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The honourable Supreme Court has hinted that it could disallow <keyword id="102342" type="ORGANIZATION" weightage="100" keywordseo="Public-Interest-Litigations">public interest litigations</keyword> (PILs) that involve commercial interests so that proxy corporate wars from can be prevented in the court. 
 
In the past, PILs have resulted in historic court orders that left considerable business impacts, for example group cancellation of telecom spectrum and coal block allocations. 
 After it disallows commercial interest PILs, the court might restrict its dealing to selective PILs, which would be selected after a rigorous scrutiny process. The decision was hinted at by a three-judge bench, including Chief Justice TS Thakur and Justices AK Sikri and R Banumathi. The bench was hearing a petition on the acquisition of <keyword id="2285630" type="UNKNOWN" weightage="100" keywordseo="Infotel-Telecom">Infotel Telecom</keyword> by Reliance Industries. 
 
"In the next phase of development (in PILs), we must ensure that that the process is not abused, only used in the fittest of cases. It must be an institutional mechanism," Justice Thakur told ET. 
 
He further suggested that a credible interface between the judicial process and the civil society is needed. 
 "How do we prevent misuse of the judicial process to settle scores, commercial rivalries," the CJI asked <keyword id="6368850" type="PERSON" weightage="100" keywordseo="Prashant-Bhushan">Prashant Bhushan</keyword>, the advocate for the petitioner, NGO Centre for Public Interest Litigation (CPIL). 
 
"You must satisfy us that the information, that your process of verifying information which comes to you, must be credible. We won't allow the process to be taken for a ride," Justice Thakur told Bhushan after he told the court that the NGO had so far filed 50 cases. 
 
"We must be convinced that your petition is genuine. Otherwise (Harish) Salve (who appeared for Reliance) will say you are settlings scores," the CJI said. The case has been reserved by the court for the final order. 
 
Bhushan, on the other hand, said that public interest is a hige factor in deciding whether or not to file a case in court, and that commercial interest might be incidental. 
 
To this, the CJI rejected the view and said, "When so much time is spent on them (such cases) and litigation costs are so high, we must devise ways to keep out commercial fights and business rivalries. We may end up spending precious time to only draw a blank." 
 
<a href="http://legaltrigger.com/images/5052261194.jpg">Image source</a>

PILs with commercial interest might be disallowed, hints the Supreme Court

The <keyword id="6354977" type="ORGANIZATION" weightage="100" keywordseo="Supreme-Court">Supreme Court</keyword> has lifted the ban it had imposed on the registration of large diesel-powered vehicles in Delhi and NCR, after automakers offered to pay a 1% environment protection charge on every car that gets registered in the region. 
 
The ban was imposed on the registration of passenger vehicles having engines with 2 litres and more capacity in last December, so that the rising air pollution could be controlled. 
 
"Let (the environment protection charge of) 1% come. Pollution is now under control," said an SC bench comprising Chief Justice TS Thakur and Justices AK Sikri and R Banumathi. 
 
The companies will be paying 1% charge on the vehicle's ex-showroom price, excluding local levies and insurance cost. The rate can be modified or removed later, and could also be imposed on vehicles having less than 2-litre engines. 
 
<a href="http://quintype-01.imgix.net/thequint/2016-01/7433c2f5-333d-44bc-a591-62dacc9f919f/delhi-traffic-reuters.jpg">Image source</a>

Supreme Court lifts ban on large diesel vehicles’ registration in Delhi, NCR

In what can be a setback for automakers, the <keyword id="146133" type="ORGANIZATION" weightage="20" keywordseo="National-Green-Tribunal">National Green Tribunal</keyword> said no new diesel vehicles will be registered in Delhi, amid clamour on rising pollution levels. 
 
In a move to curb rising pollution levels, the NGT has also directed the Centre and state governments not to buy any diesel vehicle for their departments. 
 
A bench of Chief Justice T S Thakur and Justice R Banumathi expressed shock over the high pollution level in the city and directed the Centre and state government to bury their differences and prepare a mutually agreeable common minimum programme to tackle the crisis. 
 
The move, however, will not impact private individuals. 
 
The NGT also said that there will be no re-registration after 10 years of diesel vehicles in the Capital. 
 
