Bringing you the Best Analytical Legal News
The Supreme Court was of the view that the Union of India’s claim for a ‘top up’ had no foundation in any known legal principle. Either a settlement was valid, or it was to be set aside in cases where it was vitiated by fraud. However, no such fraud had been pleaded by the Center.
by Prashant Tripathi† and Sanjeev Singh††
The Supreme Court observed that the scope of nature of proceedings under the two Acts are quite different and would not intercede each other.
Supreme Court reserves judgement in the Maharashtra political crises after hearing rigorous, head-strong arguments from both the Shiv Sena factions for more than a month.
Supreme Court held that it is not necessary to make obtaining of CTE and CTO mandatory and directed the CPCB to ensure that its guidelines are scrupulously followed and once the guidelines are scrupulously adhered to, no direction to obtain CTE and CTO for starting/operating a petroleum outlet is warranted.
The Supreme Court stated that if the purchasing dealer fails to establish and prove the said important aspect of physical movement of the goods alleged to have been purchased by it from the concerned dealers and on which the ITC have been claimed, the Assessing Officer is absolutely justified in rejecting such ITC claim.
Supreme Court did not agree with the MP High Court’s consideration and dismissal of the present matter as reliefs sought under the Writ of Quo Warranto.
In the case at hand, the juvenile had already undergone incarceration of more than 5 years which was against Section 18 of the J.J. Act, 2015. The Supreme Court noted that the intention of the legislature was to give benefit to a person who is declared to be a child on the date of the offence only with respect to its sentence part.
The Supreme Court however, ordered that a sum of Rs 50 crore lying with the Reserve Bank of India be utilized by the Center to satisfy the pending claims, if any, in accordance with the Bhopal Gas leak Disaster Act, 1985 and schemes framed thereunder.
by Siddharth R. Gupta† and Aditya Raj Gupta††
Cite as: 2023 SCC OnLine Blog Exp 25
The Supreme Court settled the issue relating to the scope and ambit of Section 24 vis-à-vis section 25 of the CPC that arose in view of the peculiar circumstances relating to transfer of a suit wherein two States share a common High Court as provided under Article 231 of the Constitution of India.
Supreme Court empowered the High-Powered Committee constituted by Tripura High Court with jurisdiction across India for advancement of the cause of welfare, care and rehabilitation of elephants and other wild animals.
“An erroneous order may be subjected to appeal before the higher forum but cannot be a subject matter of review under Order 47 Rule 1 CPC”, stated the Supreme Court
The Supreme Court upheld the judgement passed by the APTEL after observing that the generating companies were entitled to compensation so as to restore them to the same economic position, if the Change in Law had not occurred.
Watch the roundup of all the important Supreme Court judgments and stories from the month of February.
by Tarun Jain†
Cite as: 2023 SCC OnLine Blog Exp 20
The remand in the present case could only be correlated with Rule 23-A of Order XLI CPC and for its applicability, the necessary requirements were that “the decree is reversed in appeal and a re-trial is considered necessary”, thus, the Supreme Court held that the remand in the present case was not justified.
Supreme Court held that Madhya Pradesh High Court was not justified in quashing the entire Scheme providing for other connected land use, on the ground that the same has lapsed under Section 54 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973.
Supreme court said that if criminal prosecution is based upon adequate evidence and the same is otherwise justifiable, it does not become vitiated on account of significant political overtones and mala fide motives
There is no better day than International Women’s Day, to celebrate and cherish 11 formidable women, who have graced the halls of the Supreme Court as Judges and have paved the way for many women to dream to reach the top!