Unmissable Stories
Supreme Court adopts new procedure for mentioning, listing of fresh cases from July 3
The Supreme Court directed the Circular to be provided to Supreme Court Bar Association and Supreme Court Advocates-on-Record Association, and further requested them to display it on the Notice Boards for information to the Members of the Bar.
Supreme Court stays Allahabad High Court order seeking report on rape victim’s mangal dosh
The Allahabad High Court had directed the Astrology Department of Lucknow University to determine if the alleged rape victim is a Mangalik, after the accused refused to marry her due to her Mangal Dosh.
[Bike Taxi Ban] Supreme Court reinstates ban on Uber bike, Rapido in Delhi
The Delhi Government had come up with a ban on 2-wheeler taxis in the National Capital, which was stayed by the Delhi High Court. In a recent development, the Supreme Court reversed the High Court’s order and brought the stay on bike taxis back.
Why Coal India Limited lost legal battle against CCI: Supreme Court verdict explained
Coal India Limited and its subsidiary Western Coalfields Limited had contended that they cannot be bound by the Competition Act, 2002 as both are governed by the Coal Mines (Nationalization) Act, 1973. The Supreme Court held that the Competition Act applies to State monopolies, Government Companies and PSUs.
Supreme Court asked the State Election Commission that why it is concerned with the source of the forces, as its primary concern must be free and fair elections.
SC defers hearing ED’s plea against Madras HC order in Senthil Balaji’s Habeas Corpus petition
S Megala, wife of V. Senthil Balaji, who has been arrested by the Directorate of Enforcement in a money laundering case, filed a habeas corpus petition, wherein the Madras High Court agreed to an urgent hearing, leading to the present SLP by ED before the Supreme Court.
BCI rule mandating Law degree from recognised College for enrolment as an Advocate, valid
The Supreme Court held that the rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/ approved by BCI cannot be said to be invalid.
The main concern of the women lawyers is over shrinking of the space or facilities allocated to them in the Nilgiris court complex.
Supreme Court grants interim bail to Ex-Encounter Specialist Pradeep Sharma
Supreme Court allowed the interim bail to Pradeep Rameshwar Sharma in Mansukh Hiren murder case to attend to the treatment of his ailing wife for reversal of Gastric Bypass surgery.
Arbitration
In the case at hand, the Delhi High Court had referred the disputes for arbitration without conclusively deciding the issue of the existence and validity of an arbitration agreement and had left it to be decided by the arbitral tribunal.
Auction and Bidding
The process of bidding takes place in a situation where large number of people show their willingness to buy a particular product or a service and auction is a process that involves buying and selling goods and services by offering them for bids, taking bids and selling the item to the highest bidder.
Criminal Investigation, Trial and Justice
Chain of Circumstantial evidence must be complete in all aspects to indicate guilt of accused
The Supreme Court was of the view that the High Court ought to have interfered with the conviction when it found one of the links in circumstantial evidence missing and not proved, respecting the settled law in this regard.
Supreme Court also reiterated that the grant of sanction is nowhere contemplated under Section 167 of the CrPC.
The Court said that the case in hand was a quintessential case where to solve a blind murder, occurring in a forest in the darkness of night, bits and pieces of evidence were collected.
Civil procedure
Rented Shop belonging to Third Party cannot be accepted as Security by surety
In the case at hand, the Security was a ‘shop’, which was not owned by the surety, but by the Municipal Corporation, Lucknow.
The Court said that allegations of fraud require special pleadings in terms of Order VI, Rule 4 CPC, 1908.
Supreme Court commented that “The situation is indeed disquieting, viewed from the perspective of the decree holders, but the law, as it stands, has to be given effect whether the court likes the result or not.”
Company Law
The Supreme Court said that it cannot adopt a doctrinaire approach. Some sacrifices have to be always made for the greater good, and unless such sacrifices are prima facie apparent and ex facie harsh and unequitable as to classify as manifestly arbitrary, these would not be interfered with by the court. Thus, no priority can be given to workers’ dues after liquidation of the company under the IBC.
The Supreme Court further held that when the actions of a Committee constituted by Cabinet are validated by the Council of Ministers and the rest of the Council, it ensures that the Rules of Business were followed by the State Government in the course of decision-making process.
