Supreme court
Can Tax Exemption Be Claimed Based On Doctrine Of Legitimate Expectation? Supreme Court Delivers Split Verdict
The Supreme Court bench comprising Justices M.R. Shah and Krishna Murari has rendered a split verdict on the issue concerning the applicability of the doctrine of legitimate expectation where a tax holiday/ sales tax exemption granted to the appellant- manufacturer was stopped pursuant to the amendments made to the West Bengal Sales Tax Act, 1994.Pursuant to the amendments made by the West...
Supreme Court Monthly Round Up (April 2023)
Welcome to the Supreme Court Monthly Digest, your comprehensive guide to the latest developments and landmark judgments from the apex court of India. Brought to you by Live Law, this digest aims to unravel the legal intricacies and provide insightful analysis of the Supreme Court's decisions, shaping the legal landscape of the nation. Through this digest, we aim to promote...
Senior Advocate Designation : Supreme Court Says Role Played By Lawyers In Cases To Be Assessed Than Counting Mere Appearances
On Friday, while delivering its judgment in pleas seeking modifications in the guidelines regulating the conferment of designation of Senior Advocates as laid down in its 2017 judgment (Indira Jaising v. Supreme Court of India), the Supreme Court enhanced the weightage given to miscellaneous category including pro bono work, reported and unreported judgments and domain expertise by 10...
IBC | NCLT Has To Admit Sec 7 Petition If Debt Is Due; Decision In 'Vidarbha Industries' Based On Its Facts : Supreme Court
The Supreme Court has held that if the existence of a financial debt and its default on the part of Corporate Debtor has been proved, then the National Company Law Tribunal (“NCLT”) is left with no option apart from admitting the petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”). The only ground on which a petition under Section 7 of IBC can be rejected is...
Senior Advocate Designation : Supreme Court Reduces Points Assigned For Publication; Expands Its Scope To Include Teaching Assignments and Guest Lectures
On Friday, while delivering its judgment in pleas seeking modifications in the guidelines regulating the conferment of designation of Senior Advocates as laid down in its 2017 judgment (Indira Jaising v. Supreme Court of India), the Supreme Court said that it would reduce the weightage given to publication in the existing guidelines. Noting that the allocation of 15 points for publication in...
'Serious Lapses In POSH Act Enforcement' : Supreme Court Issues Directions To Strengthen Law Protecting Women From Sexual Harassment At Workplace
The Supreme Court has expressed disquiet at what it called the "serious lapses" in the implementation of the the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 [POSH Act], even a decade after its enactment.In this regard, the Court took note of a recent report in a national daily which stated that out of the 30 national sports federations in...
No Strict Age Bar Of 45 Years For Senior Designation, But Only Exceptional Advocates Be Designated Below This Age : Supreme Court
The Supreme Court, on Friday, clarified that it is not in favour of restricting conferment of designation of Senior Advocate only to Advocates who are above 45 years of age. Candidates below the said age should be considered if they display that extra bit of ability to be designated.“While we would not like to restrict applications only to advocates who are above 45 years of age,...
Courts Can Grant Default Bail Independent Of & Not Relying Upon 'Ritu Chhabria' Judgment: Supreme Court Clarifies
The Supreme Court on Friday clarified that its interim order which directed that any application filed before any court seeking default bail on the basis of Ritu Chhabaria v. Union of India And Ors. should be deferred, shall not preclude any trial courts or High Courts from considering applications for grant of default bail independent of and without relying on the judgement in Ritu Chhabaria....
‘Legal Profession No Longer A Family Profession; Newcomers Must Be Encouraged’: Supreme Court Encourages Diversity In Senior Designations
On Friday, while delivering its judgment in pleas seeking modifications in the guidelines regulating the conferment of designation of Senior Advocates as laid down in its 2017 judgment (Indira Jaising v. Supreme Court of India), the Supreme Court emphasised on the importance of the aspect of diversity in the process of designation of Senior Advocates. “The legal profession is no...
Ensure ICCs Are Constituted Under POSH Act : Supreme Court To All Govts, Statutory Professional Bodies, Universities Etc
In a significant judgement, the Supreme Court of India has issued a slew of directions for the proper implementation of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 [POSH Act] all over the country. The Act was enacted with the aim to protect women from sexual harassment at workplaces.The Court has directed the Union Government, State...
Never Said Borrowers Should Be Personally Heard Before Their Accounts Are Classified As Fraud : Supreme Court
The Supreme Court on Friday clarified that its judgment, which mandated that borrowers should be heard by banks before their accounts are classified as fraudulent in terms of the RBI master circulars, did not mean that they should be personally heard.Opportunity of hearing does not mean personal hearing, said the bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha....
Supreme Court Stays Promotion Of Judicial Officers As District Judges In Gujarat
The Supreme Court on Friday stayed the promotion of judicial officers as District Judges in the State of Gujarat, after taking exception to the State Government notifying the promotions while the legality of the promotions was a sub-judice issue before the Court.A bench of Justices MR Shah and CT Ravikumar stayed the recommendation made by the Gujarat High Court for the promotion of the...