Madras HC refuses to decide vires of Section 40(a)(iib) of the Income Tax Act pending assessment proceedings. SC disapproves the approach
“Vires of a relevant provision goes to the root of the matter.”
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This column will list all the case briefs on the decisions of the Supreme Court
COVID-19| Seeking waiver of interest on interest for loan during the moratorium period? SC asks Govt to implement decision to forego compound interest on these 8 categories
Supreme Court: In a breather to customers in the case relating to waiver of interest on loan during the moratorium period, the
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Appointments and functioning of Tribunals| Tribunal Rules 2020 valid but need modifications, National Tribunals Commission to be constituted; directs SC [Read Directions]
“Dispensation of justice by the Tribunals can be effective only when they function independent of any executive control: this renders them credible and generates public confidence.”
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Anvay Naik Suicide| High Court abdicated it’s duty by failing to make prima facie evaluation of FIR. Here’s why SC granted interim bail to the accused
“The remedy of bail is the solemn expression of the humaneness of the justice system.”
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No relief to Skoda Volkswagen as SC refuses to quash FIR over alleged use of cheat devices
“The law is well settled that Courts would not thwart any investigation.”
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2015 Guru Granth Sahib sacrilege| ‘No threat to the lives of accused or to fair trial’; SC refuses to transfer the trial outside Punjab
“The transfer of trial from one state to another would inevitably reflect on the credibility of the State’s judiciary. Except for compelling factors and clear situation of deprivation of fair justice, the transfer power should not be invoked.”
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Govt sits over land for 33 years without authority. SC directs handing over of land to owners within 3 months; says such lawlessness cannot be condoned
“The courts’ role is to act as the guarantor and jealous protector of the people’s liberties: be they assured through the freedoms, and the right to equality and religion or cultural rights under Part III, or the right against deprivation, in any form, through any process other than law.”
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SC dismisses Tej Bahadur’s plea against rejection of his Nomination Papers to contest against PM Modi from Varanasi in 2019 Lok Sabha Polls
Ex-BSF Jawan Tej Bahadur’s nominations were rejected by the returning officer for want of a certificate to the effect that he has not been dismissed for corruption or disloyalty to the State.
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Can NSE realise withheld securities prior to expulsion or declaration of defaulter? SC discusses in detail
Supreme Court: In an elaborate judgment running into over 90 pages, the bench of AM Khanwilkar* and Dinesh Maheshwari, JJ has discussed
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Despite many witnesses turning hostile, SC finds man guilty of killing his wife in 1999; Says it’s not an unusual event in long drawn out trials in India
Supreme Court: In a case dating back to 1999 where a married woman was found dead in her matrimonial home, the bench
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Not just the petitioning creditor but ‘any’ creditor can initiate transfer of winding up proceedings from a Company Court to NCLT; holds SC
Proceedings for winding up of a company are proceedings in rem to which the entire body of creditors is a party, hence, by a deeming fiction the petition by even a single creditor is treated as a joint petition.
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All is not lost for Shiksha Mitras as SC dismisses their plea challenging 2019 Assistant Teachers’ recruitment process but asks UP Govt to give them a third chance
Uttar Pradesh Government can now fill up 69, 000 posts in terms of the result declared on 12.05.2020.
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High Court not obliged to frame substantial question of law if no error is found in First Appellate Court’s findings; says SC
Supreme Court: The 3-judge bench of L. Nageswara Rao, Hemant Gupta* and Ajay Rastogi, JJ has held that the High Court is
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Mere lack of State Government’s prior consent does not vitiate CBI investigation in absence of prejudice caused to accused; says SC
State of Uttar Pradesh has accorded a general consent for investigation of cases by CBI in the whole of UP.
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No mention of intention to blacklist in the show cause notice? SC says such show cause notice and consequent blacklisting order liable to be quashed
Blacklisting can effectively lead to the civil death of a person.
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Signature obtained by fraud? Burden of proof is on the party alleging such forgery; says SC
Supreme Court: The bench of AM Khanwilkar* and Dinesh Maheshwari, JJ has held that for invoking Section 17 of the Limitation Act,
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Timing of crime saves man from facing gallows or prison for the rest of his life for raping and killing 2.5 year old niece. SC commutes sentence under Section 376A IPC
Supreme Court: In a chilling case where a 21-year-old man was sentenced to death under Sections 302 and to life imprisonment under 376A
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SC grants interim bail to 3 accused in Anvay Naik suicide case. Calls Bombay HC order erroneous
Supreme Court: After a day-long hearing in the matter relating to the arrest of Republic TV Editor-in-Chief Arnab Goswami, Feroz Mohammad Shaikh
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COVID-19| Reservation of 80% ICU beds for COVID patients: SC’s vacation bench asks Delhi HC to hear the matter urgently on November 12
Supreme Court: Refusing to interfere with the Delhi High Courts order staying Delhi Government’s decision to reserve 80% of ICU beds in
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Nominated person faces trial for 30 years in Dalda Ghee adulteration case while HUL never gets convicted. SC says either both get convicted or none
Supreme Court: In the case dating back to 1989, relating to the adulteration of Dalda Vanaspati Khajoor Brand Ghee, wherein the company
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