Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The Court denied the discharge of the company director in a cheque dishonour case wherein the said company was undergoing liquidation.
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The appellant stated that he filled the requisite forms for resolving the tax dispute under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. However, the designated committee rectified Form No. SVLDRS-3 and enhanced the amount payable as tax without any show-cause notice.
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The Court noted that the Panchayat had allowed administrative arrangements to continue for years without challenge, which militated against granting declaratory relief.
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“We wonder how many such currency notes recovered in this type of offences get destroyed as they are not kept at a safe place. It’s a huge revenue loss for the State.”
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“A literal interpretation of Section 9 of the Act would indicate that the right to seek interim relief is available to any party to the arbitration before or during arbitral proceedings or at any time after the award is delivered but before it is enforced in accordance with Section 36 of the Act.”
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Interpreting Rule 10 of Gujarat Civil Services (Discipline and Appeal) Rules, the Court holds that only “further inquiry” is permissible—not a fresh inquiry—quashes High Court ruling, and grants consequential benefits to the appellant.
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The Court clarified that if the Court wants to reject the anticipatory bail, it may do so but the Court has no jurisdiction to say that the petitioner should now surrender.
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A perpetual lease executed in 1945 eventually led to a dispute spanning over 3 decades, revolving primarily over the legal character and appropriate law governing this lease.
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“Section 132, Zamindari Abolition Act, expressly prohibits the conferment of bhumidhari rights in respect of public utility lands, including pasture lands and khalihan.”
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With regard to the enforceability of the amended Chapter III to the elections to Bar Councils of different States, a decision will be taken on a case-to-case basis.
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The terms of the recruitment rules and the advertisement form the basis of the selection process and are binding on both, the candidates as well as the recruiting agencies.
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“Scheme of the Arbitration Act does not envision arbitration proceedings to cease with the death of a party. Section 35, Arbitration Act, extends the finality of an arbitral award not only to parties to the award, but also to ‘parties claiming under them’.”
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The Court held that the scope and adjudication of the appeals had to be confined to the direction given by the Single Judge, and nothing beyond that.
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The Court explained that the functioning of the High-Powered Committee is still at a nascent stage and therefore, the incorporation of this additional mandate, being of utmost significance, would not burden its proceedings.
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“The Registrar Generals of all the High Courts are hereby directed to communicate this order and submit a report along with the details of the Bar Associations that have failed to comply with the order or are reluctant to comply with these directions.”
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It was further held that the courts must identify and determine “points for determination”, even in default or ex parte suits, and answer them to resolve the matter of controversy between the parties.
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The criteria prescribed was not in any manner watered down or deviated from the criteria required to be satisfied while seeking regular appointment.
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“We have considered the proposal submitted by the CAQM and find the same to be reasonable, just, and fair.”
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“The Right to Life enshrined under Article 21 of the Constitution is not merely a guarantee against the unlawful taking of life, but a positive mandate upon the State to ensure a safe environment where human life is preserved and valued.”
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Initiation of administrative proceedings for disciplinary action against the appellant, we unhesitatingly hold, was bad in law and non est.
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