala High Court had nullified her marriage to Jahan and she was given in the custody of her father.
Shafin Jahan had challenged the Kerala High Court order of May nullifying his marriage with Hadiya and sought recall of the court order asking NIA to investigate the conversion of Hadiya to Islam and her marriage.
—IANS
