Waiting Period For Mutual Consent Divorce As Per S.13B(2) Of Hindu Marriage Act Can Be Waived Invoking Article 142 : Supreme Court

A Constitution Bench of the Supreme Court has held that it can invoke the special powers under Article 142 of the Constitution of India to waive the waiting period of 6 to 8 months prescribed for seeking divorce through mutual consent as per Section 13-B of the Hindu Marriage Act 1955.The 5-judge bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, AS Oka, Vikram Nath and JK...

Chargesheet Not Incomplete Merely Because It Was Filed Without Sanction; Accused Can't Seek Default Bail On That Ground : Supreme Court

The Supreme Court today pronounced a judgement holding that an accused person would not be entitled to default bail on the ground that the chargesheet filed against them is without a sanction of valid authority and hence is an incomplete chargesheet. The judgement was pronounced by a bench comprising CJI DY Chandrachud and Justice JB Pardiwala. The bench held that whether the sanction of a...

Supreme Court Dismisses As Withdrawn Plea To Ban Political Parties With Religious Names & Symbols; Gives Liberty To Move HC

The Supreme Court of India on Monday allowed the withdrawal of a petition seeking the ban of political parties which use names and symbols with religious connotations."The appearing counsel seeks permission to withdraw the present petition with the liberty to approach the high court. Writ petition stands dismissed as withdrawn, with the above liberty. We have not expressed anything on merits...

Plea Challenging Anand Mohan's Premature Release : Supreme Court To Hear On May 8 Plea Of Slain IAS Officer's Wife

The Supreme Court on Monday agreed to hear on May 8 a petition filed 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.The petition was filed by Uma Krishnaiah, the widow of District Magistrate G Krishnaiah, who was killed after an attack by a mob led...

Orissa High Court Felicitates Lawyers With Over 50 Yrs Of Practice, Confers ‘Lawyers Of The Year Award’ On 18 Young District Court Lawyers

As a part of the 75th year celebration of the High Court of Orissa, the Lawyers’ Day was observed in a special way on Friday in a function organized at Odisha Judicial Academy, Cuttack. The Lawyers’ Day is observed every year on 28th April by the legal fraternity of Odisha commemorating the birth anniversary of Utkala Gouraba Madhusudan Das.29 senior lawyers of the High Court Bar...

'Anti-Conversion Laws Prone To Misuse Against Minorities; No Forceful Conversions In State For Many Years': TN Govt To Supreme Court

Responding to a PIL filed to direct the Law Commission of India to prepare a draft on anti-conversion law, the Tamil Nadu Government has submitted before the Apex Court that Anti-conversion laws are prone to misuse against minorities. The PIL filed by BJP leader Ashwini Upadhyay has also sought for a direction to the government to take steps to control forceful or fraudulent...

Assessee Was Given Only 13 Hours Time To Reply To The Show-Cause Notice: Madras High Court Quashes Assessment

The Madras High Court has quashed the assessment as the assessee was given only 13 hours to reply to the show-cause notice.The bench of Justice M. Dhandapani has directed the department to consider the matter afresh and, after providing an opportunity to the petitioner, pass appropriate orders within a period of four weeks.The petitioner/assessee was issued with a first show cause notice on...

'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...