Supreme court
MSME Act | Procurement Order 2012 Has Force Of Law, Authorities Subject To Judicial Review : Supreme Court
The Supreme Court recently (on February 25) held that the Procurement Order 2012 issued as per the Micro, Small and Medium Enterprises Development Act, 2006, has the force of law and is enforceable.The Court further held that while the MSME Act and the Procurement Order 2012 do not create an 'enforceable right' for an individual MSE, the statutory authorities and administrative bodies...
Anticipatory Bail Application Maintainable Against Arrest Under GST Act : Supreme Court Overrules Its Previous Judgments
The Supreme Court has overruled its previous decisions which held that anticipatory bail applications were not maintainable with respect to offences under the Goods and Services Tax Act.A three-judge bench comprising Chief Justice of India Sanjiv Khanna, Justice MM Sundresh and Justice Bela Trivedi overruled the two-judge bench judgments in State of Gujarat v. Choodamani Parmeshwaran Iyer...
Person Deprived Of Money Has Right To Be Compensated By Payment Of Interest : Supreme Court Explains Doctrine Of Restitution
The Supreme Court recently held that a person deprived of the use of money he was entitled to has the right to be compensated for the deprivation, in the form of interest. “Thus, when a person is deprived of the use of his money to which he is legitimately entitled, he has a right to be compensated for the deprivation which may be called interest or compensation. Interest is paid for...
When Can Life Insurance Claim Be Repudiated For Not Disclosing Other Existing Policies? Supreme Court Explains
The Supreme Court, while deciding an insurance-related claim, observed that insurance is a contract of utmost faith and it is an insured's duty to disclose all material facts. Non-disclosure of such fact may result in repudiation of the claim; however, the materiality of a certain fact is decided on a case-to-case basis.“An insurance is a contract uberrima fides. It is the duty of the...
Some Merit In Allegations That GST Officials Coerce Assesses To Pay Tax With Threat Of Arrest; It's Impermissible: Supreme Court
The Supreme Court on Thursday (February 27) observed that there was some merit in the allegation that tax officials coerce assesses to pay the Goods and Services Tax with the threat of arrest. This observation was made by the Court on the basis of data.The Court said that if any person is feeling coerced to pay GST, they can approach the writ court for refund of the tax paid by them...
Employee Can't Be Denied Pension Citing 'Break In Service' If Absence Was Regularized As Extraordinary Leave : Supreme Court
The Supreme Court held that pensionary benefits cannot be denied to a retired government employee whose unauthorized absence from duty was treated as extraordinary leave, leading to the regularization of their service. The Court said that if despite the employee's prolonged absence from the service, his service is regularized during the period of absence by treating his absence as...
S.27 Evidence Act Can't Aid Prosecution If Recovery Isn't Proved To Be Based On Disclosure Of Accused : Supreme Court
The Supreme Court recently (on February 24), while acquitting two persons convicted for the offence of murder, observed that the circumstance leading to the deceased's body discovery was not proved beyond all reasonable doubt as against the appellant. The observation was made in regard to Section 27 of the Evidence Act, which talks about information received from the accused which may...
Tenant Cannot Dictate Landlord Should Get Another Property Vacated For Bona Fide Need : Supreme Court
The Supreme Court observed that the landlord or property owner is the best judge of which portion of the rented premises should be vacated to meet their specific needs, and the tenant cannot oppose eviction merely on the grounds that the landlord owns other properties.“The law with regard to eviction of a tenant from the suit premises on the ground of bona fide need of the landlord is...
No Concept Of 'Deemed Sanction' Under Section 197 CrPC : Supreme Court
While quashing a case against the public servant due to lack of prior sanction, the Supreme Court on Tuesday (February 25) observed that the failure of the sanctioning authority to provide sanction within the stipulated time would not make the sanction a 'deemed sanction' because such a concept doesn't exist under Section 197 of Code of Criminal Procedure, 1973."Section 197 of CrPC does...
S.106 Evidence Act Must Be Applied With Care, Can't Be Used To Make Up Prosecution's Inability : Supreme Court Explains Principles
The Supreme Court has reiterated that Section 106 of the Indian Evidence Act, 1872 cannot be applied in criminal cases unless the prosecution succeeds in establishing a prima facie case. As per Section 106 of the Evidence Act, the burden of proof of proving things which are in the special knowledge of a person is on that person. If a fact is within the special knowledge of the accused, then...
