Supreme Court Weekly Round-Up

The statement “inclusive of all taxes” does not mean the assessee admitted charging Sales taxThe Supreme Court in Deputy Commissioner of Commercial Taxes (Vigilance) Versus M/s Hindustan Lever Limited, observed that the statement on the packaged product ‘inclusive of all taxes’, means all taxes which were leviable, were already included in the price mentioned and it should not be constructed as an admission that the assessee had charged sales tax. Tenant’s application for renewal to conduct business cannot be rejected for want of consent of the landlordThe Supreme Court in Sudhakaran vs. Corporation of Kochi held that the requirement of consent of landlord is applicable only when a person intends to obtain a licence for the first time and not for Renewal or subsequent application for obtaining licence on expiry of the period of the existing licence, during the currency of the tenancy.Attachment proceedings against an accused who died during pendency of trial impossibleThe Supreme Court of India in U. SUBHADRAMMA VS. STATE OF A.P observed that property of a person who was accused of an offence of misappropriation but who died during the pendency of the criminal trial cannot be attached in the hands of his legal representatives under the provisions of Criminal Law Amendment Ordinance, 1944.Microsoft, Google, Yahoo slammed for hosting sex determination Advts violating PNDT ActSupreme Court on Tuesday accused online search engines Microsoft, Google and Yahoo of violating the law of the country by hosting advertisements pertaining to pre-natal sex determination and directed Centre to remove them at the earliest with help from technical experts. Centre wants diesel SUV ban lifted; verdict reservedAuto majors like Mercedez Benz, Toyota and BMW on Monday got a boost with the Centre supporting their appeal to the Supreme Court to lift the ban on registration of 2000 CC plus diesel cars just before the three -judge bench headed by Chief Justice T S Thakur reserved its verdict after holding extensive hearings.Former Kerala CM Achuthanandan’s Appeal for CBI Probe in Ice Cream Parlour Case dismissed Supreme Court of Indiaon Monday dismissed former Kerala Chief Minister and CPI(M) leader V. S. Achuthanandan’s Appeal against Kerala High Court Judgment rejecting his PIL for CBI investigation in the Ice Cream Parlour Case. The State Government ruled by LDF in Kerala has not changed the stand taken by the previous UDF Government. Senior Advocate KK Venugopal argued for the State Government opposing Achuthanandan’s Appeal stating that the case is politically motivated.Sanction is mandatory prerequisite even when an additional Accused is added under Section 319CrPCThe Supreme Court in SURINDERJIT SINGH MAND VS. STATE OF PUNJAB held that protection of ‘sanction’under Section 197 of the Criminal Procedure Code is not available to police officers accused of illegal detention and offences committed during the period before the formal-arrest is recorded. Railways must pay for roof travel deathsThe Apex Court ruled that the Railways will have to compensate for the death or injury sustained on account of travelling on the roof of a train even if the act of the person was illegal. The Supreme Court Bench made it clear while ordering the Central government to pay a compensation of Rs five lakh each to 19 youths who fatally hit a foot-over bridge while travelling on the roof of an express train five years ago. Govt. directed to extend 3% Reservation for disabled Persons in all postsIn a Landmark Judgment, Supreme Court of India directed the Government to extend the reservation for ‘persons with disability’ in all identified posts including Group A and Group B, irrespective of the mode of filling up of such posts.One year limitation period applicable for suo-motu contempt proceedings as wellThe Supreme Court in MAHESHWAR PERI VS. HIGH COURT OF JUDICATURE AT ALLAHABAD held that one year limitation period as provided in Section 20 of the Contempt of Courts Act also applies for Suo motu initiation of contempt proceedings by Supreme Court or High Court.Appeal against acquittal of Salman Khan in 2002 hit and run case admittedIn a big relief to Maharashtra government, the supreme court on Tuesday admitted its appeal against the acquittal of Bollywood star Salman Khan in the 2002 hit and run case in December last year.PIL on Clinical trial of anti-diarrhea vaccine Rotavac: Notice issued to Centre, DBT and CMC VelloreOn Tuesday, the Supreme Court issued notice to the Centre, Department of Bio-Technology (DBT) and Christian Medical College, Vellore in a PIL filed seeking complete centre-wise results of the clinical trial of anti-diarrhea vaccine Rotavac. Advocate Prashant Bhushan appeared for the Petitioner.Akshardham Attack: compensation to acquitted persons refusedThe Supreme Court on Tuesday refused to entertain a plea of six persons in the 2002 Akshardham terror attack caseas a bench of comprising Justices Dipak Misra and R Banumathi said it ...

Supreme Court Weekly Round-Up

Ashok KM

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