Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The observation came in a case where the Supreme Court had to deny, a woman belonging to Scheduled Tribe, the right of survivorship in her father’s property as Section 2(2) of the Hindu Succession Act specifically excludes the female members of the Scheduled Tribe.
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“When a senior citizen parts with his or her property by executing a gift or a release or otherwise in favour of his or her near and dear ones, a condition of looking after the senior citizen is not necessarily attached to it.”
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The accused had argued that the complainant and her family, out of ill will, had orchestrated the complaint and were extorting the petitioner for their own means and benefits. Rajasthan High Court, however, did not appreciate the fact that the previous complaints filed by the prosecutrix was closed on account of being frivolous and a closure report was also filed in the matter.
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On 10.05.2019, a division Bench had observed that the question with regard to the actual stage at which the trial is said to have concluded is required to be authoritatively considered since the power under Section 319 of CrPC is extraordinary in nature.
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The petitioners have told the Court that though they are not directly affected by Rajasthan High Court’s order, they had approached the Court as the State, which is the Guardian of the interests of the persons living in the State, has chosen not to appeal and if the accused teacher will go unpunished in this case, not only him but other teachers may also commit similar offences with girls in future.
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The Supreme Court, while allowing the special leave petition filed by the petitioner, set aside the order passed by the Rajasthan High Court which had dismissed the anticipatory bail application without considering the facts and circumstances of the case.
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Supreme Court observed that if it is accepted that the period of limitation prescribed under Section 11B of the Act shall not be applicable with respect to claim for rebate of duty as there is no mention of Section 11B of the Act either in Rule 18 or in the notification dated 6.9.2004, then there will not be any period of limitation for making an application for rebate of duty.
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Supreme Court observed that the Patna High Court ought to have called upon the Bihar State Pharmacy Council to file the status report on the allegations of fake pharmacist and/or on how many Governments’ hospitals/hospitals in the State are running without registered pharmacist.
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The bench of MR Shah and M.M Sundresh, JJ explained the importance of the words “or otherwise” inserted to Section 45(4) of the Income Tax Act, 1961 by the Finance Act, 1987
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On 10.02.2020, a division bench had come to the conclusion that the view taken by this Court in Preetam Singh’s case needs reconsideration after it prima facie found that the functions of the Board contemplated under Section 15 of the 1965 Act were wide enough even to cover the act of fixing service conditions of its employees. Hence, the matter was referred to a larger bench.
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Supreme Court: In an appeal against the judgment passed by Telangana High Court, wherein the High Court dismissed the application
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Supreme Court: In a case where an appeal was filed against the decree of the trial Judge holding that the
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Supreme Court: In an appeal filed by Singapore airlines against the judgment passed by the Delhi High Court holding that
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Supreme Court: In an appeal against the judgment passed by the Kerala High Court confirming an order passed by the
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The Electricity Act, 2003 does not prescribe one dominant method to determine tariff as it seeks to distance the State Governments from the determination and regulation of tariff, placing such power completely within the ambit of the Appropriate Commissions.
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Supreme Court: In an appeal filed by the Food Corporation of India (‘FCI’) against the judgment of Tripura high Court
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Supreme Court: In an appeal filed against the judgment of Karnataka High Court reducing the total compensation from Rs. 21,08,400/-
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Supreme Court: In an appeal against the judgment passed by the Kerala High Court, wherein it has set aside the
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Supreme Court: In an appeal against the decision of the National Consumer Disputes Redressal Commission (‘NCDRC’), wherein the commission having
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Supreme Court: On the issue of the scope of judicial review of action by the State in a matter arising from a
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