Explained| Can ITAT recall an order while exercising powers under Section 254(2) of the Income Tax Act?
Supreme Court: Explaining the scope of jurisdiction of ITAT, the bench of MR Shah* and BV Nagarathna, JJ has held that the
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This column will list all the case briefs on the decisions of the Supreme Court
Can NCLT entertain an arbitrable dispute? SC sets the yardsticks of residuary powers of NCLT under IBC
“The residuary jurisdiction of the NCLT cannot be invoked if the termination of a contract is based on grounds unrelated to the insolvency of the Corporate Debtor.”
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Does pointing towards victim’s hiding place make one a part of a “murderous” unlawful assembly? “Not brave enough” at most, holds SC
Supreme Court: In a case where an accused merely pointed to the house where the victim was hiding, thereby helping a fully
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‘Only one Special Court trying cases under NIA Act frustrates the purpose’; SC directs West Bengal to designate more courts
Supreme Court: After granting bail to a 74-year-old arrested under the Unlawful Activities (Prevention) Act, 1967, as after the charge-sheets came to
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UAPA| No day-to-day hearing, 298 prosecution witnesses yet to be examined? 74-year-old gets bail after 9.5 years
Supreme Court: In a case where a 74-year-old has been behind the bars since 2012 as an undertrial prisoner, after being arrested
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Flimsy plea, feeble excuse; Here’s why Supreme Court barred Bharti Airtel from seeking GST refund of Rs. 923 crores
“The common portal is only a facilitator to feed or retrieve such information and need not be the primary source for doing self-assessment.”
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State can’t use mere possibility of more money in the public coffers to forgo contractual obligations: Supreme Court
“Equity demands that when the State failed to produce an iota of evidence of either financial loss or any other public interest that has been affected, it should be compelled to fulfill its promises.”
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Lessee learns of cancellation of tender from Newspaper Report. SC holds authority can’t circumvent the requirement of providing effective hearing
“Natural justice is the sworn enemy of intolerant authority”
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Not open for Courts to usurp function of disciplinary authority; Can’t substitute one disciplinary punishment with other: SC
Supreme Court: The Division Bench of Ajay Rastogi* and Abhay S. Oka, JJ., set aside the judgment of the Delhi High
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Law abiding ex-employees cannot be put to disadvantage merely for vacating the quarters on notice; SC holds decision to grant quarters only to unauthorized occupants is illegal
“To allot the plots to those employees who were found to be in unauthorized occupation would tantamount to giving a premium to their illegality and remaining in occupation and possession of the quarters illegally and unauthorizedly.”
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‘Irregularity in cognizance order does not vitiate trial’; SC finds no “failure of justice” in cognizance by Special Judge in Karnataka iron ore illegal mining case
“For vitiating the proceedings, something more than a mere lack of authority has to be established.”
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High Court cannot dismiss second appeal in limine without assigning any reasons: SC
“Giving reasons for the conclusion is necessary as it helps the adversely affected party to understand why his submissions were not accepted.”
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Criminal Justice| ‘Practically difficult to achieve absolute consistency in sentencing’ but here’s what the Courts should do: SC
Supreme Court: Explaining the principles of sentencing policy, the 3-judge bench of NV Ramana, CJ and Surya Kant* and AS Bopanna, JJ
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Explained| Is ‘motive’ an indispensable ingredient for proving the charge of attempt to murder?
“Unearthing ‘motive’ is akin to an exercise of manual brain-mapping. At times, it becomes herculean task to ascertain the traces of a ‘motive’.”
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‘Project Proponent not expected to anticipate changes in Environmental Clearance regimes’; SC protects already constructed buildings by Pune Developer
Supreme Court: In a case where a Project Proponent had adhered to the applicable legal framework for Environmental Clearance (EC) during the
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SC relief to death row convicts who killed 8 members of their brother’s family over property dispute; To serve LI for 30 years
“There is a bounden duty cast on the Courts to elicit information of all the relevant factors and consider those regarding the possibility of reformation, even if the accused remains silent.”
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‘General phraseology of a contract cannot constitute agreement to apply statutory amendments retrospectively’; SC holds contractual clauses cannot run contrary to legislative intent
Supreme Court: The Division Bench of Sanjay Kishan Kaul and M.M. Sundresh, JJ., held that a generally worded clause of a contract
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Explained| Article 14: Under-inclusive and over-inclusive classification
Supreme Court: The bench of Dr. DY Chandrachud* and AS Bopanna, JJ while upholding the constitutionality of the Scheme formulated by the
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Here’s why Supreme Court upheld Tamil Nadu’s loan waiver Scheme for small and marginal farmers
The percentage distribution of the indebted agricultural households depicted the poverty that envelops the class of small and marginal farmers.
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Contractual bar on interest doesn’t only bar the parities from claiming it but also the Arbitrator from awarding it: SC
“Once the contractor agrees that he shall not be entitled to interest on the amounts payable under the contract, including the interest upon the earnest money and the security deposit, the arbitrator in the arbitration proceedings being the creature of the contract has no power to award interest”
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