he Supreme Court has ruled, the sale of a property during its seizure proceedings by government agencies is illegal and the new owner who purchases it in good faith cannot lay its claim over it. A bench of justices R M Lodha and A R Dave said once the notice is issed by the government agency for forfeiture,जब्ती the right over the property stands vested in the government and it cannot be sold by its owner. The verdict came on a plea seeking court's direction to the Enforcement Directorate to grant the possession of a flat in Bengaluru, sold when it was being forfeited by the ED.

Announcement

upreme Court has ordered to halt the Mining operations in all the 90 mines in Goa. The order was pronounced by the Apex Court on the basis of the Justice M B Shah Commission report which estimated a whopping Rs.35,000 crore to the exchequer due to illegal mining in the last 12 years. Mining companies have also been restrained from exporting and selling ores which has already been extracted. A three judge bench headed by Justice Aftab Alam took note of the Commission's report and issued notice to the Centre and State government. The bench also asked the apex court-appointed Central Empowered Committee to submit its report on the illegal mining in the state within four weeks. The bench passed the order on a PIL filed by an NGO, Goa Foundation, seeking probe in the illegal mining activities in the state.

Announcement

he Supreme Court has sought the assistance of top law officers, that of the Attorney General or the Solicitor General, in hearing a petition against the opening of the multi brand retail sector to foreign direct investment (FDI). Without issuing notice to the Centre, a bench of justices R M Lodha and A R Dave asked the petitioner to serve the copy of the petition to Attorney General (AG) or Solicitor General (SG) saying it needs some necessary clarification on the issue. The bench, which posted the matter for hearing on 12th October directed the petitioner to delete the name of the Prime Minister as a party in the petition. While seeking the assistance of top law officers, the bench said that they just want to have little clarity on the issue as some link is missing. During an hour-long hearing, the bench said opening the retail sector to FDI is a policy matter and policy is exclusively in the domain of the government of the day. Some may say it is good and some may say it is bad but nothing is ultra vires. The bench further observed that these are matters dealt with exclusively by ministries . The court was hearing a Public Interest Litigation (PIL) petition filed by a advocate who has alleged that the notification was issued without the authority of law as approval of neither the President nor the Parliament was secured.

Announcement

 Pakistan's Supreme Court today disqualified 12 federal and provincial lawmakers, including Interior Minister Rehman Malik, for violating provisions of the Constitution by holding dual nationality. A three-judge bench headed by Chief Justice Iftikhar Chaudhry issued the order in response to a petition filed by Mehmood Akhtar Naqvi, who had asked the apex court to disqualify all lawmakers having dual nationality.

 The Supreme Court has said, the government and private educational institutions should provide qualitative education to children and the eligibility criteria for appointment of teachers must be strictly adhered to.

A bench of justices B S Chauhan and F M Ibrahim Kalifulla said that life of democracy depends on a high standard of education which must be maintained at all costs.

The court passed the observation while adjudication a case pertaining to termination of job of a teacher who was not having requisite qualification. the final judgment in a legal proceeding; the act of pronouncing judgment based on the evidence presented

The Supreme Court today refused to frame guidelines across the board for reporting sub-judice matters. The apex court however laid down a constitutional principle under which aggrieved parties can seek postponement of publication of court hearings. A five-judge bench headed by Chief Justice S H Kapadia said that the freedom of speech and expression is not an absolute a right under the constitution and journalists should know the Lakshman Rekha so that they do not cross the limit of contempt. The court said that it was laying down the constitutional principle which will allow the aggrieved parties to seek from appropriate court the postponement of the publication of court hearings.
The bench said the concerned court will decide the question of postponement of reporting court proceedings on case-by-case basis. While propounding put forward, as of an ideathe doctrine of postponement of publication of court proceedings, the bench said it is a preventive measure and not a prohibitive and punitive measure

 n a major setback to the Sahara Group, the Supreme Court today directed two of its companies to refund around Rs 17,400 crore to their investors within
three months with 15 per cent interest.

