Supreme court
Exclusion Of Advocates In GST Appellate Tribunals: Supreme Court Tags The Matter With Petition For Constitution Of GSTATs
The Supreme Court on Friday (September 17, 2021) tagged the special leave petition filed by Revenue Bar Association challenging Madras High Court's order of setting aside some provisions of the Goods and Services Tax Act, 2017 which provided for the constitution of the Goods and Services Tax Appellate Tribunal ("GSTAT") and the qualification and appointment of members...
Order VII Rule 11 CPC - Plaint Can't Be Rejected If Limitation Is A Mixed Question Of Law & Fact : Supreme Court
The Supreme Court has held that a plaint cannot be rejected under Order VII Rule 11(d) of the Code of Civil Procedure if the issue of limitation is a mixed question of law and fact.A bench comprising Justices Hemant Gupta and V Ramasubramaniam observed so while reversing a Bombay High Court's judgment which had upheld a civil court's order to reject a plaint.The suit in question was...
Supreme Court Weekly Round Up September 13 To September 19, 2021
JUDGMENTS THIS WEEK1. Unilateral Cancellation Of Registered Sale Deed Can't Be An Anticipatory Bail Condition: Supreme CourtCase: Syed Afsar Pasha Quadri v The State of TelanganaCitation : LL 2021 SC 474The Supreme Court has observed that a registered sale deed cannot be cancelled unilaterally by one party to the said document in purported compliance of the direction given by the High...
'A Judge, Who Always Upheld Individual Liberties': Supreme Court Judges Pay Tribute To Late Justice M. Shantanagoudar
Paying tribute to deceased Supreme Court judge, Justice M. Shantanagoudar, Apex Court Justice Abdul Nazeer on Saturday spoke of the former's "astute legal mind whose incisive legal thinking was constantly channelised towards aiding and encouraging the average citizen and resolving their everyday problems".The judge was speaking at an event organised by the Karnataka State Bar Council to...
Criminal Appeals Not Likely To Be Heard Soon In Allahabad HC : Supreme Court Grants Bail To 2 Prisoners
Taking into consideration the pendency of criminal appeal before Allahabad High Court since 2007 and 2013 and the unlikeliness of the same being heard in near future, the Supreme Court on Friday (September 17) granted bail to two accused(s) who have already undergone incarceration for more than 15 and 12 years. "The petitioners have already undergone incarceration for more than 15...
Investigation Agencies Must Endeavour To Produce Accused Via Video Conferencing Whenever Possible : Supreme Court
The Supreme Court on Friday refused to interfere in the plea challenging Madras High Court's order extending its remand orders to the effect of permitting the investigating agencies to not produce accused persons either in person or through video conferencing. A bench comprising Justice AM Khanwilkar and Justice CT Ravikumar, however, found force in petitioner's submission that...
Unilateral Cancellation Of Registered Sale Deed Can't Be An Anticipatory Bail Condition: Supreme Court
The Supreme Court on Friday (September 17, 2021) observed that a registered sale deed cannot be cancelled unilaterally by one party to the said document in purported compliance of the direction given by the High Court, since that adversely affects the rights of the purchasers who are not a party before the High Court. The bench of Chief Justice NV Ramana, Justice Surya Kant and...
Summoning And Detaining A Person Without There Being Any Crime Registered Against Him Illegal: Supreme Court
The Supreme Court observed that summoning and detaining a person without there being any crime registered against him would be violative of basic principles.The directions issued in Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273, would be applicable even if no crime was registered, the bench of Justices UU Lalit, S. Ravindra Bhat and Bela M. Trivedi observed.In this case, a man approached...
Imposition Of Costs Not A Reflection On Counsel; Costs Must Follow Cause In Commercial Matters Including Writ Petitions : Supreme Court
The Supreme Court observed that costs must follow the cause in commercial matters including writ petitions.The court added that it is not a correct approach to presume that imposition of costs is a reflection on the counsel.The bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy observed that tender jurisdiction was created for scrutiny of commercial matters and, thus, where...
The Need Of The Hour Is the Indianisation of Our Legal System: Chief Justice NV Ramana
Speaking about the Indian judicial system, CJ N. V. Ramana on Saturday acknowledged that very often our justice delivery poses multiple barriers for the common people, that the working and the style of Courts do not sit well with the complexities of India, and that our system, practices, rules being colonial in origin may not be best suited to the needs of Indian population. The CJ was...
Section 319 CrPC: Summoning Power Should Be Exercised Only When Strong And Cogent Evidence Occurs Against A Person: Supreme Court
The Supreme Court observed that the power under Section 319 of the Criminal Procedure Code should be exercised only when strong and cogent evidence occurs against a person from the evidence.The bench of Justices KM Joseph and PS Narasimha reiterated that the power under Section 319 CrPC cannot be exercised in a casual and cavalier manner. The test to be applied is one which is more than...
Missing Of 82 Years Old Covid Patient From TB Hospital: UP Govt. Withdraws Plea Against Allahabad HC Order As HC Clarifies Its Previous Order
The Supreme Court today dismissed as withdrawn a special leave petition filed by State of Uttar Pradesh seeking stay against Allahabad High Court's order in which the High Court had sought details from Additional Chief Secretary, Medical Health and Family Welfare of the SOP/Plan prepared by the State Government for all levels of Hospitals i.e District Hospitals, Community Health Centres...