Supreme court
Supreme Court Rejects Plea For Delimitation In AP & Telangana To Increase Assembly Seats, Says Comparison With J&K Baseless
The Supreme Court today dismissed a plea seeking directions for the Union to set in motion the delimitation process for increasing the number of assembly seats in the States of Andhra Pradesh and Telangana.A bench of Justices Surya Kant and N Kotiswar Singh delivered the judgment, after having reserved orders on April 30 in the writ petition filed by Professor (Dr.) K. Purushottam...
Foreign Entity Doing Business Through Temporary Premises In India Liable To Tax : Supreme Court Rejects Hyatt International's Appeal
The Supreme Court on Thursday (July 24) ruled that the existence of a Permanent Establishment (PE) is sufficient to attract tax liability for a foreign entity in India, even in the absence of exclusive possession of a fixed place of business. The Court clarified that temporary or shared use of premises, when combined with administrative or operational control, is adequate to establish a...
S.482 CrPC | Second Quashing Petition On Grounds Available Earlier Not Maintainable : Supreme Court
Observing that the principle of constructive res judicata applies to quashing petition under Section 482 Cr.P.C., the Supreme Court yesterday (July 23) ruled that a second quashing petition cannot be filed on grounds available but not argued in the earlier petition. The Court reiterated that the second petition would be maintainable only when it is shown that a change arose in...
Doctrine Of Merger Inapplicable To Orders Obtained By Fraud : Supreme Court Outlines Exceptions To Merger Rule
The Supreme Court (July 23) held that if a High Court's decision, later upheld by the Supreme Court, was obtained by fraud, the aggrieved party may challenge it by filing an appeal against the High Court's order before the Supreme Court, rather than seeking a review of the Supreme Court's judgment. The Court held that the doctrine of merger (where the lower court's decision merges with...
'Fraud Unravels Everything': Supreme Court Recalls Its Own Order Obtained By Fraud Back In 2022
In a significant ruling, the Supreme Court today (July 23) held that any judgment or order obtained by fraud is a nullity and can be challenged even in collateral proceedings, without necessarily being assailed in appeal, revision, or writ proceedings.A bench comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan applied this principle to set aside its own 2022 judgment delivered...
'Castigating Lawyers Over Small Mistake May Affect Their Career': Supreme Court On Action Against AoR & Advocate For Filing Misconduct
The Supreme Court today (July 23) held that lawyers should not be castigated for small mistakes as that may affect their career detrimentally.The bench of CJI BR Gavai and Justices K Vinod Chandran and Joymalya Bagchi was hearing the issue arising from a split verdict by another bench of the Supreme Court. "We are also of a considered view that for a small mistake, lawyers shouldn't...
No Arrest In 498A FIRs For 2 Months; Refer Cases To Family Welfare Committees : Supreme Court Endorses Allahabad HC Guidelines
The Supreme Court today (July 22) endorsed the safeguards laid down by the Allahabad High Court regarding the establishment of the Family Welfare Committee (“FWC”) to prevent the misuse of Section 498A IPC(cruelty offence) in matrimonial disputes.The Court directed that the guidelines framed by the High Court will remain in effect and should be implemented by the authorities.A...
Supreme Court Orders IPS Wife & Her Parents To Issue Public Apology To Husband & In-Laws For False Criminal Cases
The Supreme Court today (July 22) ordered an IPS officer and her parents to issue an unconditional public apology to her ex-husband, and his family for the "physical and mental trauma" caused by multiple criminal cases filed against them during their matrimonial dispute. The Court noted that the husband was jailed for 109 days and his father for 103 days as a result of the criminal cases...
Registered Will Carries Presumption Of Genuineness; Burden Of Proof On Party Disputing Its Validity : Supreme Court
The Supreme Court on Monday (July 21) reiterated that a registered 'Will' carries a presumption of due execution and genuineness, and the burden of proof lies heavily on the party challenging the Will. Holding so, the bench comprising Justice Vikram Nath and Justice Sandeep Mehta set aside the Andhra Pradesh High Court's decision judgment that had reduced the Appellant/Lasum Bai's share in...
