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Showing posts with the label Supreme Court Verdict

Sambhal Dispute: Supreme Court Intervenes on Controversial Well Outside Mosque

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  Sambhal Dispute: Supreme Court Intervenes on Controversial Well Outside Mosque In a significant development, the Supreme Court of India directed the Sambhal Nagar Palika in Uttar Pradesh not to act on its notice concerning a well situated outside the Shahi Jama Masjid in Sambhal. This direction, issued on Friday, aims to ensure the maintenance of peace and status quo in the area. SC Stresses on Maintaining Harmony A bench led by Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar issued a notice to the Uttar Pradesh government, asking it to submit a status report within two weeks . This was in response to an application filed by the Committee of Management of Shahi Jama Masjid, which raised concerns over the potential misuse of the well for purposes other than its original intent. Mosque Committee’s Appeal The committee requested the District Magistrate to maintain the status quo concerning the private well located near the mosque’s entrance. Senior advoca...

Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...

Supreme Court Puts Order on Hold: Balwant Singh Rajoana's Mercy Plea to be Heard on November 25

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Supreme Court Puts Order on Hold: Balwant Singh Rajoana's Mercy Plea to be Heard on November 25   In a significant turn of events, the Supreme Court of India put on hold its earlier directive requiring the President of India to decide on the mercy petition of Balwant Singh Rajoana, a death-row prisoner convicted for the 1995 assassination of Punjab Chief Minister Beant Singh. The court, responding to the Centre's request, will now hear the matter on November 25, 2024. Background: The Case of Balwant Singh Rajoana Balwant Singh Rajoana, a member of the Babbar Khalsa militant group, was sentenced to death for his role in the 1995 assassination of Beant Singh , who was killed in a bomb explosion in Chandigarh. Rajoana has been in prison for nearly 29 years , much of this time on death row.   The assassination was a high-profile incident, reflecting the volatile political environment in Punjab during the 1990s. Beant Singh was targeted for his efforts to combat militancy...

Supreme Court Upholds MHADA Act: Balancing Private Property and Public Welfare under Directive Principles

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Supreme Court Upholds MHADA Act: Balancing Private Property and Public Welfare under Directive Principles  The Supreme Court of India has rendered a comprehensive judgment on a significant constitutional case concerning the validity of the Maharashtra Housing and Area Development Act (MHADA Act) under the constitutional protections provided by Articles 31-C and 39(b). This case addresses the legitimacy of the MHADA Act's Chapter VIII-A, which enables the acquisition and transfer of certain dilapidated properties in Mumbai to cooperative societies for repair and reconstruction. Background and Genesis of the Case The issue originates from Mumbai's housing challenges, where pre-1940 buildings face severe dilapidation risks, exacerbated by the city's climate and monsoon seasons. This led to the enactment of the MHADA Act in 1976, establishing a cess to fund repairs. However, these measures proved insufficient due to the magnitude of the problem, prompting an amendment in 1986 t...

Supreme Court Dismisses Review Pleas on States' Power to Levy Tax on Minerals

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Supreme Court Dismisses Review Pleas on States' Power to  Levy Tax on Minerals In a significant ruling, the Supreme Court of India has dismissed review petitions challenging its earlier judgment, which allowed states to levy taxes on mineral-bearing lands . The judgment also upheld that royalty on extracted minerals is not a tax. The petitions were aimed at revisiting the decision of the nine-judge bench but were rejected by a majority verdict. Background of the Case The core issue in the case revolved around whether state governments have the power to levy taxes on mines and minerals , a matter of critical importance for natural resource management and fiscal federalism . The nine-judge bench of the Supreme Court had ruled in July 2024 that states hold the legislative power to tax mineral rights and that royalty payments made to the government are contractual considerations , not taxes. The decision was appealed by the Central Government , pointing out what it termed as ...

Supreme Court Calls NRI Quota a "Fraud": Time to End the Misuse in Medical College Admissions

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Supreme Court Calls NRI Quota a "Fraud": Time to End the Misuse in Medical College Admissions In a landmark decision, the Supreme Court of India  has made it clear that the Non-Resident Indian (NRI) quota  in medical college admissions has been severely misused and must be stopped. The Court dismissed three petitions that challenged the Punjab and Haryana High Court's  ruling, which had quashed a Punjab government notification aimed at amending the conditions for NRI quota admissions in medical colleges. The apex court called the entire system a "fraud" that is damaging India’s education system and must come to an end. The Problem: The Misuse of NRI Quota The original intention behind the NRI quota was to offer Non-Resident Indians  (Indian citizens living abroad) and their children a way to secure education opportunities in India. The idea was to keep them connected to the country by providing them with some level of preference, particularly in sectors like ...