Court Judgments Always Retrospective In Nature Unless Judgment Itself Specifies Its Prospective Operation: Supreme Court

The Supreme Court has reiterated that a judgment of the Court will always be retrospective in nature unless the judgment itself specifically states that it will operate prospectively."Whereas a law made by the legislature is always prospective in nature unless it has been specifically stated in the statute itself about its retrospective operation, the reverse is true for the law which is...

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police

"We see the game in this. This is grossest impropriety," the Court said.

Sensitive Work Environment Must Be Ensured For Growing Number Of Women Judicial Officers : Supreme Court

While setting aside the dismissal of two women judicial officers in Madhya Pradesh, the Supreme Court on Friday (February 28) underscored the importance of being sensitive to the gender-specific difficulties faced by women, while assessing their performance."While gender is not a rescue for poor performance, it is a critical condition which may weigh for holistic decision-making at certain...

Supreme Court Sets Aside Dismissal Of Two Lady Judicial Officers In MP, Calls For Sensitivity Towards Women's Difficulties

"We need to be aware of the anxieties and difficulties which women face," Justice Nagarathna said.

Stay On Discharge Orders Should Not Be Granted Unless Circumstances Are Exceptional : Supreme Court

The Supreme Court on Friday (February 28) held that High Courts should not ordinarily stay the discharge orders passed by the trial courts in criminal cases."Stay on discharge should never be granted unless circumstances are exceptional," the Court stated.The Court further held that even when the appellate court invokes Section 390 CrPC to arrest an accused while considering an appeal...

Judgment Allowing Govt Employees To Claim Increment Earned A Day Before Retirement Applies Prospectively To Third Parties : Supreme Court Clarifies

The Supreme Court recently confirmed its interim clarifications made with respect to its decision The Director (Admn and HR) KPTCL & Others vs CP Mundinamani , which held that government employees are entitled to the increment which they earned on the previous day of their retirement.The Court clarified that the judgment in CP Mundinamani will apply to third parties from the date of...

S. 14 Partnership Act | Partner's Contribution Becomes Firm's Property, Legal Heirs Cannot Claim Ownership : Supreme Court

The Supreme Court on Thursday (February 27) observed that a contribution made by the partner to the partnership firm becomes the firm's property as per Section 14 of the Partnership Act, 1932 and neither the partner nor his legal heirs would have an exclusive right over the firm's property after the partner's death or retirement except the share in profit in proportion to the contribution made...

Supreme Court Upholds Constitutionality Of GST Act Provisions On Arrest & Summons

The Court held that the power to arrest and summon was incidental to the power to levy and collect tax.

Power Of Attorney With Agreement To Sell Won't Create Agent's Interest In Property; Such GPA Gets Revoked On Principals' Death : Supreme Court

The Supreme Court ruled that a General Power of Attorney (“POA”) without an interest in favor of the agent becomes revocable upon the principal's death, terminating the agency. Additionally, even if an unregistered agreement to sell was executed alongside the POA, the agent cannot claim ownership, as an agreement to sell does not transfer title or ownership unless it is followed by...

'Customs Officers' Are Not 'Police Officers', Must Satisfy Higher Threshold Of 'Reasons To Believe' Before Arrest : Supreme Court

Dealing with a challenge to penal provisions of the Customs Act, the Supreme Court today observed that 'customs officers' are not 'police officers' and that they must satisfy a higher threshold of "reasons to believe" before arresting an accused.A bench of CJI Sanjiv Khanna and Justices MM Sundresh, Bela M Trivedi made the observation while delivering verdict in a batch of 279...

GST Act Arrest Can Be Made Without Final Determination Of Tax Liability If There's Sufficient Degree Of Certainty About Offence : Supreme Court

In its judgment dealing with the powers of arrest under the Goods and Services Tax (GST) Act and the Customs Act, the Supreme Court today held that crystallization of tax liability is not mandatory to carry out an arrest. In some cases, when there is sufficient degree of certainty that the amount of tax evaded constitutes an offence, the Commissioner may authorize arrest after...

Arrest Under GST Act Cannot Be Made Merely To Investigate If Cognizable & Non-Bailable Offence Has Been Committed : Supreme Court

An order of arrest must be passed recording reasons to believe that the accused has committed a cognizable and non-bailable offence.