Speaking about Delhi government's odd-even formula, the bench said, “There can't be a single solution of the problem. There has to be multi-pronged approach. All authorities including the Centre and state government should sit together along with environmental experts. There should be brainstorming session and they should come out with a solution.”

You won’t be able to buy a diesel
vehicle in Delhi, thanks to NGT

The <keyword id="6354977" type="ORGANIZATION" weightage="100" keywordseo="Supreme-Court">Supreme Court</keyword> has said 25% of husband’s net salary is appropriate to be paid as alimony to the estranged wife. The top court said the amount is "just and proper” as alimony. While hearing a case of a West Bengal-based couple, a bench of Justices R Banumathi and M M Santanagoudar directed a resident Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband. The man had challenged a <keyword id="6364869" type="ORGANIZATION" weightage="20" keywordseo="Calcutta-High-Court">Calcutta high court</keyword> order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family. "Twenty-five per cent of the husband's net salary would be just and proper to be awarded as maintenance to the (former) wife. The amount of permanent alimony awarded to her must be befitting the status of the parties and the capacity of the spouse to pay maintenance, which is always dependant on the factual situation of the case... and the court would be justified in moulding the claim for maintenance passed on various factors," the bench said. "A Hindu woman's right to maintenance is a personal obligation so far as the husband is concerned, and it is his duty to maintain her even if he has no property. It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties," the apex court had said in a judgment it had delivered in 2016.

Supreme Court sets alimony amount, says 25% of ex-husband's net salary “just and proper”

The <keyword id="75952" type="ORGANIZATION" weightage="100" keywordseo="Supreme-Court-of-India">Supreme Court of India</keyword> has said that it would like if the total amount of outstanding loans given by banks to various individuals and entities are made public. Apparently, these loans run into lakhs of crores of rupees. 
 
"This information does make out a case. This is quite a substantial amount which is involved," a bench comprising Chief Justice T S Thakur and Justice R Banumathi said. 
 However, the central banking authority, <keyword id="6354335" type="CITY" weightage="100" keywordseo="reserve-bank-of-india">Reserve Bank of India</keyword> (RBI), has said that there are confidentiality clauses involved and if disclosed, the figure will have its own impact. 
 
The bench said that it has noted that the issue was important, and will examine if the total amount of defaulting loans running into crores of rupees can be disclosed. It also asked the parties involved in the matter to frame various debatable issues regarding the matter. 
 
A petition was filed in 2003 by NGO Centre for Public Interest Litigation (CPIL), which had originally raised the issue of loans advanced to some companies by state-owned Housing and Urban Development Corporation (HUDCO). As per the plea, about Rs 40,000 crore of corporate debt was written off in 2015. 
 
The Supreme Court had earlier directed the RBI to provide a list of companies which are defaulters of bank loans of over Rs 500 crore, because the sum involved is huge and poses serious concern over the rise in bad loans. RBI was given a time frame of six weeks to provide the list of companies whose loans have been restructured under corporate debt restructuring schemes.

Supreme Court wants the loan default amount to be made public, RBI resists

In a major relief to automakers, the <a href="http://www.businessinsider.in/searchresult.cms?query=supreme+court&amp;sortorder=effectivedate">Supreme Court</a> said it may lift the <a href="http://www.businessinsider.in/searchresult.cms?query=diesel+ban&amp;sortorder=effectivedate">ban on diesel-run vehicles</a> with a capacity of 2000 CC and above in Delhi-NCR. 
 
However, the Supreme Court said the relaxation will be subject to a levy of one-time environment compensation cess. 
 
"We are inclined to allow registration. We are open to the registration subject to some kind of one-time cess," said a bench comprising Chief Justice T S Thakur and Justices A K Sikri and R Banumathi. 
 
The Supreme Court explored options of levying <a href="http://www.businessinsider.in/searchresult.cms?query=green+cess&amp;sortorder=effectivedate">green cess</a> at the time of registration of large diesel vehicles and sought opinion of lawyers appearing for automobile majors on the same. 
 
"Can you (lawyers for auto firms) ask your people to work out details as to what may be the cess to be levied on such vehicles with regard to the showroom price etc," it said. 
 
