Supreme court
Article 227 - High Court Cannot Go Deep Into Factual Issues Like An Appellate Body : Supreme Court
The Supreme Court, in a judgment delivered on 23rd February, held that the High Court while exercise powers of a supervisory Court under Article 227 of the Constitution of India cannot act as an appellate body to re-appreciate evidence.The High Court, under Article 227, can interfere with the decisions of a fact-finding forum only when its findings are perverse i.e. Erroneous on account...
Arbitrator's Fees : Supreme Court To Hear Issues Relating To 4th Schedule Of Arbitration Act
The Supreme Court has decided to consider the legal questions pertaining to the fee scale for arbitrators under the Fourth Schedule of the Arbitration & Conciliation Act, 1996Different cases relating to the interpretation of the Fourth Schedule are pending before different Benches of the Supreme Court.Last week, while arguing an arbitration petition filed by Oil and Natural Gas...
'She Is Not A Female' : Husband Moves Supreme Court Seeking Cheating Case Against Wife
The Supreme Court on Friday(March 11) issued notice in a petition moved by a husband seeking a cheating case against his wife for allegedly concealing the fact that she was physiologically not a female at the time of marriage.The husband contended that his wife is not a female due to presence of a Penis and an Imperforate Hymen, and the concealment of this fact from him amounts to the offence...
Banks Exempted From Deducting Tax At Source While Paying Interest To Statutory Corporations : Supreme Court Reiterates
The Supreme Court has reiterated that Banks are exempted from the mandate of Section 194A of the Income Tax Act, 1961, to deduct tax at the source (TDS), on payment of interest to corporations established by a statute. In the facts of the present case, the Apex Court held that in terms of the notification dated 22.10.2022 issued by the Central Government, the Union Bank of...
Supreme Court Seeks Patna High Court's Response To Suggestions To Reduce Pendency Of Bihar Prohibition Act Cases
The Supreme Court, while dealing with a writ petition[1] relating to the delayed listing of a bail application in the Patna High Court, has asked the High Court to consider the feasibility of implementing suggestions made to reduce the pendency of the cases under the Bihar Prohibition and Excise Act.The suggestions were made by Advocate Shoeb Alam, the counsel appearing for...
Section 276 Indian Succession Act - Letters Of Administration Can Be Revoked If all Legal Heirs Were Not Made Parties: Supreme Court
The Supreme Court has held that Letters of Administration can be revoked on the ground that all the legal heirs were not impleaded in the petition under Section 276 of the Indian Succession Act for the grant of Letters of Administration with Will annexed.In this case, the High Court allowed an application for revocation of the Letters of Administration on the ...
Section 138 NI Act - Complainant Not Expected To Initially Give Evidence Of Financial Capacity Unless Accused Disputes It In Reply Notice : Supreme Court
The Supreme Court observed that it cannot be expected of a complainant to initially lead evidence to show that he had financial capacity unless such a case was set up in the reply notice by the accused.However, the accused has the right to demonstrate that the complainant in a particular case did not have the financial capacity by producing independent materials, namely, by examining...
Supreme Court To Examine Whether Laundry Business Comes Within The Ambit Of The Factories Act, 1948
The Supreme Court on Friday agreed to hear a plea wherein the substratum of the issue was whether establishment of the respondent conducting laundry business falls squarely within the definitions of 'factory' under Section 2(m) and 'manufacturing process' under Section 2(k) of the Factories Act, 1948. A Bench comprising Justices L.Nageswara Rao and B.R. Gavai issued notice, but was...
'Vacancies Remain;Time Has Come To Declare Tribunals Defunct': Supreme Court To Centre In Delhi Gymkhana Club Case
The Supreme Court on Friday again pulled up the Central Government over the unfilled vacancies in Tribunals and went to the extent of orally remarking that time had come to declare the tribunals as defunct."Look at the vacancies. There are no officers to man the tribunal. Mr Solicitor General, names are recommended, why they are not cleared is not known to anyone?. Vacancies remain. Look at...
Compassionate Appointments Restricted To Class III/IV(Group C/D) Posts : Supreme Court Pulls Up TN Govt Over Group B Appointments
The Court said that it was "unpardonable" that the Tamil Nadu Government made compassionate appointments to Group B posts violating a 1994 judgment which restricted them to Group C/D Posts