Supreme Court decides taxability of interest income on Bank FDs of Clubs; Illuminates Ratio Decidendi
“A decision in a case takes its flavour from the facts of the case and the question of law involved and decided.”
Supreme Court
Uninformed HC directed return of seized rosewood logs and lorry already sold by State; Supreme Court remits matter back to HC
The Supreme Court regarded the same to be a lapse on part of the state for not apprising the High Court of the true and up-to-date facts at the time of final hearing and remitted the matter back to the High Court for being examined afresh.
Never Reported Judgment | Practice of merely agreeing with lower courts is not satisfactory; Appellate court should give clear indication of evidence it relies on [(1952) 1 SCC 432]
This report covers the Supreme Court's Never Reported Judgment dating back to the year 1952 on duty of appellate court under Criminal Procedure Code, 1898.
Partition of Property may also be effected under a settlement or an oral understanding: Supreme Court
“There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law.”
“Election contest not an action at law or suit in equity, but a purely statutory proceeding; Election provisions must be strictly construed”: Supreme Court
“Where a right or a liability is created by a statue, which gives a special remedy for enforcing it, the remedy provided by the statue must be availed of.”
Marine Hull Insurance Policy| Insurer not liable to reimburse loss upon Insured’s failure to comply with warranty class; SC upholds NCDRC order
Supreme Court said that when the defects are not intimated, and the warranty class has not been complied with, the Classification Certificate automatically becomes invalid.
Sneak Peek into Supreme Court’s Handbook on Combating Gender Stereotypes
Impact is a secondary aspect, but the Supreme Court’s Handbook on Combating Gender Stereotypes is an eye-opener and a must read for everyone among and beyond the legal community.
Supreme Court upholds P&H High Court’s order striking down decision of HSIIDC to conduct manual auction from end stage of e-auction
“Public interest need not remain exclusively limited to ensuring maximum revenue accrual for the government. Instead, public interest includes, without limiting itself to, a fair, transparent and stable process which all executive actions must adhere to.”
Know Thy Judge | Supreme Court of India: Justice P V Sanjay Kumar
Justice PV Sanjay Kumar is a judge of the Supreme Court of India. He has formerly served as the Chief Justice of Manipur High Court and Judge of Punjab & Haryana High Court as well as Andhra Pradesh High Court.
Supreme Court strikes 75% marks criteria in Class 12 for sports quota
“The objective of introducing the sports quota i.e., 2% of intake, was to promote and encourage those who excelled and gained a certain degree of prescribed proficiency and achievement in defined competitive sports.”
“Right to education not only includes free and compulsory, but also quality education”; Supreme Court rules B.Ed. Graduates ineligible for primary school teaching
Supreme Court said that B.Ed. is not a qualification for teachers at Primary level of schooling. The pedagogical skills and training required from a teacher at Primary level is not expected from a B.Ed. trained teacher.
Never Reported Judgment | When Supreme Court upheld validity of detention for more than three months under Section 12 of the Preventive Detention Act, 1950 [(1952) 1 SCC 203]
“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 12 of the Preventive Detention Act, 1950.”
Supreme Court’s take on Employment Notice Period
The transition phase from one workplace to another is a period full of uncertainty and doubts. They say that notice period is your honeymoon period, but for some, it turns out to be a perfect example of “Aag ka dariyaa hai…..doob ke jaana hai”.
Know Thy Judge | Supreme Court of India: Justice J.B. Pardiwala
“Scrutiny of Judicial Process by Half Truth Knowledgeable is real danger to Rule of Law” — Justice J.B. Pardiwala at ‘2nd Justice
Supreme Court grants bail to NCP leader Nawab Malik on medical grounds for two months
Supreme Court clarified that the bail has been granted, solely on medical grounds and not on merits
How Trial for offences under IPC would be affected if Sanction for offences under PC Act is declined? SC Highlights
“Sanction contemplated under Section 197 of the CrPC concerns a public servant who ‘is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty’ whereas, the offences contemplated in the PC Act, 1988 are those which cannot be treated as acts either directly or even purportedly done in the discharge of his official duties.”
Power to transfer proceedings between High Courts u/s 25 of CPC is exclusively vested in Supreme Court: Delhi High Court
“The Delhi High Court cannot exercise power to transfer proceedings between two separate High Courts as the said power of transfer between two High Courts, can be exercised in terms of Section 25 of the Civil Procedure Code, 1908, by only the Supreme Court.”
‘Prosecution utterly failed to prove incriminating circumstances beyond reasonable doubt’; SC acquits three murder convicts
The Supreme Court said that the evidence regarding the last seen theory was totally unreliable and the evidence regarding the Call Detail Records also did not inspire any confidence.
SC upholds Kerala High Court Order: Pathological Laboratories covered under ESI Act from 2007; not 2002
It was notified on 06-09-2007, that provisions of Employees’ State Insurance Act, 1948 would extend to Medical institutions, wherein 20 or more persons are or were employed.
Decoding Supreme Court verdict on V Senthil Balaji’s plea in Cash for Job Scam case
Supreme Court held that the words “such custody” occurring in Section 167(2) of the CrPC, 1973 would include not only police custody but also that of other investigating agencies.