Bringing you the Best Analytical Legal News
Supreme Court opined that instead of shifting the burden of proof on the secured creditor to prove that the secured property was not agricultural property, the Telangana High Court should have laid down the burden of proof on the borrowers.
Supreme court has upheld a decision by the Bombay High Court that the period of parole should be excluded from the period of the sentence when considering 14 years of actual imprisonment for the purpose of premature release of convicts.
The Supreme Court observed that taxation depends upon the language of the charging section and what is brought to tax within the four corners of the charging section.
The Supreme Court was hearing the case where a manufacturer was earlier manufacturing “Spun Line Crown Cork” used for sealing the glass bottles but now with the use of modern technologies, was manufacturing “Double Lip Dry Blend Crowns”, also used for sealing the glass bottles.
The Supreme Court considered the provisions of Section 15 to 23 read with Section 24 of the MSMED Act and the provisions of SARFAESI Act and stated that there is no repugnancy between the two enactments and no conflict between the specific subject of ‘priority' . It, hence, upheld the subsequent enactment of law with non-obstante clause in SARFAESI Act over MSMED Act.
The Supreme Court stated that it was neither a case where the appellant did not make any application within the stipulated time under the 2019 Scheme nor where the appellant deliberately did not deposit the settlement amount.
A workable arrangement had to be arrived at to segregate people who may have no rights in the land and those who have, coupled with rehabilitation schemes
Justice C.T. Ravikumar is known among the legal circle for having a firm grasp of precedents and statutory provisions.. We have curated some of his important High Court and Supreme Court decisions.
by Siddharth R. Gupta† and Shristy Choudhary††
Cite as: 2023 SCC OnLine Blog Exp 12
The Supreme Court expressed its displeasure by the attempts made by parties to invoke jurisdiction of criminal courts, by filing vexatious criminal complaints by camouflaging allegations which were ex facie outrageous or pure civil claims.
by Swarnendu Chatterjee† Anwesha Pal†† and Yashwardhan Singh†††
Cite as: 2023 SCC OnLine Blog Exp 11
After an extensive tenure of 6 years, Justice S. Abdul Nazeer retires today. During this time, Justice Nazeer had been a part of some path-breaking decisions such as- Right to Privacy, Triple Talaq, Ayodhya verdict etc. Justice Nazeer has also been the part of the Constitution Bench which decided upon the validity of Central Govt’s 2016 Demonetisation Scheme.
The Delhi High Court dismissed a Public Interest Litigation (PIL) challenging the Government’s notification which allowed the Sikh travellers to carry a Kirpan on their person while on domestic flights. The Court further held that the notification was issued after due deliberations and the issue raised was entirely a matter of policy decision.
by Harsh N. Dudhe† and Pranay Bhardwaj††
Supreme Court: A Constitution Bench of S Abdul Nazeer, AS Bopanna, BR Gavai, V Ramasubramanian & BV Nagarathna, JJ, delivered
“When series of decisions of Constitutional Courts are available then the Principle of Judicial discipline cast a duty on me to follow those and nothing else”, observed the Tribunal.
Supreme Court: In a petition against the demonitisation of Rs. 500 and Rs. 1000 currency notes in 2016, the Constitution Bench of
by Tarun Jain
Cite as: 2023 SCC OnLine Blog Exp 1
Rules or regulation cannot be made to supplant the provisions of the enabling Act, but to supplement it. What is permitted is the delegation of ancillary or subordinating legislative functions, or what is fictionally called, a power to fill up details.
With 1263 judgments delivered; three Chief Justices of India taking turns to lead the judiciary; a number of judges retiring and a