SC Disallows Reliance Owned Sasan Power From Recovering Rs.1,050 Cr [Read Judgment]

Setting aside an order of the Appellate Tribunal for Electricity (APTEL), the Supreme Court has ruled that Sasan Power Ltd, a power generation unit wholly owned by Reliance Power Limited, was disallowed from recovering Rs.1050 crore from 15 power distribution companies.A bench of Justice Rohinton Nariman and Justice Kurian Joseph set aside the order that was in favour of Sasan.It is to be...

‘We Should Guard Against Expansion Of Basic Structure Doctrine’, Says Author Raju Ramachandran

In a free-for-all hilarious fun-filled event, Senior advocate of the Supreme Court, Raju Ramachandran, was the object of pun and jokes, which he equally enjoyed, with a hall full of his admirers and critics, on December 7, at India International Centre, in New Delhi, where his semi-autobiographical book, “I’ve been around for some time: Analyses, Reflections and Reminiscences’,...

Personal Laws Can’t Claim Superiority Over Constitutional Rights: Allahabad HC [Read Judgment]

Regarding Triple Talaq the Court said that it would not say anything further for the reason that the Supreme Court is seized with the matter.The Allahabad High Court in a judgment [dated 5.11.2016] has held that personal laws, of any community, cannot claim supremacy over the rights granted to the individuals by the Constitution.The high court was hearing a petition filed by a Muslim husband...

Employee Of ‘Tenant’ Partnership Firm Not Necessary Party In Rent Proceedings: SC [Read Judgment]

In rent proceedings, the lessee/tenant is the only necessary or/and proper party and none else. A person, who claims through lessee/tenant, is not a necessary party, the bench heldThe Supreme Court in Nandkishor Savalaram Malu vs. Hanumanmal G. Biyani, has held that when a partnership firm is the tenant, then an employee of the firm is not a necessary party to the eviction proceedings...

Demonetisation: Crucial SC Hearing Tomorrow. 10 Big Grounds Cited By Centre In Its Affidavit Justifying It [Read Affidavit]

The Supreme Court will tomorrow hold a crucial hearing of petitions challenging the constitutional validity of the demonetisation of Rs 500 and Rs 1000 notes set in motion exactly a month ago. LiveLaw highlights the ten main points in Centre's affidavit justifying the controversial monetary step. Curb financing of terrorism through proceeds of fake notes and use of such funds for...

Gratuity Can Be Denied Only When There Is Termination On Account Of Misconduct: SC [Read Judgment]

It is not enough that the alleged misconduct of the employee constitutes an offence involving moral turpitude as per the report of the domestic inquiry, the bench said.The Supreme Court in Jorsingh Govind Vanjari Vs. Divisional Controller Maharashtra, State Road Transport Corporation, has held that in order to deny gratuity to an employee, it is not enough that the alleged misconduct of...

Bulandshahr Rape: SC Rejects Azam’s Apology Saying It Is Not “Unconditional” [Read Order]

The Supreme Court today declined to accept Uttar Pradesh minister and Samajwadi Party leader Azam Khan’s apology for calling the Bulandshahr gang rape a “political conspiracy” noting that it was “not unconditional” as was demanded by the bench in the last hearing.Khan had also offered to sponsor the education of the victim till graduation which she rejected.In the affidavit, Khan...

Will Appeal Against Jayalalithaa Abate? If So What Will Be The Fate Of Other Accused?

Justice KT Thomas says Supreme Court should hear the appeal against other accused afresh.After the demise of Tamil Nadu Chief Minister J Jayalalithaa, speculations are rife on the fate of appeals filed by State of Karnataka against her in the disproportionate assets case.A two-judge bench of Supreme Court comprising Justice Pinaki Chandra Ghose and Justice Amitava Roy reserved its judgment...

Income Earned By Erstwhile Ruler From His Residential Palace Not Taxable: SC [Read Judgment]

The Supreme Court in Maharao Bhim Singh of Kota vs. Commissioner of Income Tax, Rajasthan, has held that income earned by erstwhile rulers by letting out portion of their residential palace to tenants, is not taxable and is exempted under Section 10(19A) of the Income Tax Act.The full bench of the Rajasthan High Court had held that as the assessee continues to remain in occupation of his...

People Like It Or Not, Harsher Punishment Must For Rash & Negligent Driving: SC

Favoring harsher punishment for rash and negligent driving which now attracts only a maximum of two years in jail even if it caused death, the Supreme Court today said people should “fear the law whether they like it or not.Provisions under the Motor Vehicles Act and section 304A (causing death by rash and negligent act) of IPC, which provides for a maximum two years jail term, seems to...

Justice Jagdish Singh Khehar Will Be the Next Chief Justice Of India

Justice Jagdish Singh Khehar will be the 44th Chief Justice of India. He will be sworn in as CJI on January 4, 2017.Chief Justice of India Justice Thakur has reportedly recommended the name of Justice Khehar for the appointment.He would remain in office from January 4, 2017 till August 4, 2017.He assumed office as a Judge in the  Supreme Court on September 13, 2011.Justice Khehar led...

Uphaar: SC Notice To Ansal Brothers On AVUT Plea To Enhance The Sentence; Restrained From Going Abroad

Supreme Court today issued notice to theatre owners Ansal brothers -Gopal and Sushil- on a review plea filed by the Association of victims of 1997 Uphaar cinema fire tragedy seeking enhancement of their punishment.The Ansals have also been asked by a bench of justices Ranjan Gogoi, Kurian Joseph and Adarsh Kumar Goel not to leave the country till the disposal of the review petition.On...