Consumer Protection
Supreme Court expressed that “We fail to understand as to how the theft could be said to be in any way a deficiency in service by the Railways.”
Contract Law
Supreme Court refused to give effect to the appointment of an officer of the Ministry of Law and Justice as an arbitrator.
Property Rights
Supreme Court said that the entry of the appellant over part of the suit property is simply as a licencee of the respondent. He does not continue to occupy it in the capacity of the owner. Thus, the licence having been terminated, he has no right to remain in possession but to restore possession to the person having rightful possessory title over it.
Supreme Court’s decision on Liability for payment of Stamp Duty in Immovable Property Sale Deeds
The Supreme Court ruled that the value of the plant and machinery must be considered and ascertained for payment of stamp duty on sale deeds.
The saga of twists and turns in facts of the matter starting with a lease deed, revenue entries, compensation, expunction orders, and what not? The series of developments over the past 100 years of suit land even cautioned the Supreme Court from deciding the matter casually.
Railway Compensation
Mere absence of railway ticket on deceased does not negate them of being a bonafide passenger
‘Passenger’ would include a person who has purchased a valid ticket for travelling by a train carrying passengers on any date or a valid platform ticket and becomes a victim of an untoward incident.
Rent Control and Eviction
The Court said that Section 4 of the Tamil Nadu Cultivating Tenant Protection Act provides for restoration of possession only in limited cases and that too when the default is of only one year of lease amount to be paid.
Service Law
The Supreme Court set aside the Karnataka High Court verdict wherein it was held that the State failed in its obligation to inform the respondent about the existence of the vacancy that has arisen….
Social Welfare
“The huge and unexplained delay of over 60 years in initiating dispute with regard to the ownership of the land, and the criminal case being lodged only after failure to obtain relief in the civil suits, coupled with denial of relief, reeked of malafide on the part of the complainant.”
Taxation
In a 106 pages long verdict, the Supreme Court has decided whether a credit note issued by a manufacturer to a dealer of automobiles in consideration of the replacement of a defective part, using spare parts from dealer’s own stock or from an open market, in the automobile sold pursuant to a warranty agreement being collateral to the sale of the automobile, will be exigible to sales tax….
Supreme Court reiterated that to examine whether a particular transaction is sale of capital assets or business expense, multiple factors like frequency of trade and volume of trade, nature of transaction over the years etc., are required to be examined.
Can assessee take total contract value and remit service tax on value as ‘works contract service’?
As the service tax needs to be computed in terms of Rule 2A of the Service Tax (Determination of Value) Rules, 2006 and as the assessee has not opted for the composition scheme, the matter is remitted back to the CESTAT for re-computation of the demands.
Supreme Court’s verdict in Nycil Prickly Heat Powder case
Supreme Court said that the legislative intent was that all kinds of talcum powders, which contained medications irrespective of the proportion, or at any rate, not containing predominant proportions should necessarily be treated as cosmetics, falling under Entry 127.
Know Thy Judge
Justice Bela M. Trivedi, who was appointed as a Supreme Court Judge in 2021, is the first woman Judge from Gujarat High Court to be elevated to the Supreme Court and a Limca Book of Records holder.
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Justice Jitendra Kumar Maheshwari
In August 2021, Justice J.K. Maheshwari became the first Chief Justice from Sikkim High Court to be elevated to the Supreme Court.
Sitting Judge of the Supreme Court of India, Justice Pankaj Mithal is a third- generation lawyer, a second-generation Judge and is also a writer of note.
Justice Manoj Misra is the sitting judge of the Supreme Court of India. He was elevated to the Supreme Court in February 2023 and has formerly served as a Judge in the High Court of Judicature at Allahabad.
Never Reported Judgments
This report covers the Supreme Court’s Never Reported Judgment, dating back to the year 1950, on Section 5 of the Electricity Act, 1910
From the SCC Archives
“The survival of an orderly society demands the extinction of the life of persons like Ranga and Billa who are a menace to social order and security. They are professional murderers and deserve no sympathy even in terms of the evolving standards of decency of a maturing society.”
SCC Weekly
