Supreme court
Levy Of Additional Special Road Taxes Not A Penalty, But Regulatory : Supreme Court Upholds Section 3A(3) HPMVT Act
The Supreme Court upheld the constitutional validity of levy of additional special road tax under Section 3A(3) of Himachal Pradesh Motor Vehicles Taxation Act, 1972.Reversing the judgment of the Himachal Pradesh High Court, the three judges bench of the Apex Court observed that the tax imposed under Section 3A(3) is regulatory in character and is not a penalty.Imposition of such...
Sharad Yadav’s Legal Legacy
The former Janata Dal (U) chief, Sharad Yadav, who passed away on Thursday, will be remembered for crucial legal battles he fought towards the end of his long political career - one challenging his disqualification from the Rajya Sabha, and the other challenging the Government’s order to vacate his official accommodation in New Delhi, allotted to him while he was a Member of Parliament. Of these, Yadav had raised interesting legal questions with regard to his disqualification, which...
Planning Criminal Law Amendments To Deal With Hate Speech : Centre Tells Supreme Court
On Friday, the Supreme Court was informed that the Centre has plans to bring in a comprehensive legislative amendments to the criminal laws to deal with the issue of hate speech.Additional Solicitor General KM Natraj revealed this development to a Bench of Justices KM Joseph and BV Nagarathna while it was hearing a batch of pleas seeking action against hate speech incidents.The following were...
'Woman Not A Chattel, Has Identity Of Her Own; Marriage Won't Take Away Her Identity' : Supreme Court Strikes Down Income Tax Provision
The Supreme Court held that excluding Sikkimese woman merely because she marries a non-Sikkimese after 01.04.2008 from exemption provision under Section 10(26AAA) Income Tax Act is is totally discriminatory and thus unconstitutional.A woman is not a chattel and has an identity of her own, and the mere factum of being married ought not to take away that identity, the bench of Justices M R Shah...
Disability Rights : Supreme Court Seeks Union's Affidavit On State-Wise Implementation Of Rights Of Persons With Disabilities Act
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha issued notice to the Union of India and the Ministry of Social Justice and Empowerment in a plea seeking enforcement of rights of persons with disabilities by constituting District Level Committees for each district to implement the Right of Persons with Disabilities Act 2016 [“RPwD Act”].The petitioner...
Making Law Commission Of India A Statutory Body Within Legislative Domain, Not Up To The Court: Supreme Court
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha on Friday denied BJP leader and Advocate Ashwini Upadhyay's prayer to make the 22nd Law Commission of India a statutory body on the ground that such a direction lied within the exclusive domain of the legislature. At the outset, CJI Chandrachud enquired Attorney General for India R Venkatramani about the...
Hate-Speech | 'Offending Anchors Must Be Taken Off Air; Media Should Not Create Division' : Supreme Court
While hearing a batch of petitions filed in relation to hate speech incidents, the Supreme Court on Friday expressed several concerns about the manner in which TV channels are functioning."Everything is driven by TRP. Channels are competing against each other. They sensationalise things, serve an agenda. You create divisions in society because of the visual element. The visual medium...
Supreme Court Annual Digest 2022- Labour Law
Bonded Labour System (Abolition) Act, 1976; Sections 16-17- For attracting the provision of Section 16 of the Act, the prosecution must establish that an accused has forced and compelled the victim to render bonded labour. This force and compulsion must be at the instance of the accused and the prosecution must establish the same beyond reasonable doubt. Similarly, under Section 17 of...
'How Long You'll Keep Him Inside?' : Supreme Court Grants Bail To Anand Rai, Vyapam Scam Whistleblower, Arrested By MP Police
The Supreme Court on Friday granted bail to Dr.Anand Rai, the whistleblower in the Vyapam scam, who was arrested in a case over alleged violence during a dharna.Rai was arrested on November 15, 2022. The trial judge refused him bail on November 17, 2022. The Madhya Pradesh High Court also dismissed his bail application on December 12, 2022, following which he approached the Supreme Court.A...
Don't Treat P&H HC Judgment Allowing Minor Muslim Girl To Marry As Precedent, Says Supreme Court
The Supreme Court on Friday stated that the judgment of the Punjab and Haryana High Court in the case Javed v. State of Haryana and Others, which held that a Muslim girl aged 15 years can enter into a legal and valid marriage as per personal law, should not be relied upon as a precedent in any other case.A bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha passed...
'Why 5 Months For FIR?' : Supreme Court Questions Delhi Police's Delay In Hate Speech Case Over Hindu Yuva Vahini Meet
The Supreme Court on Friday questioned the Delhi Police regarding its progress in the investigation in hate speech case over the Hindu Yuva Vahini event organised under the leadership of Sudarshan News TV editor Suresh Chavhanke in Delhi in December 2021.Noting that the FIR was filed five months after the incident and no chargesheet has been filed yet, a division bench comprising Chief Justice...
Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XXI
Q.101 Where, on receipt of a complaint alleging that commission of a cognizable offence, the Magistrate orders an investigation under Section 156 (3) Cr.P.C. is it not permissible for the SHO to refuse to register an FIR for the reason that he has no territorial jurisdiction to register an FIR and conduct investigation ?Ans. No. On receipt of a complaint for investigation under Section 156...