A bench of justices K S Radhakrishnan and J S Khehar directed SEBI to take action against the companies of Sahara India Real Estate Corporation and Sahara Housing Investment Corporation, if they fail to refund the money. The apex court allowed the regulatory body to attach properties and freeze bank accounts of these two companies if they did not comply with its order.

The bench further directed SEBI to conduct investigation against these companies to find out their actual subscriber base besides getting other relevant information.

It also directed the companies to furnish all their documents and account details to SEBI. The court also appointed a former apex court judge B N Aggarwal to oversee the probe by SEBI against the two Sahara firms.

 The Supreme Court has directed the states to file their responses within four weeks on a PIL alleging that on an average 90,000 children go missing in the country every year of which 30,000 remain untraced. A bench of justices Altamas Kabir and J Chelameshwar passed the direction after noting that most of the states have so far not filed their replies despite its directions on the 16th of March. Counsels urged the bench to issue a direction to the Centre to formulate a national plan to tackle the menace of missing children and also to define the term missing children which has not been done so far in any statute.

The Supreme Court today said that probe report of leakage of tapped conversation of former corporate lobbyist Niira Radia is hardly satisfactory.A bench of justices G S Singhvi and S J Mukhopadhaya also took strong exception to the Centre's failure to put in place a proper mechanism to prevent such leakage in future. . The bench said after the Centre submitted to it that the leakage has not been done on its part or by its officials Somebody must be made accountable for the leakage . Tata Group Chairman Ratan Tata had moved the apex court on November 29, 2010 for action against those involved in the leakage of the tapes saying that the leakage amounted to  infringement of his fundamental right to life, which includes right to privacy under Article 21 of the Constitution.

The Supreme Court today said it will consider extending its August 31 deadline given to complete the process of fresh auctioning of 2G spectrum cancelled licenses only if government gives an undertaking that its judgement would be implemented. 

In an application filed by the Telecom Ministry, the government said it needed time till November 12 to start the auction and another 40 days to complete the procedure and allocate licenses and spectrum. The application said that the entire exercise would be completed in three months and 23 days. The court had earlier extended its original June 2 deadline to August 31, 2012, refusing to grant 400 days to the government to complete the process of fresh auctioning.

It had also said the existing licenses for the 2G spectrum will continue to be operational till September 7,2012. The apex court in February had cancelled 122 licences for the 2G spectrum and had directed their fresh auctioning by June 

 n Nepal , the Supreme Court has issued a stay order on the ongoing recruitment process for Army officers.

A single bench of Justice Tahir Ali Ansari issued the interim order yesterday which effectively bars the Nepal Army to conduct any further exams for Army officer candidates who passed written exams recently.

The Apex court issued the order in response to a writ petition filed by Rakesh Yadav against the publication of result of written exams for officer level in the Army on July 25.

In the petition, he argued that Nepal Army conducted the exams only for candidates under the open category but not for those under inclusive category.

Former Lok Sabha Speaker and NDA's unsuccessful presidential candidate PA Sangma has moved the Supreme Court challenging the election of Pranab Mukherjee as President. His petition has alleged that Mr. Mukherjee was not qualified for the Presidential election as he was holding an office of profit as chairman of Indian Statistical Institute at the time of filing his nomination.
Mr Mukherjee had defeated Mr Sangma in the Presidential election on 22nd July. While Mr Mukherjee got 69.31 per cent votes, Mr Sangma garnered 30.69 per cent of the total votes.

 Centre has sought the Supreme Court's permission to review existing guidelines for conservation of tigers in the wake of its order banning tourism in core areas of tiger reserves across the country. Citing concerns expressed by the States, Centre's affidavit virtually urged the apex court to review its July 24 interim order banning tourism in the core areas of the wild cats until final orders. 

It claimed that the ban on tourism could result in not only loss of livelihood to several persons but also pose threat to wildlife and forests in the country.

