UAPA Judgment| Justice Sanjay Karol’s opinion on reliance on American decisions to read down Section 10 UAPA
Supreme Court said that a stand of whichever court, cannot be allowed to stand, if it is in ignorance of constitutional provisions
Supreme Court
Supreme Court rejects challenge to the open ballot system in Rajya Sabha elections
The Supreme Court stated that an open ballot system does not mean it was open to one and all, but only to the authorised political party representative which was necessary to prevent cross voting and maintaining party discipline.
Complaints with ‘highly disputed questions of facts’ cannot be decided by Consumer Disputes Redressal Commission/Forum: Supreme Court
Supreme Court quashed the original complaint and said that respondent miserably failed to discharge his burden to prove deficiency in service on part of the bank.
High Courts have jurisdiction to adjudicate upon the Orders passed by the Armed Forces Tribunal, Supreme Court overrules its 2015 judgement
“If there is a denial of a fundamental right under Part III of the Constitution or there is a jurisdictional error or error apparent on the face of the record, the High Court can exercise its jurisdiction”, stated the Supreme Court
Affinity test not integral for determining the correctness of a caste claim: Supreme Court
Supreme Court held that when an affinity test is conducted by Vigilance Cell, the result of the test along with all other material on record having probative value will have to be taken into consideration by the Scrutiny Committee for deciding the caste validity claim
Explained| Supreme Court’s verdict upholding Constitutionality of S. 10(a)(i) of the UAPA, 1967
Supreme Court said that the object and purpose of the enactment of UAPA is to provide for more effective prevention of certain unlawful activities. To punish such a person who is continued as a member of such unlawful association which is declared unlawful due to unlawful activities can be said to be in furtherance of providing for effective prevention of the unlawful activities.
“Rule 3A(2) of Tripura Sales Tax Rules, 1976 does not change the chargeability or liability to pay tax”: Supreme Court upholds validity
Supreme Court said that merely providing the mode or machinery/mechanism for recovery of tax payable by the transferer/supplier from buyer deducting tax at source and depositing the same with Revenue cannot be said to be ultra vires to Tripura Sales Tax Act and Rules.
COVID-19 Parole ends; Undertrial Prisoners/Convicts to return to prisons as Supreme Court directs them to surrender
The Supreme Court observed that the undertrial prisoners/convicts were not released on merits but were released only to prevent the spread of COVID-19 virus among prisoners in over-crowded prisons.
Mere membership of a banned association is sufficient to constitute an offence under UAPA; Supreme Court upholds the Constitutional validity of S. 10(a)(i) UAPA
Supreme Court’s full bench declared the judgments in Arup Bhuyan, Indra Das and Raneef to be bad in law. Also, the High Courts Judgments which followed these precedents were overruled
SCBA cannot assert right over 1.33 acres of Supreme Court land for constructing lawyers’ chambers; Supreme Court dismisses petition filed by Senior Advocate Vikas Singh
The Supreme Court observed that such matters cannot be resolved by the application of judicial standards and have to be taken up on the administrative side of the Supreme Court.
Supreme Court 5-Judge Bench considers the existence of Doctrine of Group of Companies in Indian jurisprudence vis-à-vis Arbitration Act
Group of Companies Doctrine- an Arbitration Agreement entered into by a Company within a group of Companies can bind its non-signatory affiliates, if the circumstances demonstrate that the mutual intention of parties was to bind signatory as well as the non-signatory parties.
‘Elevate Judges in accordance with their seniority’, SC Collegium recommendations for Madras High Court and Punjab and Haryana High Court
“The names which have been recommended earlier in point of time including the reiterated names ought not to be withheld or overlooked as this disturbs their seniority whereas those recommended later steal march on them. Loss of seniority of candidates is a matter of grave concern.”
Prosecution should explain the injuries on accused for a robust case, Supreme Court acquits man convicted in a 2006 murder case
While granting benefit of doubt to accused, the Supreme Court stated that “Taking into consideration the delay in lodging the FIR, with the circumstance of their names not being mentioned in the contemporaneous documents, the possibility of the said accused being falsely implicated cannot be ruled out.”
“Death Sentence to be imposed only if no possibility of reform”; SC commutes death sentence to 20-years rigorous imprisonment in 7-year-old’s kidnapping-murder case
No mitigating circumstances of the petitioner were taken into account at any stage of the trial or the appellate process even though the petitioner was sentenced to capital punishment.
Abolition of Orissa Administrative Tribunal Constitutionally valid: Supreme Court
Supreme Court said that the object of the Administrative Tribunals Act is to reduce arrears and enable the provision of speedy justice to litigants. Abolishing a State Administrative Tribunal would not frustrate this objective because SATs are not the only method by which the object is capable of being achieved.
Once rural area is declared to be urbanised under DMC Act, provisions of the DLR Act cease to apply: Supreme Court
Supreme Court said that the civil suit filed at the instance of the respondents for taking possession of the subject land is pending for the last 32 years and has not started its journey yet, this is called the travesty of injustice to a person who is indisputedly the title holder and still unable to enjoy the property.
[Antrix-Devas Deal] Delhi High Court upholds decision of setting aside ICC Award of $562.5 million on the ground of fraud
The Delhi High Court upheld Single judge’s decision to set aside ICC Award of $562.5 million in favour of Devas Multimedia (P) Ltd. for a failed satellite agreement with Antrix Corporation Ltd., on the grounds of fraud and being in conflict with the public policy of India.
“Government resolutions cannot override statutory rules”; Supreme Court upholds Bombay HC’s decision in dispute related to appointment of ACF
The Supreme Court proposed that service rules are liable to prevail, and that there can be Government resolutions in consonance and not in conflict with those rules.
Service rendered by teachers in Zila Parishad to be counted towards the determination of seniority, even after their absorption into PMC: Supreme Court
Given the existence of the unambiguous provision, Supreme Court held that the services rendered by primary teachers while in the service of the Zilla Parishad deserves to be counted towards their seniority after the transfer and merger of their services into the Pune Municipal Corporation
Can orders be reviewed for relying on a judgment subsequently overruled by a superior Court? Supreme Court division bench delivers split verdict
The case pertains to the resurrection of controversy surrounding the Pune Municipal Corporation and Indore Development Authority judgements of the Supreme Court vis-à-vis Section 24 of the Land Acquisition Act, 2013.