Supreme court
License To Use Software Is "Deemed Sale";Service Tax Not Leviable On Ground That Updates Are Provided : Supreme Court In QuickHeal's Case
The Supreme Court has dismissed the appeals filed by the Commissioner of Service Tax seeking to levy service tax to the tune of over Rs 56 crores on Quick Heal Technologies Ltd for its sale of anti-virus software during the period 2012-2014.The Court held that the sale of software in CDs/DVDs is a sale of goods and once sales tax has been paid on the sale consideration, service tax is...
Supreme Court Refuses To Entertain Plea To Take Disciplinary Action Against A Lawyer; Asks Petitioner To Approach Bar Council
The Supreme Court on Friday granted liberty to withdraw a petition which sought to direct the Bar Council of India to initiate disciplinary proceedings against a senior advocate for professional misconduct under the Advocates Act, 1961.A Bench of Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia granted liberty to withdraw the matter. During the hearing, the bench asked the petitioners,...
Endosulfan Tragedy| All Applicants Paid Compensation Except Those Whose Legal Heirs Are In Dispute: Kerala Govt Tells Supreme Court
While hearing a contempt plea preferred by victims of Endosulfan alleging failure on the part of State of Kerala to disburse 5 lakhs compensation, the Supreme Court, on Friday, was apprised by Senior Advocate, Mr. Jaideep Gupta appearing for the State of Kerala, that all applicants other than the 14 applicants, in whose case there is some dispute amongst the legal heirs, have been...
Adoption Process Tedious In India, Precluding People From Adopting : Supreme Court Tells Centre
The Supreme Court, on Friday, adjourned the hearing of the petition seeking simplification in the process of adoption in India. Additional Solicitor General, Mr. K.M. Nataraj apprised a Bench comprising Justices D.Y. Chandrachud and J.B. Pardiwala that he had not received the petition. The Bench asked the petitioner-in-person to handover a copy to him. As a preliminary objection,...
Supreme Court Directs Delhi Police Commissioner To Ensure Recovery Of Rs 10 Lakh Cost Imposed On Petitioner Who Challenged CJI Dipak Misra's Appointment
The Supreme Court, on Friday, stated that the Commissioner of Delhi Police shall take necessary steps to ensure that the cost of INR 10 lakhs imposed on one Mukesh Jain, who, along with one late Swami Om Ji(a self proclaimed godman), had pursued a frivolous litigation assailing the existing procedure adopted for the appointment of Chief Justice of India (CJI), be recovered as arrears of...
Can One State Ban Goods From Another State In Federal Structure? Supreme Court Asks In Lottery Ban Case
While hearing a suit filed by the State of Meghalaya, seeking to sell their lottery outside their own state, the Supreme Court orally asked whether a state banning goods from another state was permissible in a federal structure. The context of the suit is that as per Section 5 of the Lotteries (Regulation) Act 1998, the Central Government authorised State Governments to prohibit the sale...
CJI NV Ramana Receives Doctor Of Law Degree From Osmania University
The Osmania University on Friday conferred Chief Justice of India NV Ramana with the Doctor of Laws (Honoris Causa) degree. CJI Ramana received the degree certificate from the University Chancellor and Telangana Governor Dr.Tamilisai Soundararajan and Vice-Chancellor Professor D Ravinder.CJI Ramana also delivered an address during the convocation ceremony of the University at Hyderabad. In...
Plea Seeking To Stop Alleged Attacks Against Christians : Supreme Court To Hear On August 16
In a plea seeking directions to stop the alleged attack against Christian communities and their institutions in the country, at the request of the Solicitor General, the Supreme Court, on Friday, adjourned the matter allowing him to file a short response. A Bench comprising Justices D.Y. Chandrachud and J.B. Pardiwala clarified that it will not get into the enquiry of individual cases....
Unmarried Woman's Right To Seek Abortion : Supreme Court Posts Matter For Hearing On August 10; Seeks Union's Views
In a plea filed by a 25 year old unmarried woman seeking medical termination of her 24 week pregnancy, the Supreme Court, on Friday, reflected on ways to extend the benefit of Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, to unmarried women so that they can also seek medical termination of pregnancy which exceeds the period of 20 weeks but does not not exceed...
Frivolous Criminal Actions Against Large Corporations May Give Rise To Adverse Economic Consequences For Country: Supreme Court In Reliance vs SEBI
The Supreme Court of India held that initiation of criminal action in commercial transactions, should take place with a lot of circumspection. The bench stated that initiating frivolous criminal actions against large corporations would give rise to adverse economic consequences for India in the long run. Thus, it was opined that the Regulator must be cautious in initiating such an action...
Supreme Court Monthly Criminal Digest July 2022
Bail - Economic Offences - The gravity of the offence, the object of the Special Act, and the attending circumstances are a few of the factors to be taken note of, along with the period of sentence. After all, an economic offence cannot be classified as such, as it may involve various activities and may differ from one case to another - It is not advisable on the part of the court...