The Supreme Court today asked the Centre and the Central Council for Research in Homoeopathy to conduct clinical trial of a homoeopathic medicine for treatment of cancer patients.

A bench of justices B S Chauhan and Swatanter Kumar directed that a task force of the Council, to be headed by the Centre's Director General of Health Services, would examine the effectiveness of the homoeopathic medicine, invented by Dr A M Mathur, in cancer treatment.

The court passed the order on a pleawhich claimed that the drug, invented by Dr Mathur,could be an efficacious, cost-effective and safe alternative treatment for cancer patients.

The Supreme Court today said it would not allow resumption of mining activities of iron and ore in Karnataka unless there is a statutory compliance and full implementation of reclamation and rehabilitation measures.

A special forest bench headed by justice Aftab Alam accepted all recommendations of August 16 report of the apex court-appointed Central Empowered Committee (CEC). The Apex Court asked the authorities in Karnataka to fully cooperate in the implementation of the suggestions.

The report said there was no need for any order for resumption of mining activities till the recommendations are
implemented for which all stake-holders had the meeting early this week.

The Bench granted the CEC two weeks to file a comprehensive report detailing the steps taken for statutory compliance,implementation of R&R measures and the permission needed for the resumption of mining.

 he West Bengal Government has moved the Supreme Court against the Calcutta High Court order, which struck down the Singur Land Act. The Act allowed the state to reclaim 400-acre land given to Tata Motors.

In its appeal, the state said the High Court had erred in quashing the Act.

In a blow to West Bengal Chief Minister Mamata Banerjee, the High Court had on June 22 ruled that the legislation enacted by her Government to recover the land leased to Tata Motors in Singur for its small car project was constitutionally invalid.

The Singur Land Rehabilitation and Development Act, 2011, sought to empower the State Government to take back 400 acre land, given to Tata Motors for its Nano small car project.

On an appeal by Tata Motors Ltd, the Court observed that President's assent had not been taken for the Act and as such it was void and unconstitutional. It also observed that what was done in Singur was acquisition of land by the said Act and as such it was void.


The implementation of the order was, however, stayed for two months by the division bench to allow the aggrieved party to appeal to the Supreme Court.


The Division Bench had set aside the order of single Bench, which had held the Act to be constitutional.

The Supreme Court has sought the Centre's stand on a plea by the Press Council of India against an Allahabad High Court order restraining media from reporting on movement of troops. 

The High Court had directed various Central and State Government authorities on April 10 this year to ensure that there is no reporting/release of any news item by the print or electronic media on the movement of troops.

The Supreme Court has expressed concern over the recent trend of witnesses turning hostile in high profile cases. 

Justice S Radhakrishnan said that in high profile cases, there is a regularity in the witnesses turning hostile, either due to monetary consideration or by other tempting offers which undermine the entire criminal justice system and people carry the impression that the mighty and powerful can always get away from the clutches of law thereby, eroding people's faith in the system.
The court's remark came while passing its verdict in the infamous BMW hit-and-run case, convicting 34-year-old Sanjeev Nanda under the stringent provision of culpable homicide not amounting to murder for mowing down six people, including three policemen, with his car in south Delhi in 1999. 

 he Supreme Court has said that persons driving vehicles under the influence of alcohol should not get away with minor punishment and fine. The court termed drunken driving as a menace to society,

The apex court said the pedestrians are not safe in cities with late night parties followed by drunken driving becoming a way of life among urban elite.

Justice Radhakrishanan said such incidents are bound to increase as there is no safety for pedestrians on roads.

The Centre has told the Supreme Court that it cannot restrict itself to the auction route in allocating natural resources, which will depend upon the objectives for which they are alienated.

Attorney General GE Vahanvati told a five-judge Constitution Bench headed by Chief Justice SH Kapadia that in deciding which method of allocation was appropriate in a given case, one had to ask why the property or entitlement in question was being disposed of in the first place.

The method of allocation will depend on the Government's objectives which will, in turn, depend on the reason for disposing of the asset in question.