Apoorva, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

Income Tax Appellate Tribunal directs Assessing Officer to charge assessee at gross profit rate of 6.5% on bogus purchases

ITAT said that the entire addition has been made by the AO as well as CIT based on guess work and estimation based on some alleged information received from Sales Tax Department of Maharashtra and from DGIT that “the assessee has taken bogus purchase bills without having taken any delivery of the goods”, without applying their mind.

Case Briefs Supreme Court

Reservation in favour of residents of a State permissible, but wholesale reservation unconstitutional; Supreme Court reiterates

Supreme Court said that the State Government may examine the data of last few years, to come to a realistic finding as to what should be the extent of these reservations. A wholesale reservation is not serving any purpose, rather it frustrates the very purpose of the reservation

High Court Round Up Legal RoundUp

HIGH COURT MAY 2023 WEEKLY ROUNDUP| Stories on JEE Main 2023 eligibility; Manipur Violence; Chanda Kochhar retirement; Rehabilitation and Redevelopment of Slums and more

A quick legal roundup to cover important stories from all High Courts this week

High Court Round Up Legal RoundUp

HIGH COURT APRIL 2023 ROUNDUP| 100+ Stories on Aarey Car Shed Project; Kanpur Bar Association Strike; Bhushan Steel scam; Rahul Gandhi’s Defamation Case; and more

A quick legal roundup to cover important stories from all High Courts in April 2023

Case Briefs Supreme Court

Does everything said by a Judge while giving judgment constitute a precedent? Supreme Court explains

Supreme Court said that the distinction between obiter dicta and ratio decidendi in a judgment, as a proposition of law, has been examined by its several judgments.

Case Briefs Supreme Court

Supreme Court| Candidates for post of private secretaries at Delhi HC entitled to notional seniority in accordance with revised marks

Supreme Court said that there was no fault on the part of the appellants. It was because of the wrong marking at the relevant time that they were deprived of the appointments, and they were not placed in the merit list, and such was required to be corrected on the revision of the marks on re-evaluation.

Case Briefs High Courts

‘Victim’s date of birth recorded in school records not free from doubt’; Allahabad High Court acquits POCSO Convict on benefit of doubt

Allahabad High Court said that the admission form has not been filled in by the parents of the victim, but by a stranger, whose credentials are unknown. Thus, the significance of victim’s medical age determination will be considered, as per which, she was a major on the date of the incident.

Case Briefs High Courts

Madras High Court grants Rs. 3 lakhs compensation to a woman for failed Puerperal Sterilization operation

Madras High Court said that the people of the country who co-operate by offering themselves voluntarily for sterilization reasonably expect that after undergoing the operation, they would be able to avoid further pregnancy and consequent birth of additional child.

Case Briefs High Courts

Can arrears of maintenance, being property of the wife, devolve on the husband after wife’s death? Madras High Court answers

Madras High Court said that after divorce when the spouses have ceased to be husband and wife, proprietary right of both the spouses also get affected.

Case Briefs High Courts

[2008 Riots Case] Why did Allahabad High Court stay sentence awarded to BJP MP Kamlesh Paswan during the pendency of revision?

Allahabad High Court noted that last year, the Trial Court convicted Kamlesh Pawan and six others for protesting against the arrest of Akhilesh Yadav and attempting to burn the statue of the then UP Chief Minister, Mayawati.

Hot Off The Press News

SC collegium recommends Justice Robin Phukan’s appointment as Gauhati HC’s permanent Judge; 3 Advocates, including 1 flagged by IB, for appointment as Bombay HC Judges

The two Supreme Court collegium resolutions were passed on 02-05-2023.

Case Briefs High Courts

In case of prima facie involvement, summon can be issued even in absence of name in police report or FIR: Allahabad HC reiterates

Allahabad High Court said that the Magistrate is not bound in such a situation to follow the procedure laid down in Sections 200 and 202 of CrPC for taking cognizance of a case under Section 190(1)(a), though, it is open to him to act under Section 200 or Section 202 also.

Case Briefs High Courts

Foreign company, even though fully owned by Indian Company is not amenable to jurisdiction of Indian Court: Madras High Court

Madras High Court allowed Advantage Strategic Consulting Singapore Private Limited, a foreign company to proceed with the defamation case against renowned politician and economist Dr. Subramanian Swamy

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Irretrievable Breakdown of Marriage: Decoding Supreme Court judgment on grant of divorce under Article 142 of Constitution; waiver of 6 month’s cooling off period

Given the expansive amplitude of power under Article 142(1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that arises from adopting an individualistic approach as to the exercise of the Constitutional power, observed the Supreme Court

Case Briefs High Courts

Allahabad High Court grants bail to 16-year-old boy accused of killing mother for restraining him from playing PUBG

Allahabad High Court said that the FIR has been lodged by the grandmother of the accused and she is not an eyewitness. The other witnesses are also not the eyewitnesses in the instant matter and only on hearsay basis, the bail of the accused has been rejected.

Hot Off The Press News

Supreme Court can dissolve marriages on “irretrievable breakdown” by invoking powers under Article 142; holds Constitution Bench

The Supreme Court also held that the mandatory waiting period of 6 months for divorce by mutual consent can be dispensed subject to requirements and conditions laid down in previous Supreme Court judgments.

Case Briefs High Courts

Approaching police without resorting to special procedure under IB Code to arm twist the Resolution Professional is inappropriate: Madras High Court

Madras High Court said that there is no reason why the complaint was not filed either before IBBI or NCLT for the alleged fraud.

Case Briefs High Courts

Evidence of a sexual offence victim is entitled to great weight, even in absence of corroboration; Allahabad High Court reiterates

Women or girl raped is not an accomplice and to insist on corroboration of the testimony, amounts to insult to womanhood.

Case Briefs High Courts

Madras High Court directs Kalakshetra Foundation to constitute ICC and frame policy to prevent sexual harassment

This order will not stand in the way of the Committee constituted under the Chairmanship of Justice K.Kannan (Retd.) to enquire into the matter as per the terms of reference and there will also be no fetters on the law enforcing agency from proceeding with the investigation in accordance with law.

Case Briefs High Courts

Violence in one form or other is not sine qua non for a group to qualify as a gang under UP Gangsters and Anti-Social Activities (Prevention) Act: Allahabad High Court

Allahabad High Court reiterated that a statute should be read and understood according to its plain grammatical meaning, unless that construction leads to an absurd result, or defeats the object and the very purpose of it