Supreme Court Archives

Appropriate High Court for filing an appeal under Section 260A of the Income Tax Act would be the one where the Assessing Officer is situated: Supreme Court

“A judicial remedy must be effective, independent and at the same time certain. Certainty of forum would involve unequivocal vesting of jurisdiction to adjudicate and determine the dispute in a named forum.”

Case Briefs Supreme Court

Interpretation of Schedule X of the Constitution vis-à-vis Disqualification; Speaker/Governor’s powers; Judicial Review: CJI led 3-judge bench refers matter to 5-judge Constitution bench

Supreme Court: The 3-judge bench of NV Ramana, CJI and Krishna Murari and Hima Kohli, JJ has referred the question relating to

Case Briefs Supreme Court

Sections 3 and 5 of the 1988 Benami Property law “still-born” and “unconstitutional”; 2016 Amendment can only apply prospectively: Supreme Court

“The continued presence of an unconstitutional law on the statute book, or the claim that such law was not challenged before Constitutional

Case Briefs Supreme Court

Supreme Court sets aside Madhya Pradesh HC’s “utterly incomprehensible” judgment discharging accused in a minor’s rape case for delay in filing FIR

“The facts of this litigation are quite heart-breaking and at the same time, more disturbing is the utterly incomprehensible impugned judgment of the High Court discharging the accused of the offence of rape essentially on the ground of delay in the registration of the FIR.”

Case Briefs Supreme Court

‘Mediation can become a potent alternate dispute resolution device’; Supreme Court lists down the ways to make it possible

Supreme Court: In a case relating to pre-litigation mediation in commercial disputes, the bench of KM Joseph* and Hrishikesh Roy, JJ has

Case Briefs Supreme Court

Pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015 mandatory; any violation would lead to rejection of plaint: SC

Supreme Court: The bench of KM Joseph and Hrishikesh Roy, JJ has held that the statutory pre-litigation mediation under Section 12A of

Case Briefs Supreme Court

Supreme Court directs Bihar to reconsider stipulated percentage for Homeopathic Medical Professionals posts

Supreme Court: In an appeal filed to espouse the cause of Homeopathic Medical Professionals, the Division Bench of Uday Umesh

Case Briefs Supreme Court

Explained| Can an independent counter claim under Order VIII Rule 6A CPC having nothing to do with the plaintiffs be allowed?

Supreme Court: The 3-judge bench of UU Lalit, S. Ravindra Bhat and Sudhanshu Dhulia*, JJ has held that a counter claim under

Case Briefs Supreme Court

State cannot declare a GST rate and make it binding on the bidder; Supplier, being liable to pay GST, must quote the relevant HSN Code: SC

Supreme Court: In an important ruling of Goods and Service Tax (GST), the bench of KM Joseph* and Hrishikesh Roy, JJ has

Case Briefs Supreme Court

Mental capacity & ability to understand consequences of acts not same; Guidelines must be in place for preliminary assessment of children above 16 years of age for trial as adults: SC

“A child with average intelligence/IQ will have the intellectual knowledge of the consequences of his actions. But whether or not he is able to control himself or his actions will depend on his level of emotional competence.”

Case Briefs Supreme Court

Judgment Debtor’s right under Rule 60 of Second Schedule of Income Tax Act a valuable right to save his property; cannot be taken away on technical ground or bona fide mistake for which he is not at fault: SC

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that the right available to the judgment debtor under

Case Briefs Supreme Court

Can accused be tried under NI Act as well as under IPC on similar set of allegations or will it amount to double jeopardy? Larger SC bench to decide

Supreme Court: The bench of SA Nazeer and JK Maheshwari*, JJ has called upon a larger bench to decide if on similar

Case Briefs Supreme Court

Bhima Koregaon| Here’s why Supreme Court granted permanent bail to Dr. Varavara Rao on medical grounds

Supreme Court: Adopting a humanitarian approach, the 3-judges Bench comprising Uday Umesh Lalit, Aniruddha Bose, and Sudhanshu Dhulia, JJ., had granted permanent

Case Briefs Supreme Court

Prophet Remark Row| All FIRs against Nupur Sharma clubbed; Read why Supreme Court refused to form SIT

Supreme Court: The bench of Surya Kant and JB Pardiwala, JJ has, in a relief to politician and lawyer Nupur Sharma, has

Case Briefs Supreme Court

Clearing of prosecution evidence not an absolute bar from re-examining materials/witnesses under Section 311 CrPC: Supreme Court

“The statutory provision goes to emphasise that the court is not a hapless bystander in the derailment of justice. Quite to the contrary, the court has a vital role to discharge in ensuring that the cause of discovering truth as an aid in the realization of justice is manifest.”

Case Briefs Supreme Court

CPC Order XV Rule 5| Mere denial of landlord-tenant relationship doesn’t grant tenant a holiday from duty to pay rent/damages: SC

Supreme Court: The Division Bench of Dinesh Maheshwari* and Aniruddha Bose, JJ., held that in cases disclosing deliberate defiance and elective non-performance