Supreme court
'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...
Permanent Alimony & Interim Maintenance Can Be Granted Even When Marriage Is Void Under Hindu Marriage Act : Supreme Court
Answering a reference, the Supreme Court today (February 12) ruled that permanent alimony and interim maintenance under the Hindu Marriage Act, 1955 can be granted even when the marriage has been declared void."A spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of...
Order XXII Rule 4 CPC | No Separate Prayer To Set Aside Abatement Needed If Application To Substitute Legal Heirs Is Filed: Supreme Court
The Supreme Court held that if an appeal abates due to the failure to substitute legal heirs, filing a substitution application under Order XXII Rule 4 CPC eliminates the need for a separate application to set aside the abatement. “When an application praying for substitution had been made, then, even assuming that it does not have an explicit prayer for setting aside the abatement,...
Senior's Reprimand At Workplace For Official Duties Not Criminal Offence Of 'Intentional Insult' Under S 504 IPC : Supreme Court
The Supreme Court held that a verbal reprimand at the workplace concerning official duties does not amount to a criminal offense under Section 504 IPC ('intentional insult with the intent to provoke breach of peace'). The Court observed that if the employer or superior official does not question employees work performance, then failing to address an employee's misconduct could set a...
PMLA Accused Can't Be Kept In Custody If Order Taking Cognizance Of ED Complaint Has Been Quashed : Supreme Court
The Supreme Court on Wednesday (February 12) granted bail to an accused in a case under the Prevention of Money Laundering Act (PMLA) after noting that the order taking cognizance of the prosecution complaint filed by the Enforcement Directorate (ED) has been quashed.The Court questioned the ED for continuing the custody of the accused, who has been in custody since August 2024, after the...
Supreme Court Quashes Appointment Of Chairperson Of National Commission For Homeopathy
The Supreme Court today(February 12) allowed a civil appeal challenging the appointment of Dr. Anil Khurana as the chairperson of the National Commission for Homoeopathy.A bench of Justices Dipankar Datta and Manmohan held that the appointment was not in accordance with the law and directed Dr. Khurana to leave the office within a week. Officially, Dr. Khurana has 6 months to demit...
Compassionate Appointment : Supreme Court Flags Conflicting Judgments On Whether Scheme Prevalent On Date Of Death Or Date Of Consideration Applies
The Supreme Court, while deciding a civil appeal concerning compassionate appointment, observed that the issue of whether an applicable scheme should be the one in effect during the time of death or when the application for such appointment was considered, continues to be in a grey area. In brief, the respondent's father was working for the Canara bank and passed away in the year 2001,...