Road Traffic Offences Can Be Prosecuted Under Both IPC & Motor Vehicles Act: SC Sets Aside Gauhati HC Directive [Read Judgment]

"Such an interpretation would have the consequence of letting an offender get away with a fine by pleading guilty."

Services Given By Incorporated Clubs To Members Exempted From Service Tax : SC [Read Judgment]

The 'doctrine of mutuality', which is applicable to clubs in the context of sales tax for supplies to members, is applicable "on all fours to service tax"

Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably: SC [Read Judgment]

"The interest of the wife is also required to be protected financially so that she may not have to suffer financially in future and she may not have to depend upon others."

Article 137 Limitation Act Applies To Proceedings For Cancellation Of Probate/Letter Of Administration : SC [Read Judgment]

The Supreme Court has observed that Article 137 of the Limitation Act, which provides for 3 year limitation period, applies to the proceedings under Indian Succession Act for moving an application for cancellation of probate or letters of administration.While rejecting an application for cancellation of probate, the Bombay High Court in the impugned judgment held that...

Supreme Court Monthly Digest- August 2019

Section 313 CrPC: Inculpatory Material As Not Put To The Accused Must Be Eschewed Samsul Haque vs. State of Assam The Supreme Court has reiterated that the incriminating material that came in evidence is to be put to the accused during his examination under Section 313 of the Criminal Procedure Code.The bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph said that...

No Levy Of Sales Tax On Supply Of Food & Drinks By Clubs To Its Members : SC [Read Judgment]

Fiction of deemed sale created by insertion of Article 366(29A) has not done away with the 'Doctrine of Mutuality'

'India Cannot Become Hub Of Arbitration If You Go On Like This' : Justice Nariman Tells Centre On Sec 87 Of Arbitration Act

While hearing a petition challenging constitutionality of Section 87 inserted in the Arbitration and Conciliation Act by the 2019 amendment, Supreme Court judge Justice R F Nariman expressed his criticism about the provision."You have put the clock back", the judge told Solicitor General Tushar Mehta about the Section which nullified the effect of 2018 SC judgment deciding the...

Disputes Arising Out Of Immovable Property 'Actually Used' In Trade Or Commerce Alone Are 'Commercial Disputes': SC [Read Judgment]

"The word “used” denotes “actually used” and it cannot be either “ready for use” or “likely to be used” or “to be used”. It should be “actually used”."

Accused Charged With Food Adulteration Cannot Be Acquitted Merely Because Deficiency Was Marginal: SC [Read Judgment]

"If it fails to comply with the standards then it will have to be treated as an adulterated article even if it is not rendered injurious to health."

Applying 'Residual Doubt Theory', SC Commutes Death Penalty Awarded For Rape-Murder Of Minor [Read Judgment]

The Supreme Court on Thursday applied "residual doubt theory" to commute the death penalty awarded to a person for rape and murder of a 13 year old girl.As per this theory, a higher standard of proof than used at the conviction stage is used to assess whether the convict deserves death penalty.The bench of Justices Rohinton Fali Nariman, R. Subhash Reddy and Surya Kant said,"this Court...

Breaking : SC Grants Interim Protection From Arrest To Gautam Navlakha In Bhima Koregaon Case Till Oct 15

The Supreme Court on Friday granted interim protection from arrest to activist Gautam Navlakha in the Bhima Koregaon case.The bench of Justices Arun Mishra and Deepak Gupta directed the Maharashtra police to produce the materials collected against him in the investigation so far and posted the matter on October 15 at 3 PM.The order was passed by the bench after hearing Senior Advocate Dr A...

Guru Ravidas Temple : SC Urges Parties To Explore Alternate Site For Reconstruction

"You find an amicable solution and come back to us. Any day we can pass the order. We respect the sentiments of everybody on the earth but we have to follow the law," the bench said.