Supreme court
Supreme Court Asks Assam Human Rights Commission To Enquire Into Alleged Fake Encounters In State
The Supreme Court today directed the Assam Human Rights Commission (Assam HRC) to conduct an independent and expeditious enquiry into allegations of fake police encounters in the State of Assam.The directions were passed in a petition alleging rampant "fake" encounters in the State as well as non-compliance by state authorities with the directions issued in PUCL v. State of Maharashtra...
Circular Clarifying Previous Notifications On Fiscal Duty Has Retrospective Effect : Supreme Court
The Supreme Court recently held that a circular/notification issued by the revenue department, clarifying or explaining a fiscal regulation, has to be given retrospective effect.In the facts of the case at hand, the Court held that a Circular dated 17.09.2010 issued by the Central Board of Excise and Customs (CBEC) had to be given retrospective effect as it clarified certain...
2025 LiveLaw (SC) 634 | M/S PATANJALI FOODS LIMITED (FORMERLY M/S RUCHI SOYA INDUSTRIES LTD.) Vs UNION OF INDIA & ORS.
Click the link below for the report and the judgment : S.27 Customs Act Or Doctrine Of Unjust Enrichment Won't Apply To Refund Of Bank Guarantee : Supreme Court Allows Patanjali's...
S.27 Customs Act Or Doctrine Of Unjust Enrichment Won't Apply To Refund Of Bank Guarantee : Supreme Court Allows Patanjali Plea
The Supreme Court has held that Section 27 of the Customs Act, which requires a person seeking refund of duty to show that the burden was not passed on to the customer, is not applicable when refund is sought of a wrongly invoked bank guarantee.This is because encashment of bank guarantees by the Customs Department cannot be treated as payment of customs duty. Hence, neither Section 27 nor...
S. 239 CrPC | Discharge Must Be Based On Prosecution's Materials, Not On Defence Materials : Supreme Court
The Supreme Court recently set aside an order discharging the accused under Section 239 Cr.P.C., noting that the discharge was based on materials submitted by the defense instead of relying on the prosecution's evidence. Holding that it is impermissible under the law to rely on the defence materials at the stage of deciding the plea for discharge under Section 239 Cr.P.C., the bench...
Supreme Court Sets Aside HC Direction To Recognise Kakiho Village, Directs Nagaland Govt To Hear Public Objections Again
The Supreme Court on May 23 ordered a fresh issuance of the process for the initiation of recognition of the Kakiho Village by the Nagaland State Government. In this case, the Court set aside the Gauhati High Court's order which had directed the State Government to recognise Kakiho Village within 3 months on the ground that the requirements laid down in the two official memoranda of the...