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This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on alienation of property under Hindu Law.
“If this Court is persuaded to hold that staying in the house of an old man of different religion by a married lady amounted to adultery, then the entire social relation between man and man, man and women, is to be looked into only in terms of sexual relationship.”
“If there is equality and uniformity in each group, the law will not become discriminatory, though due to some fortuitous circumstance arising out of peculiar situation, some included in a class get an advantage over others so long as they are not singled out for special treatment.”
“By way of judicial proceeding, an offence under Section 498-A of the Penal Code, 1860 can be compounded, but in the statute the offence has been made non-compoundable.”
“The absence of guidelines cannot ipso facto result in invalidation of Bihar Private Schools (Fee Regulation) Act, 2019, especially one in the nature of regulation aimed at ensuring that education is not commercialized and reduced to mere means of profiteering.”
“There is no public interest either in the exemption from classes for LLB course sought for or the prayers made under the Right to Information Act, 2005.”
“If the Appellate Tribunal under Bihar Goods and Services Tax, 2017 is constituted and an appeal is filed there can be no further proceedings taken for recovery of the balance amounts till the appeal is disposed of.”
“If the girl is not a major and has eloped with a person and expresses fear of life if her custody is given back to her parents, then the Court shall send her to appropriate shelter home where her interest could be best taken care of till she becomes a major.”
“It is a policy decision and the criteria prescribed by the advertisement, whether it is relating to age and/or the essential qualification, cannot be interfered with.”
The exception for trivial errors or omissions is based on the reason that ‘law does not concern itself with trifles’, based on the legal maxim- ‘De minimis non curat lex’.
“If the goods are imported for any purpose other than consumption, use or sale within the State, then the importer has to prove how the goods imported were disposed of.”
“Section 60(4) of Bihar VAT Act, 2005 enables a seizure of goods along with the carrier if the authority suspects the transport to be in contravention of the provisions of Section 60(2).”
“Alleging character assassination and to say that the husband shall be removed from service and further filing of domestic violence while alleging that the husband is in adultery, fornication, are serious allegations touching the character of respective persons.”
“From the content of the speech, it does not appear that petitioner has tried to promote feelings of enmity or hatred between two classes of people or two religions but in fact he has only said that Owaisi is trying to divide the votes of Muslims.”
“The Appellate Authority had allowed the appeal in the case of a different assessee, who had been carrying on the very same work of solid waste disposal in the very same Municipality.”
“This Court will certainly not shut its eyes to the materials unearthed, since it relates not only to maintaining purity in judicial proceedings but upholding public faith in the system at large.”
“Interpretative tools should be employed to make a statute workable and not to reach to a particular outcome.”
“Many believe that bodies, without life, are dispensable repositories of the soul, but when alive, it carries a soul; the part of a whole, which exists in every living being.”
“Fiscal legislation having uniform application to all registered persons, cannot be said to be violative of Article 19(1)(g) of the Constitution and the question of such statutory provision being violative of Article 302 of the Constitution and in teeth of Article 13 of the Constitution of India does not arise at all.”
by Tarun Jain†
Cite as: 2023 SCC OnLine Blog Exp 70