Reflections on Criticality of Show-Cause Notice in Tax Laws
by Tarun Jain†
Cite as: 2023 SCC OnLine Blog Exp 80
Supreme Court
Speedy Justice | Supreme Court disposes of 36,682 cases between Jan-Oct 2023
Supreme Court inaugurates monthly newsletter — Supreme Court CHRONICLE.
Junior Office Assistant Recruitment | State could not relax essential qualifications under Rules and Advertisement without publicizing such relaxation: Supreme Court
Supreme Court rejected the argument that requirement to hold 1 year diploma in specified courses was not an essential qualification, since the same was indicated in 2014 Rules as well as the advertisement so concerned.
Supreme Court restores penalty withholding 50% of monthly pension in Sexual Harassment at Workplace case
“Sexual harassment in any form at the workplace must be viewed seriously and the harasser should not be allowed to escape from the clutches of law.”
Can rents receivable by debtors be assigned to the lender as an actionable claim? Supreme Court answers
After applying the rule that all the contemporaneous documents are to be read together, to discern the true purport of the contract, Supreme Court said that the parties intended assignment of the debt, i.e., the rents payable.
Whether bar on review of decision by any Court under S.17 of UP Lokayukta and Up-Lokayuktas Act applies to High Court? Allahabad HC answers
Allahabad High Court opined that the reasoning of the order dated 05-11-2019, that there is no ‘cutting’ or ‘overwriting’ in the petitioner’s service book, does not close all avenues of inquiry.
TN Online Gaming Act applies only to games of chance and not games of skill : Madras High Court
The impugned Act can only apply to games of chance and not games of skill. Hence, the Act in its entirety, need not be held to be ultra vires
Never Reported Judgment | Liability for dishonestly receiving stolen property extends even to those merely acting as sales brokers: SC [(1952) 2 SCC 140]
“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on dishonestly receiving stolen property.”
Know Thy Chief Justice | Throwback at a Roller-Coaster First Year of Justice Dr D.Y. Chandrachud
Great expectations followed Justice Dr DY Chandrachud when he was elevated to the post of Chief Justice of India. As 1 year has gone by in Justice Dr Chandrachud’s 2-year tenure, one thing is clear that interesting times are afoot indeed!
Judges not adhering to guidelines on maintenance given in Rajnesh v Neha: Supreme Court directs for re-circulation of judgment to Judges and Judicial Academies
Supreme Court said that the litigation which should close at the trial level is taken up to the Supreme Court and the parties are forced to litigate.
Orders indicating steps for minimizing air-noise pollution binding on all States, even after festive season: Supreme Court
The instant application sought issuance of appropriate directions for the Rajasthan State and District Administration of Udaipur to take immediate steps to prevent air pollution in Udaipur city.
Supreme Court upholds constitutional validity of provisions relating to Personal Guarantors in IBC; Holds IBC cannot operate in retroactive manner
“IBC does not suffer from any manifest arbitrariness to violate Article 14 of the Constitution”
Supreme Court stays Calcutta HC order which restricted application filed under S.29A(4) of Arbitration Act after expiry of term of the Tribunal
Supreme Court issued notice in the present SLP and tagged it with SLP titled Rohan Builders (India) Pvt. Ltd. vs. Berger Paints India Ltd.
Changing the Rules of the Game: Selection and Appointment in Public Service
by Shubham Priyadarshi†
Review Petition has limited purpose, cannot be allowed to be appeal in disguise: Supreme Court regurgitates law on scope of review
Supreme Court reiterated that a co-ordinate Bench cannot comment upon the judgment rendered by another co-ordinate Bench of equal strength and that subsequent decision or a judgment of a co-ordinate Bench or larger Bench by itself cannot be regarded as a ground for review.
[Delhi Air pollution] Supreme Court directs Punjab, Rajasthan, UP & Haryana Governments to stop stubble burning
“Residents of Delhi are grappling with health problems year after year because we cannot find a solution to the issue. It requires immediate attention and Court monitoring, irrespective of whether the matter improves or not”
[Non-Disclosure of Criminal Antecedent] Supreme Court directs appointment of judiciary aspirant to post of civil judge with seniority from date of selection
“The nature of the offence against the petitioner is itself an extremely minor offence under IPC. For the non-disclosure of this offence, she has already suffered since in the first round of selection in 2017. To punish her again for the same reason in the next selection process is not justified.”
SC seeks Centre’s response on plea challenging constitutionality of Section 437A CrPC
Supreme Court also sought assistance from Attorney General for India, R. Venkataramani.
Supreme Court stays defamation proceedings against Tejashvi Yadav over “only Gujaratis can be cheats” remark
Supreme Court issued notice on the transfer petition filed by Tejashvi Yadav seeking to transfer the defamation case from Gujarat to a neutral place.
Never Reported Judgement| Vendor cannot urge his defective title as an answer in specific performance suit by purchaser [(1952) 2 SCC 124]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on specific performance in imperfect title.