Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]

Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” in Section 53 of the...

Supreme Court Reserves Order In Petition Challenging Promotion Of District Judges In Gujarat

The Supreme Court, on Monday, reserved order in a petition challenging the recommendations for the promotion of the District Judges in Gujarat. After hearing Senior Advocate, R Basant appearing for the petitioners; Advocate, Nikhil Goel, appearing for the Gujarat High Court; Senior Advocate, Dushyant Dave and Senior Advocate, Meenakshi Arora appearing on behalf of the other respondents, a...

40% Of Litigation By Centre & States Unnecessary & Frivolous: Supreme Court

The Supreme Court on Monday orally expressed its disapproval over the central and the state governments’ practice of filing ‘frivolous’ and ‘unnecessary’ appeals. Justice BR Gavai said: “Forty per cent of litigation by the union and the state governments are unnecessary. We heard a case today over a former employee receiving Rs 700 extra per month. Over this, the...

LIFE Mission Case: Supreme Court Issues Notice To ED On Bail Plea Of M Sivasankar, Former Principal Secretary To Kerala CM

The Supreme Court on Monday issued notice in the special leave petition filed by M Sivasankar, former Principal Secretary to the Chief Minister of Kerala, in the money laundering case in connection with the LIFE ((Livelihood, Inclusion and Financial Empowerment) Mission corruption case. LIFE project is a housing project initiated by the Kerala Government for the homeless.A Bench of Justices...

Supreme Court Reserves Judgment On Petitions Challenging ED Director's Term Extension & CVC Amendment Act 2021

The bench also said its 2021 Common Cause decision needed reconsideration, but the Centre did not press that argument.

GSTN Notifies Deferment Of The Implementation Of Time Limit On Reporting Old E-Invoices

The Goods and Service Tax Network (GSTN) has notified the deferment of the implementation of a time limit on reporting old e-invoices.“It has been decided by the competent authority to defer the imposition of a time limit of 7 days on reporting old e-invoices on the e-invoice IRP portals for taxpayers with aggregate turnover greater than or equal to 100 crores by three months,” the...

No Violence Reported In Manipur During Last Two Days, Normalcy Being Restored : Centre Tells Supreme Court

While recording the statement of the Union Government that no violence has taken place in the State of Manipur during the last two days and that normalcy is returning to the State, the Supreme Court on Monday asked it to ensure that due arrangements are made in relief camps in terms of food and medicines. The Court further told the Union Government to ensure that steps are taken to...

CJAR Demands Recall Of Supreme Court Orders Deferring Grant Of Default Bails On Basis Of Ritu Chhabaria Judgment

The Campaign for Judicial Accountability and Reforms (CJAR) on Monday urged the Supreme Court to recall its order deferring grant of default bails to accused all across the nation, on the basis of findings in the recent judgment of Ritu Chhabaria v. Union of India.Last month, a Division Bench of the Apex Court comprising Justice Krishna Murari and Justice CT Ravikumar had held if...

12% GST Payable On Accommodation Building Located Outside The Boundary Of The Religious Place: AAR

The Ahmedabad Bench of the Authority of Advance Ruling (AAR) has ruled that GST is payable on accommodation buildings located outside the boundary of the religious place.The bench of Amit Kumar Mishra and Milind Kavatkar has observed that Nandini Ashram Trust is liable for GST registration in terms of Section 22 of the CGST Act, 2017, subject, however, to the threshold limit of his...

Supreme Court Censures Bar Association For Passing Resolution Against Legal Aid Defence Counsel System; Summons Office Bearers

The Supreme Court on Monday expressed its strong displeasure at a Bar Association for passing resolutions to obstruct the work of lawyers appointed as volunteers under the Legal Aid Defence System of the National Legal Services Authority. A bench led by Chief Justice of India DY Chandrachud observed that passing such resolutions amount to "sheer contempt of court".The bench, also...

Departmental Action Demanding Service Tax At Visakhapatnam Unit Does Not Warranted Any Action In Kolkata Unit: CESTAT

The Kolkata Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that departmental action demanding service tax at the Visakhapatnam unit does not warrant any action in the Kolkata unit.The bench of P.K. Chaudhary (Judicial Member) and K. Anpazhakan (Technical Member) has observed that the Commissioner has rightly dropped the proceedings initiated against...

Plea Challenging Anand Mohan's Premature Release : Supreme Court Issues Notice To Bihar Govt On Plea Of Slain IAS Officer's Wife

The Supreme Court, on Monday, issued notice in a petition challenging the decision of the Bihar Government to grant premature release to former Bihar MP Anand Mohan in the case for the mob lynching of Gopalganj District Magistrate G Krishnaiah in 1994.A Bench comprising Justice Surya Kant and Justice JK Maheshwari also allowed the intervention application filed by a retired IAS Officer but to...