Supreme court
Income Tax Act | Supreme Court Refuses To Give Retrospective Application To 2022 Amendment To S.80DD Regarding 'Jeevan Adhar' Policies
In a recent case, the Supreme Court refused to give the retrospective operation to the amended Section 80DD of the Income Tax Act, 1961 (“IT Act”) which provided an option to the subscriber the Jeevan Adhar Policy (“Policy”) upon attaining the age of 60 years to discontinue the deposit made under the policy and make use of the money accumulated for the benefit of the disabled person...
Motor Accident Claims - Supreme Court Absolves Car Dealer From Liability For Death During Test Drive By Manufacturer's Employees
The Supreme Court refused to hold a car dealer liable to pay compensation under the Motor Vehicles Act, 1988 for the death of persons caused due to an accident which took place while the vehicle was taken for a test drive by the employees of the manufacturer.In this case, an accident took place during a test drive in which the dealer (appellant) of the Lancer car, the driver of the car, and...
Supreme Court Half Yearly Digest 2024 - Civil Minor Acts
Agricultural Produce and Livestock Markets Act, 1966 (Andhra Pradesh)Ghee as a product of livestock – The inclusion of “ghee” as a livestock product cannot be faulted merely because it is not directly obtained from milk, which is a product of livestock, it would still be a “product of a product of livestock”. 'Ghee' is derived out of 'milk' by undergoing a process, yet it still...
Supreme Court Explains Procedure For Admitting Insufficiently Stamped Instruments Under Karnataka Stamp Act, 1957
The Supreme Court recently explained the procedure related to admission of insufficiently stamped instruments as evidence as per Karnataka Stamp Act, 1957.A bench of Justice Hrishikesh Roy and Justice SVN Bhatti extracted the steps to be followed as per Sections 33, 34, 35, 37, and 39 of the Act in the following manner:[Note: In Karnataka, District Registrar acts as the Deputy Commissioner...
'Judgment Cannot Be Sustained In Absence Of Reasoning' : Supreme Court Remands Matter To High Court To Decide Afresh
Observing that no decision could be legally sustainable in the absence of a reasoning, the Supreme Court recently set aside the High Court's Division Bench order which was rendered casually without furnishing any reasons therefor. In the present case, while upholding the single-judge decision, the Division Bench of the High Court didn't express its view on the issues and rather concluded...
Court Can't Postpone Implementation Of Bail Order After Finding Accused Entitled To Bail: Supreme Court
The Supreme Court on Monday (September 2) ruled that once a court concludes that an accused is entitled to bail, it cannot delay the implementation of the bail order, as doing so may violate the rights guaranteed under Article 21 of the Constitution.A bench of Justice Abhay Oka and Justice Augustine George Masih deleted the condition imposed by Patna High Court while granting bail to an...
Online Presence Of Only Those Advocates Who Are Either Present Or Assisting In Court Will Be Marked : Supreme Court
Deploring the practice of marking the presence of an Advocate who was neither physically nor virtually present during the proceedings , the Supreme Court directed that only the presence of those Advocates would be marked who were either present in the case or assisting in the Court. In a strict sense, the bench comprising Justices JK Maheshwari and Rajesh Bindal also said that the presence...
Irretrievable Breakdown Of Marriage Can't Be Used To Advantage Of Party Responsible For Collapse Of Marriage : Supreme Court
In a recent case, the Supreme Court expressed dismay over the mechanical approach adopted by the Family Court in granting a divorce decree against the wife despite no fault being attributed to her.. The Court said that the husband cannot be benefitted from seeking annulment of the marriage when he was solely responsible for the breakdown of the marital relationship. “The bogey...
Bail Cannot Be Denied On The Ground That Trial Is Expedited: Supreme Court
The Supreme Court today (September 2) emphasized that bail cannot be rejected merely on the ground that the trial will be expedited.A bench of Justice Abhay Oka and Justice Augustine George Masih said this while issuing notice in an SLP by a dacoity accused challenging Calcutta High Court's decision to reject his bail plea but expedite the trial.The Supreme Court noted that despite...
Supreme Court Directs State Governments To Implement S. 136A Motor Vehicles Act For Electronic Monitoring Of Road Safety
The Supreme Court today (September 2) directed all state governments to take immediate steps to implement Section 136A of the Motor Vehicles Act, 1988, which pertains to the electronic monitoring and enforcement of road safety. The Court also directed all state governments to ensure compliance Rule 167A(A) of Central Motor Vehicle Rules by issuing challans on the basis of footage from...
Supreme Court Accepts Magistrate's Apology For Remanding Accused Violating SC Order; Imposes Rs 25K Fine On Police Officer
The Supreme Court on Monday (September 2) passed the sentence in the contempt case against a Police Officer and the Judicial Magistrate from Gujarat for the arrest and remand of an accused in violation of its order granting him interim anticipatory bail.While the bench comprising Justices BR Gavai and Sandeep Mehta accepted the unconditional apology tendered by the Magistrate, it imposed a...
Supreme Court Grants Bail To Kejriwal's PA Bibhav Kumar In Swati Maliwal Assault Case
The Supreme Court on Monday (September 2) granted bail to Delhi Chief Minister Arvind Kejriwal's Personal Assistant Bibhav Kumar in the Swati Maliwal assault case.A bench of Justices Surya Kant and Ujjal Bhuyan noted that there are more than 51 witnesses proposed to be examined by the prosecution, and hence, the conclusion of the trial will take some time. Also, the petitioner has been...