Vehicle Manufacturers/Dealers Liable To Pay Tax Under Sec. 6 Of Bihar Motor Vehicles Taxation Act, Holds SC [Read Judgment]

“Liability to pay tax under Section 6 is linked with the incidence of manufacturer or the dealer possessing the vehicle which is suitable for use on road during the course of his business.”The Supreme Court has held that the manufacturers and dealers of vehicles are liable to pay additional tax under Section 6 of the Bihar Motor Vehicles Taxation Act.Before the Patna High Court,...

SC Refuses To Stay Bombay HC Judgment Permitting Metro Tunneling Under Fire Temples [Read Order]

‘The State is under constitutional obligation to ensure that the citizen is not deprived of these benefits and conveniences.  Any right of the petitioners to practice of their religion cannot be to the negation of the fundamental rights of the citizens.’  (Bombay HC)Last week, the Supreme Court refused to stay the Bombay High Court judgment permitting metro tunneling under Fire temples...

27 Villagers Challenge WB Govt’s Eviction Move 67 Yrs After Land Acquisition Proceedings, SC Issues Notice [Read Petition]

Can the State evict owners of the land in pursuance of land acquisition proceedings initiated 67 years ago when the actual physical possession of the land was not taken over or would the purported acquisition proceeding be treated as lapsed in view of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?This and several such questions...

Will A.R.Antulay (Jt) Come To The Aid of OPS In His Fight Against Disqualification On The Ground Of Defection?

Last week, during the Supreme Court’s hearing of the challenges to non-disqualification of 11 MLAs led by the Deputy Chief Minister, O.Panneerselvam in Tamil Nadu, the bench of Justices A.K.Sikri, Ashok Bhushan and S.Abdul Nazeer, was told that the landmark case fought by the former Chief Minister of Maharashtra, the late A.R.Antulay, could indeed provide an answer to the dilemma before...

1984 Anti-Sikh Riots Amount To 'Crimes Against Humanity', Observes Delhi HC

"Neither, "crimes against humanity" nor "genocide‟ is part of our domestic law of crime. This loophole needs to be addressed urgently", the Court urged.The Delhi High Court yesterday observed that the anti-Sikh riots of 1984 answered the description of 'crimes against humanity' as the mass killings were "engineered by political actors with the assistance of the law enforcement...

Advocate Madhavi Divan Becomes Third Woman To Be Appointed As Additional Solicitor General In SC

Advocate Madhavi Divan has been appointed as the Additional Solicitor General (ASG) in the Supreme Court, becoming only the third woman to become an ASG in the Apex Court.The first woman to be appointed to the post was Senior Advocate Indira Jaising and the second such woman was Senior Advocate Pinky Anand, who is still holding the post.Notably, Advocate Divan is also the only Supreme Court...

Accused In Summary Court Martial Proceedings Can Engage Legal Advisor: SC [Read Judgment]

“Person who is proceeded against has the option on whether or not to engage a legal advisor or any other person.”The Supreme Court has observed that an accused in a Summary Court Martial is entitled to have the benefit of legal representation.The bench comprising of Justice DY Chandrachud and Justice MR Shah set aside an order of punishment of dismissal from service and six months...

Rafale : Notice For Breach Of Privilege Submitted In Lok Sabha Against PM Modi [Read Notice]

A notice for breach of privilege has been moved in Lok Sabha against Prime Minister Narendra Modi alleging that the Government misrepresented facts in the Supreme Court in the case concerning Rafale deal.The notice has been moved by K.C Venugopal, Congress MP from  Alappuzha, Kerala under Rule 222 of the Rule of Procedure of Lok Sabha.It is stated in the notice that the Government...

1984 Anti Sikh Riots: Delhi HC Awards Life Term To Congress Leader Sajjan Kumar [Read Judgment]

The Delhi High Court, on Monday, convicted Congress leader Sajjan Kumar in a 1984 anti-Sikh riots case.A bench comprising Justice S. Muralidhar and Justice Vinod Goel set aside a lower court order that had acquitted him of the charges. In doing so, the bench reportedly said,“It is important to assure the victims that despite the challenges truth will prevail.”As per an NDTV report,...

Supreme Court Weekly Round-Up

Benefit Of Doubt Arising Out Of Inefficient Investigation Must Be Bestowed Upon The Accused [State of Uttar Pradesh V. Wasif Haider Etc.]The Supreme Court, affirming an acquittal in a murder case, observed that benefit of doubt arising out of such inefficient investigation must be bestowed upon the accused.Executive Magistrate Cannot Direct Police To Register FIR [Naman Pratap Singh vs. State...

HC Can’t Go Beyond Judgment & Decree Of Trial Court While Dismissing Appeal Against It, In Absence Of Cross Appeal/Objection: SC [Read Judgment]

 “The Appellants-original Defendants cannot be put in a worse condition than beyond the judgment and decree passed by learned Trial Court which was appealed before the First Appellant Court and that too in the absence of any cross-appeal or cross objection by the original Plaintiffs.”The Supreme Court has observed that, while dismissing an appeal filed by a defendant, the high court...

Rajasthan Hate Crime : SC Asks Govt To Explain Whether Accused Uploaded Videos From Jail

The Supreme Court on Friday asked the Rajasthan Government to explain whether Shambhu Lal Raigar, who is accused of hate crime by hacking and burning a Muslim man to death, happened to upload videos while being lodged in Jodhpur jail and if so, how was it possible."The State shall, in particular, explain whether a video was uploaded from within the jail premises by the newly added...