Autorickshaw aggregators can charge 10% surcharge, says Karnataka HC
Bengaluru, Oct 15: The High Court of Karnataka has directed the State government to fix the fare of app-based autorickshaw aggregators within 15 days. Till then, the court allowed the service providers to also collect 10 per cent additional charge above the fare already fixed by the government. The government last fixed the autorickshaw fares on June 11, 2021.
One of the reasons for the government to ban app-based autorickshaw-hailing service was that they were charging surcharge over and above the fare fixed by the government.
Justice MGS Kamal, in his order issued on Friday, allowed the 10 per cent surcharge along with applicable GST and said this would be a only temporary measure till the new fares are fixed.
The aggregators had sought at least 20 per cent surcharge, but the Transport Department was not willing to allow more than 10 per cent.
Last week, the government banned app-based autorickshaw-hailing services on the grounds that the licence issued under the Karnataka On-Demand Transportation Technology Aggregator Rules was only for cabs and not autorickshaws. The ANI Technologies Private Limited which operates Ola, Roppen Transportation Services Pvt Ltd and Uber India Systems Private Limited challenged the ban before the court.
On Thursday, Justice MGS Kamal heard the petitions and suggested that the authorities and the companies arrive at a compromise and make a common submission. The government has agreed to talk to the aggregators.
While the State government argued that autorickshaws are not covered under its rules, the court said the Motor Vehicles Aggregator Guidelines 2020 (MVAG) issued by the Central government covers autorickshaws, e-rickshaw, motorcycles, and buses too. All these vehicles can be used to offer aggregator service, the court said.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
SC dismisses pleas seeking review of 2023 verdict declining legal sanction to same-sex marriage
New Delhi, Jan 9: The Supreme Court on Thursday dismissed a batch of pleas seeking to review its October 2023 verdict declining legal sanction to same-sex marriage.
A five-judge bench of Justices B R Gavai, Surya Kant, B V Nagarathna, P S Narasimha and Dipankar Datta took up about 13 petitions related to the matter in chambers and dismissed them.
"We do not find any error apparent on the face of the record. We further find that the view expressed in both the judgements is in accordance with law and as such, no interference is warranted. Accordingly, the review petitions are dismissed," the bench said.
It said the judges have carefully gone through the judgements delivered by Justice (since retired) S Ravindra Bhat speaking for himself and for Justice (since retired) Hima Kohli as well as the concurring opinion expressed by Justice Pamidighantam Sri Narasimha, constituting the majority view.
The bench also rejected a prayer made in the review petitions for hearing in an open court.
According to practice, the review pleas are considered in chambers by the judges.
The new bench was constituted after Justice Sanjiv Khanna, the present CJI, recused from hearing the review petitions on July 10, 2024.
Notably, Justice P S Narasimha is the only member of the original Constitution bench comprising five judges which delivered the verdict, as former CJI D Y Chandrachud and Justices S K Kaul, Ravindra Bhat and Hima Kohli have retired.
A five-judge Constitution bench led by then CJI Chandrachud on October 17, 2024, refused to accord legal backing to same-sex marriages and held there was "no unqualified right" to marriage with the exception of those recognised by law.
The apex court, however, made a strong pitch for the rights of LGBTQIA++ persons so that they didn't face discrimination in accessing goods and services available to others, safe houses known as "garima greh" in all districts for shelter to members of the community facing harassment and violence, and dedicated hotlines in case of trouble.
In its judgement, the bench held transpersons in heterosexual relationships had the freedom and entitlement to marry under the existing statutory provisions.
It said an entitlement to legal recognition of the right to union, akin to marriage or civil union, or conferring legal status to the relationship could be only done through an "enacted law".
The five-judge Constitution bench delivered four separate verdicts on a batch of 21 petitions seeking legal sanction for same-sex marriages.
All five judges were unanimous in refusing the legal recognition to same-sex marriage under the Special Marriage Act and observed it was within Parliament's ambit to change the law for validating such a union.
While former CJI Chandrachud wrote a separate 247-page verdict, Justice Kaul penned a 17-page judgement where he broadly agreed with the former's views.
Justice Bhat, who authored an 89-page judgement for himself and Justice Kohli, disagreed with certain conclusions arrived at by the former CJI, including on applicability of adoption rules for such couples.
Justice Narasimha in his 13-page verdict was in complete agreement with the reasoning and conclusion of Justice Bhat.
The judges were unanimous in holding that queerness was a natural phenomenon and not an "urban or elite" notion.
In his judgement, the former CJI recorded Solicitor General Tushar Mehta's assurance of forming a committee chaired by the cabinet secretary to define and elucidate the scope of entitlements of such couples in a union.
The LGBTQIA++ rights activists, who won a major legal battle in 2018 in the Supreme Court, which decriminalised consensual gay sex, moved the apex court seeking validation of same-sex marriages and consequential reliefs such as rights to adoption, enrolment as parents in schools, opening of bank accounts and availing succession and insurance benefits.
Some of the petitioners sought the apex court to use its plenary power besides the "prestige and moral authority" to push the society to acknowledge such a union and ensure LGBTQIA++ persons led a "dignified" life like heterosexuals.
