'Irretrievable Breakdown of Marriage' A Ground To Dissolve Marriage Invoking Article 142 Powers : Supreme Court

In a significant verdict, a Constitution Bench of the Supreme Court on Monday held that it can invoke its special powers under Article 142 of the Constitution of India to grant divorce on the ground of irretrievable breakdown of marriage, which is not yet a statutorily recognised ground."We have held that it is possible for this court to dissolve marriage on the ground of irretrievable...

Hiba: Gift Under Muslim Law- Questions & Answers By Justice V Ramkumar [Part-III]

Q.10.2 What is the position if in spite of a gift of the “corpus” the donor retains dominion over the “corpus” ? Ans. Where the donor retains possession of the “corpus” in his own right despite the gift and reserves to himself the right to enjoy the same, such a gift would be invalid. (See – K. S. Mahomed Aslam Khan v. Khalilul Rehman Khan and Others,...

Pension : Supreme Court Rejects Claim Of Employees To Count Entire Period Of Work-Charged Service For Pension

The Supreme Court has recently held that service rendered as work charged employee cannot be counted for the purpose of pension. The Court refused to accept a plea to consider the entire period of work charged service as service for computing pension and upheld a rule framed by the Bihar Government by which the work-charged service will be counted only to the extent of shortfall in...

Supreme Court Quarterly Digest On Code Of Criminal Procedure [Jan – Mar, 2023]

Code of Criminal Procedure, 1973 – Remand - There seems to be a practice followed by Courts to remand the accused to custody, the moment they appear in response to the summoning order. The correctness of such a practice has to be tested in an appropriate case. (Para 10) Mahdoom Bava v. Central Bureau of Investigation, 2023 LiveLaw (SC) 218Code of Criminal Procedure, 1973 - High Courts...

ITAT Directs AO To Charge 6.5% Gross Profit Rate On Bogus Purchases

The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has directed the AO to charge a 6.5% gross profit rate on bogus purchases.The bench of Kuldip Singh (Judicial Member) and Gagan Goyal (Accountant Member) has observed that the entire addition has been made by the AO as well as CIT (A) on the basis of guesswork and estimation on the basis of some alleged information received from the...

Supreme Court Weekly Round Up (17th April to 23rd April 2023)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to keep our readers up to date with the latest legal developments in the Apex court of the country.Judgments/OrdersOrder VII Rule 11 CPC - Inconsistencies In Plaint Averments Not A Sufficient Reason To Reject Plaint : Supreme Court[Case Title: G. Nagaraj v. BP Mruthunjayanna| Citation:...

Fake News Affects Democracy; Self Regulation By Electronic Media Ineffective : Supreme Court Judge Justice BV Nagarathna

Justice BV Nagarathna, speaking at the Seema Nazareth Award organised by the Business Standard, called for a regulatory mechanism for the "new age of journalism" popularised after the onset of digital media. While stating that fake news could rock the bedrock of democracy and that it was necessary to shun prejudice in news reports, Justice Nagarathna remarked that self-regulation by...

Supreme Court Allows Aid Of Scribe For Judicial Services Aspirant With Writer's Cramp

In a plea filed by an aspirant of Uttarakhand Judicial Service Civil Judge (Preliminary) Examination who was suffering from a writer's cramp and was denied a scribe for the examination, the Supreme Court directed the Uttarakhand Public Service Commission to ensure that a scribe is made available to the petitioner. The direction was passed by a bench comprising CJI DY Chandrachud and Justice...

'Wholesale Domicile Reservation Unconstitutional' : Supreme Court Asks MP Govt To Review 75% Domicile Quota In B.Ed Seats

Stating that domicile reservation should not become a "wholesale reservation", the Supreme Court has asked the State of Madhya Pradesh to review its decision to have 75% domicile reservation in B.Ed seats."We make it clear that though reservation in favour of residents is permissible, yet reservation to the extent of 75% of the total seats makes it a wholesale reservation, which has been held...

Adani-Hindenburg Issue : 6 Months More Needed For Conclusive Findings On Prima Facie Violations, SEBI Tells Supreme Court

The Securities and Exchange Board of India has files application in the Supreme Court seeking a six-month extension to complete its probe into allegations made by US-based short seller firm Hindenburg Research against Adani group companies about stock price manipulations.On March 2, the Supreme Court had directed the SEBI to complete the investigation into the Adani-Hindenburg report and...

Gangster Act Case: BSP MP Afzal Ansari Convicted & Sentenced To 4 Years In Jail By UP Court; Set To Lose Loksabha Membership

BSP MP from Uttar Pradesh's Ghazipur, Afzal Ansari, brother of Ex-MLA Mukhtar Ansari, was today convicted and sentenced to 4 years in prison in a Gangster Act Case. The sentence was pronounced by Ghazipur MP/MLA Court moments after he was convicted in the case along with his brother Mukhtar Ansari.Now, by virtue of provisions contained in article 102 r/w section 8 (3)of the Representation...

UP Court Convicts Ex-MLA Mukhtar Ansari In A Gangster Act Case, Handed 10-Year Jail Term, ₹5 Lakh Fine Also Imposed

An MP/MLA Court in Uttar Pradesh's Ghazipur district today convicted former MLA Mukhtar Ansari in a Gangster Act case. He has been sentenced to 10 years in Jail and a fine of Rs. 5 lakh has also been imposed upon him.The case under the Gangster Act was registered after Ansari was booked for his involvement in the kidnapping of Vishwa Hindu Parishad office-bearer Nandkishore Rungta in the...