Supreme court
Supreme Court Issues Notice On Plea Challenging 18% GST On Mining Operations
The Supreme Court on Tuesday issued notice on two writ petitions challenging the October 6 circular through which the government of India has clarified that GST is applicable on services by way of grant of mineral exploration and mining rights at the rate of 18%.The writ petitions are filed by a group of firms involved in mining and crushing operations. The bench of Justices D. Y....
'Forum Shopping Cannot Be Approved; A Ground To Refuse Relief' : Supreme Court Sets Aside Interim Bail
While setting aside an interim bail granted by the High Court in a MCOCA case, the Supreme Court observed that "forum shopping" can also be a ground to refuse relief.The accused was facing offences under the Maharashtra Control of Organized Crimes Act(MCOCA) and various IPC offences. He was refused bail by the Special Judge/MCOCA and also the single judge of the Bombay High Court. After that,...
Gujarat Riots- "If You Stoke The Fire, The Pot Will Boil.": Kapil Sibal In Response To SIT And States's Critique Of Petitioner's "Attempt To Keep The Pot Boiling"
On Tuesday, the Supreme Court heard the closing arguments of the Solicitor General, Mr. Tushar Mehta on behalf of the State of Gujarat, defending the proactive measures taken by the State in the aftermath of the Godhra massacre. This was followed by the submissions made by Senior Advocate, Mr. Kapil Sibal appearing on behalf of Zakia Jafri, who has approached the Apex Court assailing...
Sec 120B IPC - Not Safe To Convict A Person For Criminal Conspiracy In Absence Of Evidence Showing Meeting Of Minds : Supreme Court
The Supreme Court has observed that in absence of any evidence to show meeting of minds between the conspirators for the intended object of committing an illegal act, it is not safe to hold a person guilty for offences under Section 120-B of IPC.The bench of Justices R Subhash Reddy and Hrishikesh Roy was considering a criminal appeal against the judgement dated March 17, 2020, passed by...
NCDRC Can Direct Deposit Of Entire Or More Than 50% Of Amount Determined By SCDRC For Stay : Supreme Court
In a significant judgment on the Consumer Protection Act 2019, the Supreme Court on Tuesday held that the National Consumer Disputes Redressal Commission(NCDRC) can direct the deposit of the entire amount or more than 50% of the amount determined by the State Consumer Disputes Redressal Commission for conditional stay.The Court added that however to pass such an order, the NCDRC has to pass...
Kerala Abkari Act-Whether Conviction Sustainable When Independent Witnesses To Search Turned Hostile: Supreme Court To Examine
The Supreme Court recently agreed to examine whether conviction under Kerala Abkari Act ("Act") was sustainable when independent witnesses to search turned hostile.The bench of Justices Ajay Rastogi and AS Oka issued notice in the special leave petition assailing Kerala High Court's order dated June 11, 2021 ("impugned order").In the impugned order, the High Court bench of Justice K Haripal...
'Chargesheet Filed In 2018, Trial Not Commenced' : Supreme Court Grants Bail To Syrian National In NDPS Case
The Supreme Court on Tuesday granted bail to a 23 year old Syrian national staying in Delhi who was in custody since September 27, 2018 for his alleged involvement in trafficking of commercial quantities of contraband i.e. 50 kgs 800 gms.Considering that although the charge sheet was filed in 2018 but no trial had commenced, the bench of Justices SK Kaul and MM Sundresh granted bail.The bench...
Registration Of Document Subject To Adjudication Of Parties' Rights By Civil Court : Supreme Court
The Supreme Court has reiterated that the registration of a document is always subject to the adjudication of the rights of the parties by the competent civil court."It is settled legal position that registration of document is always subject to adjudication of rights of the parties by the competent civil court", observed a bench comprising Justices R Subhash Reddy and Hrishikesh...
Supreme Court Directs States(Except Maharashtra) To Fill Up Consumer Commission Vacancies By End Of January 2022
The Supreme Court on December 1, 2021 issued a slew of directions in the suo-motu case to deal with the vacancies in Consumer Commissions across the country.The bench of Justices SK Kaul and MM Sundresh made the following observations with regards to the Vacancy Position, Infrastructure and Staff Vacancies.Vacancy PositionThe bench after considering the comprehensive status report in respect...
Supreme Court Rejects Aircel Founder Sivasankaran's Claims Of Diplomatic Immunity
The Supreme Court on Thursday rejected the plea of diplomatic immunity raised by Aircel founder C Sivasankaran to resist the prosecution in money laundering cases in India.A bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar dismissed the writ petition filed in 2019 by Sivasankaran, who claimed that he was an Ambassador of the Republic of Seychelles.The bench noted...
Rajiv Gandhi Assassination Case : 'I'm In Jail For 30 Years, Governor's Decision Must Be Placed On Record', Perarivalan Tells Supreme Court
The counsel for AG Perarivalan, who is serving life sentence in the Rajiv Gandhi assassination case, told the Supreme Court on Tuesday that the decision taken by the Tamil Nadu Governor on the recommendation made by the State Government to release him from prison must be placed on record.The Supreme Court today adjourned the plea filed by AG Perarivalan seeking release from the prison based...
Kolkata Municipal Elections : BJP Moves Supreme Court Alleging Violence By Trinamool Congress Members; Seeks Deployment Of Central Forces
The Bhartiya Janta Party has moved the Supreme Court of India seeking directions to the State Functionaries in West Bengal to produce a comprehensive action plan and deploy sufficient Central Police forces to ensure that free and fair Municipal Elections are held in Kolkata.A request for urgent listing of the case was made on Tuesday by Senior Advocate Menaka Guruswamy before a Bench...