The lawyers said it was not an "adversarial" litigation and the amount of cess can be worked out. 
 
The bench also inquired about as to whether there was any prescribed emission standards for diesel vehicles. 
 
The bench has sought reports with regard to the research works carried out on the impact of Euro-IV norms on vehicular emission. 
 
Earlier, automobile giants like <a href="http://www.businessinsider.in/searchresult.cms?query=mercedes&amp;sortorder=effectivedate">Mercedes</a>, <a href="http://www.businessinsider.in/searchresult.cms?query=toyota&amp;sortorder=effectivedate">Toyota</a>, Mahindra and <a href="http://www.businessinsider.in/searchresult.cms?query=general+motors&amp;sortorder=effectivedate">General Motors</a> had moved the apex court for modification of the order by which registration of their high -end diesel vehicles, with an engine capacity of 2000 CC and above was barred in Delhi and NCR. 
 
While continuing with the status-quo on registration of high-end diesel vehicles, the court had asked the big car makers not to treat the PIL as an "adversarial litigation" and "treat it in public interest". 
 
In order to bring down pollution levels in Delhi-NCR, the Supreme Court had banned registration of heavy diesel-run vehicles in December last year. 
 
(Image: Indiatimes)

SC is ready to lift ban on sale of large diesel-run vehicles but with one condition

The ban on plying of 27,000 diesel-run taxis came into effect today even as its real impact is likely to be felt only tomorrow, the first working day after the imposition of restriction. 
 
The <a href="http://www.businessinsider.in/searchresult.cms?query=supreme+court&amp;sortorder=effectivedate">Supreme Court</a> yesterday refused to extend the April 30 deadline fixed for the diesel-run taxis for their conversion into <a href="http://www.businessinsider.in/searchresult.cms?query=CNG&amp;sortorder=effectivedate">CNG</a> mode. 
 
Authorities in various locations today impounded diesel-run cabs plying on the local routes in the national capital. 
 
 
 
"Instructions have been issued to concerned authorities, including transport department, to impound diesel-run taxis plying in Delhi-NCR," said a senior government official. 
 According to <keyword id="66" type="COMPANY" weightage="100" keywordseo="Delhi">Delhi</keyword> transport department, about 60,000 taxis are registered in the national capital and of them 27,000 are running on diesel. 
 
Around 2,000 diesel-run taxis had converted into CNG mode in the last two months. 
 
The SC order is not applicable on cabs having All India Permits but most of the diesel cabs ply on local routes. The ban will essentially bring down the availability of cabs in the capital. 
 
"As per rule, taxis having All India permit are required to cover a distance of around 200 km. Taxis having All India permits cannot ply from one point to other point inside Delhi, Noida and Ghaziabad," the official said. 
 Cabs going off roads may inconvenience thousands of commuters as many <keyword id="3344947" type="UNKNOWN" weightage="100" keywordseo="diesel-taxis">diesel taxis</keyword> ferry people from Delhi, Noida, Gurgaon and Ghaziabad. 
 
"We can't keep on extending the time. We are not extending it now and not going to make any exceptions. There is technology available, you convert," a three-judge bench headed by Chief Justice T S Thakur had yesterday said while rejecting the plea that it would affect livelihood of poor drivers. 
 
The bench, also comprising Justices A K Sikri and R Banumathi, had on March 31, extended the deadline till yesterday for conversion of all diesel taxis to CNG. 
 
Image credit: Indiatimes

You Searched For "Justice R Banumathi" and got 7 results

PILs with commercial interest might be disallowed, hints the Supreme Court

BI India Bureau

Supreme Court lifts ban on large diesel vehicles’ registration in Delhi, NCR

BI India Bureau

You won’t be able to buy a diesel vehicle in Delhi, thanks to NGT

BI India Bureau

Supreme Court sets alimony amount, says 25% of ex-husband's net salary “just and proper”

BI India Bureau

Supreme Court wants the loan default amount to be made public, RBI resists

BI India Bureau

SC is ready to lift ban on sale of large diesel-run vehicles but with one condition

BI India Bureau

Ban on diesel-run taxis comes into effect in Delhi-NCR

BI India Bureau

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