Supreme court
Person Guilty Of Murder Even When He Mistakenly Kills Another Person : Supreme Court Applies 'Doctrine Of Transfer Of Malice'
The Supreme Court recently invoked the doctrine of transferred malice to uphold the conviction of the appellant in a murder case under section 302 IPC. The appellant had no intention to kill the deceased as he had fired with an intention to settle his score with another person Mahendra with whom he had entered into a harsh argument. However, the court held that it made no difference...
LMV License Issue : Supreme Court Says 'Mukund Dewangan' Decision Will Continue To Apply While Reference Is Pending
A Supreme Court Constitution Bench today (22.11.2023) directed that the decision in its 2017 judgement of Mukund Dewangan v. Oriental Insurance Company Limited will continue to hold field during the pendency of reference on the issue related to "Light Motor Vehicle" (LMV) driving license requirements for transport vehicles.The issue before the Constitution Bench comprising Chief Justice of...
ED Can't Invoke PMLA Using Section 120B IPC When Conspiracy Is Not Related To Scheduled Offence : Justice Sanjiv Khanna
Supreme Court Judge Justice Sanjiv Khanna observed that the Enforcement Directorate cannot invoke the Prevention of Money Laundering Act (PMLA) against an accused citing Section 120B of the Indian Penal Code (which deals with the offence of criminal conspiracy), if the alleged conspiracy is not related to a scheduled offence under the PMLA.The bench comprising Justices Sanjay Kishan Kaul,...
Gain From Foreign Exchange Fluctuations Can't Be Claimed As Deduction Under S.80 HHC Income Tax Act : Supreme Court
Recently, the Supreme Court (on November 21), while interpreting Section 80 HHC of the Income Tax Act, held that the profit from exchange fluctuation is independent of export earnings. Pertinently, Section 80 HHC provides for the deduction of profits which the assessee derives from exporting goods/merchandise.The Court, while stressing upon the wordings of Section 80 HHC, held that the...
JJ Rules 2007| Where Exact Assessment Of Age Not Possible, Reduction Of 1 Year Can Be Given: Supreme Court Accepts Juvenility Plea In 95 Murder Case
The Supreme Court recently reviewed and accepted the plea of juvenility by a convict after 27 years in an assault and murder case that took place in 1995. Although Juvenile Justice Act, 1986 was in force at the time of offence and conviction, a 5-judge Constitutional bench in the Pratap Singh case (2005) had clarified that the 2000 Act applied to pending proceedings initiated under the 1986...
Mineral (Auction) Rules 2015 - State Entitled To Annul Tender Notification When Number Of Technically Qualified Bidders Is Less Than 3 : Supreme Court
The Supreme Court recently validated the authority of the state to annul a tender process, with a specific focus on adherence to Rule 9 under the Mineral (Auction) Rules, 2015.Referring to Rule 9(10) of the Mineral (Auction) Rules, the Court said that where the total number of technically qualified bidders is less than three, then no technically qualified bidder shall be considered to...
BMW Car Damage : Supreme Court Refuses Claim For Replacement; Says Insured Can't Claim Anything More Than Insurance Policy Coverage
The Supreme Court on Monday (20.11.2023) reiterated that an insured cannot claim anything more than what is covered by the insurance policy. The Court also said the terms of an insurance policy, which determine the liability of the insurance company, must be read strictly.Referring to the recent ruling in National Insurance Company Ltd. v. Chief Electoral Officer, the Apex Court said that...
Sales Tax Bar Association Files Writ Petition Challenging CGST Appellate Tribunal Provisions, Supreme Court Issues Notice
Recently, the Supreme Court has issued notice in a writ petition challenging the constitutional validity of Sections 149 and 150 of the Finance Act, 2023 that seek to substitute Sections 109 and 110 of the Central Goods and Services Tax Act, 2017 (CGST Act). These provisions relate to the appointments and conditions of service of members to the Appellate Tribunal under the CGST Act.Petitioner...
Revenue Records Won't Confer Title; In Title Suit, Plaintiff Can't Succeed By Merely Pointing Out Lacunae In Defendant's Title : Supreme Court
Reiterating that revenue records are not documents of title, the Supreme Court held that mere mutation of revenue records would not divest the real title-owners of a land of their right, title and interest in the land.Referring to a catena of precedens, the Court observed that "mutation in revenue records neither creates nor extinguishes title, nor does it have any presumptive value on title....
Supreme Court Rejects NIA's Challenge To Chhattisgarh Police FIR Alleging Larger Conspiracy Behind 2013 Maoist Attack On Congress Leaders
The Supreme Court on Tuesday (21.11.2023) refused to entertain an appeal filed by the National Investigation Agency (NIA) challenging a fresh FIR registered, in 2020, by the Chhattisgarh police to probe the allegations of larger political conspiracy behind a Maoist attack that had killed several senior Congress leaders in Bastar in 2013. The matter was heard by a bench comprising CJI...
Courts Where Wife Takes Shelter After Leaving Matrimonial Home Due To Cruelty Can Entertain Section 498A IPC Complaint : Supreme Court
The Supreme Court recently held that the place where the wife lives and seeks shelter after leaving her husband's home due to cruelty will have jurisdiction to entertain complaints under Section 498-A, depending on the factual situation.Referring to a 3-judge bench decision in Rupali Devi v. State of U.P., (2019) 5 SCC 384, the court observed “The Courts at the place where the wife...
Delhi Pollution : Supreme Court Suggests Excluding Farmers Burning Stubble From Minimum Support Price
The Supreme Court on Tuesday (November 21) suggested excluding farmers burning their stubble from the purview of the minimum support price (MSP) infrastructure, as a part of a carrot-and-stick policy to disincentivise stubble burning in Punjab and other states adjacent to Delhi. It also recommended completely subsidising baling machines for poor farmers and financing their operating costs...