Landmark Judgments on SEBI by Supreme Court and High Courts in 2022 Part II
by Siddharth R. Gupta*
Cite as: 2023 SCC OnLine Blog Exp 78
Supreme Court
Notification under Section 90(1) of Income Tax Act mandatory for giving effect to a DTAA or protocol: Supreme Court
“Upon India entering into a treaty or protocol does not result in its automatic enforceability in courts and tribunals; the provisions of such treaties and protocols do not therefore, confer rights upon parties, till such time, as appropriate notifications are issued, in terms of Section 90(1).”
A Legal Luminary Extraordinaire, Justice Shripathi Ravindra Bhat bids farewell to the Supreme Court
Justice S. Ravindra Bhat, who has been serving as a Judge of the Supreme Court of India for 4 years is set to retire today, on 20-10-2023. His life has been marked by a relentless pursuit of knowledge, dedication and an unswerving commitment to uphold principles of justice.
Supreme Court stays NGT order directing prosecution against CECB officials under Section 26 of NGT Act
NGT had highlighted the serious functional irregularity in efficiency and competence on the part of CECB officials, holding them guilty of offence under Section 26 of NGT Act for failure to comply with NGT order.
‘Discriminated and arbitrarily deprived of the fruit of selection’; SC directs appointment of 50-year-old as Postal Assistant after 28 year wait
“If the candidature is not rejected at the threshold and candidate is allowed to participate in the selection process and ultimately his name was there in the merit list, though such candidate has no indefeasible right to claim appointment, he does have a limited right of being accorded fair and non-discriminatory treatment”.
Land sale by fraud | Supreme Court extends interim protection against arrest
Supreme Court considered the fact that there was no specific complaint of non-cooperation in the investigation.
Sahara City Homes Jaipur Project | Supreme Court asks Sahara Group of Companies to disclose personal assets
The tower in question was incomplete and there was no scope of construction to be completed within 6 months.
State has obligation to provide support persons to POCSO victims, which cannot be made optional: Supreme Court
Supreme Court directed NCPCR to formulate model guidelines after due consultation with the Central and State Governments for the States and Union Territories to frame their rules respecting the support persons under Section 39 of POCSO Act.
‘Expertise and Merit are the criteria for Senior Advocates’ designation’; Know Why SC rejected plea against validity of S. 16 of Advocates Act
“There has been large growth in the legal profession of first- generation lawyers making their mark, some of them young ones, coming from National Law Schools and other prominent Law Schools”.
Decoding Supreme Court three Judge bench verdict in 26-week pregnancy case
Supreme Court said that the delivery will be conducted by AIIMS at the appropriate time and the Union Government will bear all the medical costs for the delivery.
‘Irretrievable break down of marriage’ not a straight-jacket formula for divorce under Article 142: Supreme Court
The Supreme Court considered an appeal seeking divorce for husband and wife aged 87 years and 82 years respectively, on the ground of irretrievable breakdown of marriage.
Rule 3(1)(a) of Electricity Rules and Proportionality Principle | Apply Weighted average method for proportional electricity consumption if captive user’s shareholding in CGP fluctuates: SC
The weighted average shareholding method is applied by taking average shareholding held by particular shareholder for the year for the purpose of calculating proportionate electricity required to be consumed by it in terms of the second proviso of Rule 3(1)(a).
Supreme Court refers 2018 Electoral Bonds Scheme Case to 5-judge Constitution Bench
The Finance Act, 2017 introduced a system by which electoral bonds could be issued by any scheduled bank for the purpose of electoral funding.
Supreme Court dismisses PIL praying for declaring Manual Scavengers Act unconstitutional; Grants liberty to move to High Court
A PIL on the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 is pending before the Supreme Court.
SC grants bail to accused in minor’s gang rape case considering the 5 years period spent in custody and slow progress of trial
Earlier, the Bombay High Court had refused to grant bail to the accused considering the seriousness of the offence.
Never Reported Judgment | Mohammadan Law of pre-emption applies even to Hindus in Benaras [(1952) 1 SCC 423]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on applicability of pre-emption to non-Muslims.
Know how the Question of abortion versus preterm delivery for unplanned pregnancy led to Supreme Court split verdict
A letter was received by ASG seeking clarification from the Court regarding whether foeticide can be done before termination process since the baby was viable, and that if that was not done, it would be a preterm delivery and not a foeticide.
Family Planning | Know why the Supreme Court allowed termination of unplanned pregnancy at 26 weeks
The woman had adopted Lactational Amenorrhea Method (‘LAM’), a process which implies absence of menstruation due to continuing breast feeding as a contraceptive method.
Wipro’s ‘Chandrika’ Soap | SC restrains Mariyas Soaps and Chemicals from using mark ‘Chandra’
Wipro Enterprises has a registered all India trade mark ‘Chandrika’ since 1976.