Supreme court
"Misadventurism" : Supreme Court Imposes Rs 50K Cost On Lawyers For Filing Petition To Allow Vehicles To Run Till End Of Registered Life
The Supreme Court recently dismissed a writ petition filed by two lawyers seeking to allow the vehicles to run till the end of their registered life in both diesel and petrol variants. Saddling the petitioners with a cost of Rs 50,000/- to be paid to Supreme Court Legal Services Authority, the bench of Justices LN Rao, BR Gavai and AS Bopanna in their order said, "We find...
Supreme Court Seeks Response Of National Institute Of Open Schooling On Plea To Lay Down Distance Criteria While Determining Exam Centres
A PIL has been filed before the Supreme Court seeking directions to the National Institute of Open Schooling (NIOS) to lay down the distance criteria while determining the Examination centre for NIOS Public Examinations.A bench comprising Justice Abdul Nazeer and Justice PS Narasimha on Tuesday orally asked for a response from NIOS with regard to the relief sought.Without issuing notice,...
Separate IGST On Indian Importers For Ocean Freight Against Concept Of "Composite Supply", Violates Section 8 CGST Act : Supreme Court
The Supreme Court has held when the Indian importer is liable to pay Integrated Goods and Services Tax (IGST) on the 'composite supply', which includes supply of goods and supply of services of transportation, insurance, etc. in a CIF contract, a separate levy on them for the 'supply of services' by the shipping line would be in violation of Section 8 of the CGST Act(Union of India...
Compassionate Appointments Must Be Decided Within Six Months Of Applications : Supreme Court
The Supreme Court, on Friday, opined that the applications for appointment on compassionate ground ought to be decided in a time bound manner and not beyond a period of six months from the date of submission of the completed applications. The Apex Court was apprehensive that if the applications are not decided expeditiously, then the whole purpose of such appointments would...
"We Don't Know Much About Cricket": Supreme Court Rejects Plea To Change BCCI Cut-Off Date For Domestic Tournaments
The Supreme Court on Tuesday refused to entertain a petition filed seeking directions to the Board of Control for Cricket in India (BCCI) to fix the cut-off date for eligibility in the 'domestic tournaments', as 1st April/May of every year, instead of 1st September.A bench comprising Justice Abdul Nazeer and Justice PS Narasimha however granted liberty to the petitioner to withdraw and...
Supreme Court Directs Jharkhand High Court To Decide First Maintainability Issue Of PILs Seeking CBI/ED Probe Against CM Hemant Soren
The Supreme Court on Tuesday directed the Jharkhand High Court to decide first the maintainability of three PILs seeking CBI/ED investigation against Jharkhand Chief Minister Hemant Soren in relation to grant of mining lease, allegations of MNREGA scam and transfer of money into shell companiesA vacation bench of Justices DY Chandrachud and Bela M Trivedi passed the order passed by the State...
Breaking: Qutab Minar Is Not A Place Of Worship, Existing Status Can't Be Altered: ASI Opposes Plea For Restoration Of Alleged Temples
In response to an appeal preferred before the Saket District Court in Delhi seeking restoration of 27 temples that were allegedly destructed to construct the Qutub Minar complex, the Archaeological Survey of India has stated that the existing status of the monument cannot be altered. While admitting that there are a number of sculptures existing within the Qutab Minar Complex,...
Civil Judges Selection : Supreme Court Sets Aside PSC's Rejection Of 8 Candidates For Not Producing Originals Of Certificates
The Supreme Court has set aside the decision of Bihar Public Service Commission to reject the applications of 8 candidates to the post of Civil Judge (Junior Division) on the ground that they had not produced the originals of their certificates at the time of interviews.A bench comprising Justices S Abdul Nazeer and Vikram Nath passed the order taking note of the fact that these candidates...
Supreme Court Quarterly Digest 2022- ARBITRATION (Jan - Mar)
Arbitration Act, 1940; Section 30, 33 - Scope of interference by courts - A Court does not sit in appeal over an Award passed by an Arbitrator and the only grounds on which it can be challenged are those that have been specified in Sections 30 and 33 of the Arbitration Act, namely, when there is an error on the face of the Award or when the learned Arbitrator has misconducted himself or...
"Joint Family" In DV Act Means Members Living Together As Family & Not As Understood In Hindu Law : Supreme Court
The Supreme Court in the recent judgment in the case Prabha Tyagi vs Kamlesh Devi has given an expanded meaning to the expression "joint family" used in Section 2(f) of the Protection of Women from Domestic Violence Act 2005.Section 2(f) of the Act defines "domestic relationship" as "a relationship between two persons who live or have, at any point of time, lived together in a shared...
Section 405 IPC - Offence Of Criminal Breach Of Trust Is Not Attracted If There Was Not Entrustment Of Property With Accused: Supreme Court
The Supreme Court observed that the offence of criminal breach of trust under Section 405 will not be attracted if there was no entrustment of the property with the accused.Sine qua non for attracting Section 405 IPC is the entrustment of the property with the accused persons, the bench comprising Justices Indira Banerjee and CT Ravikumar observed.M/s Ramkey Reclamation and Recycling...
SC Order Excluding Period From 15.03.2020 Till 28.02.2022 Applicable To Limitation Prescribed Under Commercial Courts Act Also: Supreme Court
The Supreme Court observed that its order excluding the period from 15.03.2020 till 28.02.2022 for the purposes of limitation is applicable with respect to the limitation prescribed under the Commercial Courts Act, 2015 also.In this case, the Trial Court, refused to condone the delay in filing the written statement by the defendants. The Bombay High Court, dismissing the petition challenging...