Supreme Court Weekly Round-Up

Benefit of Ambiguity In Tax Exemption Notification Should Go In Favour Of Revenue Department: SC Constitution BenchIn an important judgment in the realm of taxation laws the Constitution bench of the Supreme Court in Commissioner of Customs (Import), Mumbai vs. M/s. Dilip Kumar and Company, ruled that exemption notifications should be interpreted strictly and that the burden of proving applicability would be on the assessee to show that his case comes within the parameters of the exemption clause or exemption notification. Conviction Cannot Be Based Solely On Co-Accused’s ‘Confessional Statement’ The Supreme Court held that conviction under Narcotic Drugs and Psychotropic Substances Act, 1985, cannot be based solely on the confessional statement of a co-accused, in the absence of a substantive piece of evidence.Assam-NRC Only Draft, Cannot Be Basis of Action By Any AuthorityThe Supreme Court on Tuesday observed that the National Register of Citizens(NRC) prepared for State of Assam was only a draft, and hence the same cannot be basis of any action by any authority.Prior Notice To Other Party Before Filing Application To Set Aside Arbitral Award Not MandatoryDisapproving view adopted by many High courts in the matter of interpretation of Section 34(5) the Arbitration and Conciliation Act, the Supreme Court held that the requirement (under Section 34(5)) of prior notice to the other party before filing an application to set aside an arbitral award is a directory.Even ‘Patently Erroneous’ Orders Can’t Be Recalled By Criminal CourtsThe Supreme Court in Mohammed Zakir vs. Shabana observed that a Criminal Court including High Court (while exercising criminal jurisdiction) cannot recall an earlier order invoking Section 362 of the Code of Criminal Procedure, on the ground that it was ‘patently erroneous’ Mere Notings In Govt’s Official Files Are Matters Of Internal Deliberations & Don’t Bear Legal SanctityThe Supreme Court observed that a mere noting in the official files of the government while dealing with any matter pertaining to any person is essentially an internal matter of the government and carries with it no legal sanctity. SC Slaps Cost Of Rs 75L On Litigant For Re-filing Delay Of Over 1,000 Days In An Arbitration Matter Before Madras HC In an arbitration matter pending before the Madras High Court, the Supreme Court imposed a cost of Rs. 75 lakh on a litigant whose application for condonation of representation delay of more than thousand days was allowed by the division bench.Courts Must See That The Public Doesn’t Lose Confidence In The Judicial System: SC Cautions Courts Against Casual Approach In Sentencing Expressing shock about a Rajasthan High Court judgment that had reduced sentence in a criminal case to period already undergone which was only six days, the Supreme Court observed that imposing inadequate sentences will do more harm to the justice system and may lead to a state where the victim loses confidence in the judicial system and resorts to private vengeance. SC Directs Appointment Of Professionally Qualified Court Managers In All Principal District And Sessions Courts For Better Court AdministrationLamenting how judicial infrastructure has been given relatively low importance with infrastructure in courts in interior parts of the country being on ventilator, the Supreme Court on Thursday underlined some vital features which have to provide in all court complexes across India including court managers with MBA degree for ensuring efficient court administration in every judicial district.SC Grants Protection From Arrest To Doctor Couple Booked Under S.304 For Medical NegligenceThe Supreme Court on Monday granted relief to doctors Deepa and Sanjeev Pawaskar, who have been booked under Section 304 (culpable homicide not amounting to murder) of the IPC in a case of medical negligence.Cannot Cancel Entire Exam If Two Students Were Found Copying: ASTE Exam In Gauhati UpheldThe Supreme Court last week upheld the examination held for selection to the post of Assistant Signal-and- Telecommunication Engineer (ASTE) (Grade-B) against 30% LDCE quota vacancies in Gauhati.Bihar Shelter Home Rape Case: SC Takes Suo Motu Cognizance; Restrains Media From Publishing Even Blurred/ Morphed Photos Of Minor Rape VictimsThe Supreme Court on Thursday took suo motu cognizance of the alleged sexual exploitation and torture of more than 30 minor girls in a shelter home in Muzaffarpur in Bihar, issuing a notice to the State as well as the Ministry of Women and Child Development. Judge Loya Case: Bombay Lawyers Association’s Review Petition DismissedThe Supreme Court on Tuesday dismissed the review petition filed by Bombay Lawyers Association (BLA) seeking review and recall of the judgment denying an independent probe into CBI Special Judge Brijgopal Harkishan Loya’s death. “Everybody With Any Grievance Can’t Rush To SC With A PIL, SC Refuses To Entertain Plea To Ban ‘Paid News’The Supreme Court on tuesday refused to...

Supreme Court Weekly Round-Up

Ashok Kini

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