100 Important Supreme Court Judgments Of 2024 - Part 4 [76-100]

Part 1 can be read here. Part 2 can be read here. Part 3 can be read here.76. District Judge Selection | HC's Full Court Resolution Can't Introduce Cut-Off For Interview Against Rules : Supreme CourtCase Details: Salam Samarjeet Singh v. High Court of Manipur at Imphal | Writ Petition (Civil) No. 294/2015Citation: 2024 LiveLaw (SC) 636After a legal battle of nine years, a District Judge aspirant got relief as the Supreme Court recently held him eligible for appointment after invalidating the decision of the Manipur High Court to prescribe minimum cut-off marks for interview. A bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia and SVN Bhatti noted that the relevant statutory rule governing the recruitment of District Judges, the Manipur Judicial Service Rules, 2005, did not provide for a separate cut-off for interview. Hence, such a requirement could not have been introduced through a Full Court resolution without amending the rules. Also, the requirement of a separate cut-off for the interview was not specified in the advertisement and was introduced only after the written test, that too without intimating the candidates.77. Sale of Lottery By State Not Service; Lottery Wholesalers Not Liable To Service Tax : Supreme CourtCase Details: K. Arumugam v. Union of India & Others Etc., Civil Appeal Nos.2842-2848 of 2012 (and connected matters)Citation: 2024 LiveLaw (SC) 639The sale of lottery tickets by a State Government is not a service but an activity to earn additional revenue, observed the Supreme Court. Hence, the wholesale lottery purchasers are not promoting or marketing any service rendered by the State so as to attract service tax liability under the head "business auxiliary service."The appellants before the Supreme Court were wholesale lottery purchasers, who bulk purchase lotteries from the State at a discount and sell them to retailers on a margin. The issue before the Court was whether the lottery wholesalers were liable to pay service tax under the heading 'business auxiliary service' in terms of the provisions of the Finance Act, 1994. The tax authorities contended that the activity of the appellants amounted to "promotion or marketing of services provided by the client" which comes under the head "business auxiliary service" as per Section 65(19) of the Finance Act 1994.78. High Court Chief Justice Cannot Individually Reconsider Judges' Appointment, Must Be Collectively Done By Collegium : Supreme CourtCase Details: Chirag Bhanu Singh v. State of Himachal PradeshCitation: 2024 LiveLaw (SC) 664While directing the Himachal Pradesh High Court Collegium to reconsider the elevation of two District Judges, the Supreme Court held that the Chief Justice of a High Court cannot individually reconsider a recommendation.The Court reiterated that the decision has to be taken collectively by the Collegium (comprising CJ and two senior judges) after deliberations."The process of judicial appointments to a superior court is not the prerogative of a single individual. Instead, it is a collaborative and participatory process involving all Collegium members.The underlying principle is that the process of appointment of judges must reflect the collective wisdom that draws from diverse perspectives. Such a process ensures that principles of transparency and accountability are maintained," observed the bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra.79. Supreme Court: PMLA Takes Precedence Over CrPC in Summoning ProcedureCase Details: Abhishek Banerjee and Anr. v. Directorate of Enforcement, Crl.A. No. 2221-2222/2023Citation: 2024 LiveLaw (SC) 674The provisions of the Prevention of Money Laundering Act (PMLA), 2002, will prevail over the Code of Criminal Procedure, 1973 (CrPC) in relation to the summoning of a person, held the Supreme Court in the judgment dismissing the appeals of Trinamool Congress MP Abhishek Banerjee and his wife Rujira Banerjee challenging the summons issued by the Enforcement Directorate for their appearance in Delhi in connection with a coal scam case.80. Accused In Custody Can Seek Anticipatory Bail For Another Case : Supreme CourtCase Details: Dhanraj Aswani v. Amar S. Mulchandani and Anr. Diary No. - 51276/2023Citation: 2024 LiveLaw (SC) 675The Supreme Court held that an accused already in custody in connection with one case can apply for anticipatory bail in connection with another case.A bench comprising Chief Justice of India, Justice JB Pardiwala and Manoj Misra delivered the judgment in a case which raised the legal issue whether anticipatory bail can be granted when the accused is arrested in another case.81. Supreme Court Dismisses Plea To Stop India's Military Exports To Isreal Amidst Gaza ConflictCase Details: Ashok Kumar Sharma & Ors v. Union of India, WP (C) No 551 of 2024Citation: 2024 LiveLaw (SC) 678The Supreme Court dismissed a petition seeking the suspension of military exports from India to Israel amidst the ongoing war against Gaza.The Court...

100 Important Supreme Court Judgments Of 2024 - Part 4 [76-100]

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