Supreme court
'Prosecution Suppressed Origin & Genesis Of Offence', Supreme Court Acquits Four Men In 1990 Murder Case
The Supreme Court on Friday (October 17) acquitted four persons who were convicted in a 1990 murder case, giving them the benefit of doubt since the prosecution is found to have suppressed the origin and genesis of the occurrence of the offence. A bench of Justices Sanjay Karol and Sandeep Mehta allowed the appeal filed by the convicts, after noting grave inconsistencies with respect to...
Non-Resident Company Need Not Have Permanent Office In India To Be Taxed On Income Accruing Here : Supreme Court
The Supreme Court has clarified that under the Income Tax Act, a non-resident company can be taxed in India on income that accrues or arises from a business connection within the country, even if it does not maintain a permanent office or physical establishment here.A Bench of Justice Manoj Misra and Justice Joymalya Bagchi, in its judgment examined the scope of Sections 4, 5(2), and 9(1)(i)...
Mohammedan Law | Muslim Widow With No Child Entitled To 1/4th Share In Deceased Husband's Estate : Supreme Court
The Supreme Court affirmed the Bombay High Court's decision that had denied a Muslim widow a 3/4th share in her late husband's estate. The Court said that the widow, a Muslim wife having no child, is entitled to receive only 1/4th share.Further, the Court clarified that a mere agreement to sell executed by the deceased's brother could not defeat the widow's inheritance rights, since such...
Art. 226 | High Courts Should Not Entertain Writ Petition In Matters Within Domain Of Tribunals : Supreme Court
The Supreme Court on Thursday (October 16) observed that matters falling within the jurisdiction of the tribunals should not be interfered with by the High Court upon invoking its Writ Jurisdiction. A bench of Justices JK Maheshwari and Vijay Bishnoi dismissed a batch of appeals concerning the recruitment of 15,000 primary school teachers in Karnataka, affirming the Karnataka High...
Supreme Court Awards Compensation To Transwoman Teacher Dismissed Over Gender Identity; Forms Committee On Transgender Rights
The Supreme Court, in a significant pronouncement on transgender rights, has awarded compensation to a transwoman whose services as a teacher were terminated by two private schools, one in Uttar Pradesh and another in Gujarat, within a year, on the ground of her gender identity.The Court noted that not only the institutions but the respective States failed to comply with the provisions of...
Order VII Rule 11 CPC | Rejection Of Plaint To Be Decided Solely On Plaint Averments : Supreme Court
The Supreme Court observed that an application for rejection of the plaint under Order VII Rule 11 CPC shall be decided based on the averments made in the plaint, and does not consider the defendant's defence or any external evidence. A bench of Justices JB Pardiwala and Manoj Misra set aside the Punjab & Haryana High Court's ruling, which rejected the plaint at the threshold, taking...