Supreme court
Supreme Court Upholds Meghalaya Govt's Order To Dissolve Private University For Mismanagement
The Supreme Court on Thursday (February 13) upheld the decision taken by the Meghalaya Government in 2014 to dissolve the Chander Mohan Jha (CMJ) University, a private University.The Court also held that the University's decision to self-appoint a Chancellor, without the approval of the Visitor (Governor) was illegal. The State Government ordered the dissolution of the University, by...
Portion Of S.161 CrPC Statement Used To Contradict Witness Must Be Proved Through Investigating Officer & Marked: Supreme Court
The Supreme Court on Thursday (February 13) set aside the conviction under Section 302 IPC of a man after noting that the trial court failed to follow the proper procedure for contradicting the prosecution witnesses in their cross-examination with their previously recorded Section 161 Cr.P.C. statements. A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan held that the trial court erred...
Income Tax Act | No Penalty Under S.271AAA If Undisclosed Income Is Admitted, Explained & Tax Paid Even With Delay : Supreme Court
The Supreme Court, while determining a tax matter, observed that the undisclosed income, under Section 271AAA(1) of the Income Tax Act, surrendered by the assessee during the search, is not sufficient to levy the penalty. Essentially, the said provision talks about penalty where a search has been initiated. The explanation reads as: “(a) “Undisclosed income” means—...
Uncomfortable Questions Posed During Judicial Proceedings Can't Be Regarded As Humiliation : Supreme Court
The Supreme Court observed that statements made in court, and even uncomfortable questions posed to parties, cannot be considered public humiliation, as these actions are necessary for the court to fulfill its duty of ascertaining the truth. “During court proceedings, many statements are made and questions are posed which may make a person uncomfortable, but all such...
Execution Of Decree Granting Perpetual Injunction Not Subject To Any Period Of Limitation : Supreme Court
In a recent judgment, the Supreme Court stated that the execution of a decree granting a perpetual injunction is not subject to any period of limitation. This is in view of Article 136 of the Limitation Act which states that "an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation."The Court made this...
'Every Statute Prima Facie Prospective Unless Stated Otherwise' : Supreme Court Says 2002 Amendment To CST Act Won't Affect Accrued Rights
The Supreme Court yesterday (on February 12) held that though after the amendment of Section 8(5) of the Central Sales Tax Act, the State Government's right to grant exemption from tax has ceased to exist, the amendment is prospective. Thus, it would not apply to the cases where an absolute exemption has already been granted.The amended Act nowhere stipulates that rights previously accrued...
Order XXII Rule 4 CPC | Supreme Court Explains Correct Procedure To File Applications To Substitute Legal Heirs, Set Aside Abatement & Condone Delay
The Supreme Court has issued a clarification regarding the substitution of legal heirs in ongoing litigation, addressing a frequent procedural misstep by lawyers. The Court emphasized the crucial distinction between abatement of a suit or appeal and the process of setting aside that abatement, particularly in cases where substitution applications are filed beyond the initial 90-day...
UP Gangsters Act | Strict Scrutiny Essential When FIR Registered Under Stringent Laws : Supreme Court
The Supreme Court on Wednesday (February 12) ruled that strict scrutiny of the FIR is required registered under stringent laws like the Uttar Pradesh Gangsters Act to prevent its misuse in property or financial disputes. The Court emphasized that Article 21 of the Constitution cannot be disregarded solely based on the registration of a criminal offense. Furthermore, it ruled that...
NDPS Act | Appellate Court Can Grant Bail Despite S.37 If Convict Has Suffered Long Sentence & Appeal's Early Hearing Is Unkilely : Supreme Court
The Supreme Court has held that the sentence of a person convicted for offences under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) can be suspended despite the rigours of Section 37 if the convict has undergone long period of incarceration and the likelihood of an early hearing of the criminal appeal was remote.A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan...
Calling A Woman 'Illegitimate Wife' Or 'Faithful Mistress' Violates Her Rights : Supreme Court Criticises Misogynistic Language In Judgment
The Supreme Court today expressed its disapproval of a Bombay High Court judgment that employed misogynistic language against a woman whose marriage was declared void, referring to her as an “illegitimate wife” or “faithful mistress.” “Under Article 21 of the Constitution of India, every person has a fundamental right to lead a dignified life. Calling a woman an “illegitimate...