Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The Court said that to avail exemption benefits, two conditions were to be fulfilled, one, – that the exports made under the Advance Authorizations, were physical exports in nature, and the other, that there must be fulfillment of ‘pre-import condition’.
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Supreme Court observed that if the interpretation that once an auditor resigns, the proceedings under Section 140(5) stand terminated and are no longer further required to be proceeded, an auditor may resign to avoid Tribunal’s final order and its consequence as provided under the second proviso to Section 140(5).
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Supreme Court went into the depths of Chapter 12 of Code of Criminal Procedure regarding a complaint case before Magistrate and the case laws around them.
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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.
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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.
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DMK MP Kanimozhi Karunanidhi’s election was challenged on the ground that she had intentionally supressed the information about the payment of income tax of her spouse.
The Supreme Court also directed the competent authority to deal with the mercy petition later and take further decision as and when deemed necessary.
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The Supreme Court said that the State can permit the Development Authorities to levy only those development charges which are mentioned in the Section 15(2-A) of the Uttar Pradesh Urban Planning and Development Act, 1973.
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Supreme Court observed that allowing the instant appeal would tantamount regularizing the appellants' services as work charged from the initial appointment.
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The Court noted that the convicts have been making attempts to avoid the Bench from hearing the case.
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The right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right flowing from Article 21 of the Constitution of India, observed the Supreme Court.
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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
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The Supreme Court made clear that further investigation cannot be put at par with prosecution and punishment and hence, the principle of double jeopardy would not apply.
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“Stamp Act in its application to Uttar Pradesh has been amended by the UP (Stamp Amendment Act 1952) and Article 23 of Schedule IB as applicable to UP.”
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The Supreme Court’s decision shall not affect the pending proceedings before the High Court of Delhi against the order of the ECI as the Court did not express anything on the Constitution of the Shiromani Akali Dal
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The Court noted that the All-India Institute of Medical Sciences had issued a certificate to the petitioner indicating that he is suffering with writers’ cramp.
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The Supreme Court stated that it was imperative to conduct evaluation of mitigating circumstances at the trial stage, in order ‘to avoid slipping into a retributive response to the brutality of the crime’.
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In an interview with ABP Ananda, Justice Gangopadhyay had made remarks against TMC leader Abhishek Banerjee in relation to the West Bengal Teachers Recruitment Scam case, which was pending before him.
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Supreme Court considered the case wherein the Trial Court proposed award of death sentence for rarest of the rare case, while the Jharkhand High Court modified it to life imprisonment for whole biological life without any scope for remission.
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The Supreme Court said that before examining the defendants’ ground of res judicata to oppose the eviction petition, several aspects may have to be looked into, like whether such an issue was substantively at issue in the previous suit and similar such other questions may crop up.
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