Supreme court
Murder Trial - Supreme Court Applies "Sustained Provocation Principle"; Gravity Of "Provocation" Can Be Assessed Based On History Of Abuse
The Supreme Court observed that, for the purpose of Exception 1 of Section 300 IPC, the last provocation has to be considered in light of the previous provocative acts or words, serious enough to cause the accused to lose his self-control.The bench comprising Justices Sanjiv Khanna and Bela M. Trivedi also clarified that this principle does not do away with the requirement of immediate or...
Uddhav vs Shinde : Defection Or Inner Party Dissent? Supreme Court Hears Preliminary Arguments
The Supreme Court on Wednesday heard the preliminary arguments in the cases relating to dispute between Uddhav Thackeray and Eknath Shinde arising out of the rift within the Shiv Sena political party.After hearing the senior lawyers appearing for both sides for over an hour, the bench adjourned the hearing till tomorrow morning, asking Senior Advocate Harish Salve...
Former IPS Officer Sanjiv Bhatt Withdraws Plea In Supreme Court For Sentence Suspension In Custodial Death Case
The Supreme Court on Wednesday dismissed as withdrawn former IPS officer Sanjiv Bhatt's plea seeking suspension of sentence in the 1990 custodial death case in view of the Gujarat High Court now hearing his appeal against the conviction.When the matter was taken today, Senior Advocate Kapil Sibal, appearing for Bhatt, submitted that the petition is being withdrawn as the Gujarat High Court...
Maharashtra Politics- Shiv Sena Vs Shiv Sena- Supreme Court Hearing- LIVE UPDATES
The Supreme Court on Wednesday heard the preliminary arguments in the cases relating to dispute between Uddhav Thackeray and Eknath Shinde arising out of the rift within the Shiv Sena political party.After hearing the senior lawyers appearing for both sides for over an hour, the bench adjourned the hearing till tomorrow morning, asking Senior Advocate Harish Salve (who appeared for Eknath...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (July 25 - July 31, 2022)
Carriage by Air Act, 1972; Rule 30 - Limitation Act, 1963; Section 29(2) - Rule 30 expressly excludes the Limitation Act as provided in Section 29 - Rule 30 (2) does not enable applicability of exclusion of periods for the purpose of reckoning the period of two years. (Para 43) Bhagwandas B. Ramchandani v. British Airways, 2022 LiveLaw (SC) 645 Child Custody - The question 'what is...
Law Graduates Who Pursue Jobs Unconnected To Legal Field For More Than 5 Yrs Will Have To Re-Appear For AIBE: BCI Tells Supreme Court
The Bar Council of India has decided that law graduates who remain in employment for more than 5 years, having no connection/relationship with legal or judicial matters, and seek to re-join the legal profession, will be required to clear AIBE again. In an affidavit filed before the Supreme Court, the BCI said: "If a person remains in service having no connection/relationship with...
Can Permit Law Graduates In Other Jobs To Provisionally Enrol As Advocates On Undertaking To Resign In 6 Months After Clearing AIBE: BCI Tells SC
The Bar Council of India has passed a resolution, granting a 6-months window to law graduates to quit their jobs after declaration of result of the All India Bar Examination for enrollment as an Advocate. A resolution to this effect was passed by the statutory body in light of the Supreme Court accepting the suggestion that persons engaged in other employments can be permitted...
Service Tax On Composite Works Contracts Not Leviable Prior To 2007 Amendment To Finance Act 1994 : Supreme Court
The Supreme Court, on Tuesday, held that service tax could not be levied on composite works contracts prior to the introduction of the Finance Act, 2007, which by amending the Finance Act, 1994 had introduced Section 65(105)(zzzza) defining works contracts. The Apex Court noted that in the absence of a charging section and the modalities to levy and assess, service tax...
Advise States To Implement Digital DIN System : Supreme Court To Centre & GST Council
The Supreme Court has directed the GST Council to issue advisory / instructions / recommendations to the respective States regarding implementation of the system of electronic (digital) generation of a Document Identification Number (DIN) in the indirect tax administration.The bench comprising Justices MR Shah and BV Nagarathna observed that the system, which is already being implemented by...
'UGC Regulations Subject To Central Govt Directions' : Supreme Court Dismisses Plea To Raise College Teachers' Retirement Age As 65 Yrs
The Supreme Court on Tuesday dismissed an appeal which sought a direction to enhance the retirement age of college teachers as 65 years in State of Kerala as per a recommendation made by the University Grants Commission in 2010(Dr J Vijayan and others vs State of Kerala and others).A bench comprising Justices Indira Banerjee and Justice JK Maheshwari affirmed the view taken by the Kerala...