Performance of Haj is A Sacred Religious Ceremony, Not Appropriate To Term It As A Commercial Activity: Sr. Adv. Arvind Datar Argues Before Supreme Court

The Supreme Court on Wednesday resumed hearing on a string of petitions filed by various tour operators and state Haj organisers on differential GST levied on Haj pilgrims.The tour operators are challenging the levy of GST on Hajis who avail themselves of services offered by registered private tour operators on the grounds that no tax law can be applicable on extra territorial activities...

Merely Residing Together For Few Months & Having A Child Does Not Raise Presumption Of Marriage, Conduct Of Parties Relevant: Chhattisgarh High Court

The Chhattisgarh High Court recently while dealing with a challenge to an order in a declaratory suit observed that presumption of marriage is to be established by way of conduct; mode of life; and predilections of other persons. A division bench of Justice Goutam Bhaduri and Justice Sanjay S. Agrawal observed: "The law presumes in favour of marriage and against concubinage, when a...

Comply With Direction To Raise Judicial Officers' Pension : Supreme Court Gives Final Opportunity To States

The Supreme Court, on Wednesday, directed all State Governments that are yet to comply with its direction dated 05.04.2022 to enhance the pension of retired judicial officers as per the scheme elucidated in the order passed by the Apex Court, almost 10 years back, on 08.10.2012, to do so within a period of 4 weeks. "Such of those State Government who have not complied with the order...

Supreme Court Asks Centre To Trace Source Of Power That Was Exercised By TN Governor To Refer Cabinet Decision On AG Perarivalan's Remission Plea To President

The Supreme Court, on Wednesday, asked the Union Government to trace the source of the power exercised by the Tamil Nadu Governor to refer the decision taken by the Council of Ministers of Tamil Nadu to grant remission to A.G. Perarivalan, the life convict in the Rajiv Gandhi assassination case, to the President for his consideration. However, the Apex Court was curious as to why...

"How Can Struck Down Provisons Be Revived Through Legislation?": Supreme Court To Decide Constitutional Validity Of Tribunal Reforms Act 2021 On July 26

The Supreme Court on Wednesday observed that it will hear the question of the constitutional validity of the Tribunal Reforms Act 2021 on July 26, 2022. The matter will be heard finally on that day, the benchA Bench comprising Justices D.Y Chandrachud, Surya Kant and Bela M Trivedi was adjudicating upon an application filed in the Madras Bar assailing the tenure of appointment of six persons...

Supreme Court Saves Over 90,000 Income Tax Reassessment Notices Issued After 2021 Amendment By Deeming Them As Notices Under Section 148A

The Supreme Court, on Wednesday, directed that reassessment notices under Section 148 of the unamended Income Tax Act which were issued beyond 01.04.2021 (the effective date of amendment of the said provision by the Finance Act, 2021) to be deemed to have been issued under Section 148A of the IT Act as substituted by the Finance Act, 2021 and be construed as show cause notices in terms of...

Children With Rare Diseases: Delhi High Court Asks AIIMS To Examine Medical Records Of DMD Patients Before Commencing Treatment

In a batch of pleas concerning treatment of children with rare diseases, the Delhi High Court has recently asked All India Institute of Medical Sciences (AIIMS) to examine medical records of children suffering from Duchenne Muscular Dystrophy (DMD) in order to frame a recommendation of whether commencement of treatment is likely to yield any results.Justice Yashwant Varma was hearing a clutch...

Identify Heirs Of All Those Who Died In Custody Since 2012 For Compensation Purposes: Meghalaya High Court Directs State Govt

The Meghalaya High Court on Monday directed the State Government to identify the heirs of all persons who suffered custodial death so that they could be informed about the pendency of proceedings initiated by the Court, suo moto, for the purposes of compensating them.It may be noted that this suo motu public interest litigation was instituted by the HC following an order of the Supreme Court...

Shawarma Food Poisoning Case: Kerala High Court Initiates Suo Motu PIL On Food Safety Concerns In State

The Kerala High Court on Wednesday took suo motu cognisance of the food poisoning incident in Kasargod after a 16-year-old girl died and over 50 people were hospitalised which, as per news reports, is a possible aftermath of consuming shawarma.A Division Bench comprising Justice Devan Ramachandran and Justice P.G Ajithkumar took up the case after media reports threw light on the...

Going Back On Promise To Marry Not Cheating But Failure To Repay Loan Will Attract S.420 IPC: Karnataka High Court On Film Director's Plea

In a cheating case instituted by a woman against film director Stanley Joseph, the Karnataka High Court has said that though going back on a promise to marry will not amount to cheating in this case, but obtaining a loan and not repaying the same will amount to criminal intention to cheating, attracting Section 420 of IPC. A single judge bench of Justice K Natarajan thus dismissed...

Supreme Court Monthly Digest- April 2022 With Nominal And Statute/Subject Wise Index

Administrative Law - Appeal challenging adverse Remarks made in the Allahabad HC judgment regarding a Statutory authority - Allowed - Even if the High Court found that the impugned actions of the authorities concerned, particularly of the appellant, had not been strictly in conformity with law or were irregular or were illegal or even perverse, such findings, by themselves, were not...

No One Can Be 'Summoned' To Police Station Orally By Subordinate Police Officials Sans Station Incharge's Approval: Allahabad High Court

In a significant direction issued to the State of UP and its instrumentalities, the Allahabad High Court (Lucknow Bench) has recently observed that no person, including an accused can be summoned to a police station orally by subordinate police officials without the consent/approval of the station in-charge.The Bench of Justice Arvind Kumar Mishra-I and Justice Manish Mathur further directed...