Another Supreme Court Judge Recuses From Hearing Border Dispute Between Maharashtra and Karnataka

On Wednesday, Supreme Court Judge, Justice Aravind Kumar, who hails from Karnataka, recused from hearing the suit pertaining to the border dispute between the States of Maharashtra and Karnataka.The matter was listed before a Bench comprising Justice SK Kaul, Justice Ahsanuddin Amanullah and Justice Aravind Kumar. The matter was listed before a Bench comprising Justice SK Kaul, Justice...

Same Activity Can Be Taxed As ‘Goods’ & ‘Services’ : Supreme Court Upholds Levy Of Service Tax On “Engineering Design & Drawings”

The Supreme Court has held that the import of “Engineering Design & Drawings” falls under the category of “design services” under section 65(35b) read with Section 65(105) (zzzzd) of the Finance Act, 1994, and are subject to levy of service tax. On the sole ground that “Engineering Design & Drawings” prepared and supplied by sister company were shown as ‘goods’ under...

Accused Not Entitled To Default Bail When First Extension(Passed In Absence Of Accused) Wasn't Challenged & Second Extension Was Passed In His Presence : Supreme Court

The Supreme Court held that an accused cannot claim the benefit of default bail, when he did not challenge the first extension of time granted for investigation and the second extension was granted in his presence and when the chargesheet was subsequently filed within the period of extension.The division bench of Justice M. R. Shah and Justice C. T. Ravikumar noted:“Therefore, in the...

Govt Employees Can't Be Denied Annual Increment Merely Because They Retired The Next Day Of Earning It : Supreme Court

In a significant judgment, the Supreme Court has held that government employees cannot be denied the annual increment merely because they are to retire on the very next day of earning the increment.A bench comprising Justices MR Shah and CT Ravikumar was deciding the issue "whether an employee who has earned the annual increment is entitled to the same despite the fact that he has retired on...

Supreme Court Criminal Digest- March 2023

Bail - All prosecuting agencies / State Governments / UTs should issue directions to the Public Prosecutors so that neither in pleadings nor in arguments, is a stand taken contrary to the legal position enunciated by this Court. The circulation in this behalf should be made through the Director of Prosecution and training programmes be organized to keep on updating the Prosecutors in this...

After-Notice Transfer Petitions To Be Listed Before Single Benches Also : Supreme Court Circular

The Supreme Court on Wednesday issued a circular stating that from now onwards, after-notice transfer petitions will also be listed before single judge benches, besides division benches. However, fresh transfer petitions will continue to be listed before single benches."It is hereby notified for information of the Members of the Bar, Party-in persons' and all concerned that the...

Regularisation Of Services | In The Absence Of Sanctioned Post, Govt Can't Be Compelled To Create Posts & Absorb Those In Service : Supreme Court

The Supreme Court, recently, reiterated that in absence of sanctioned posts, the State cannot be compelled to create posts and absorb people who are continuing in service of the State. It noted that Courts cannot direct for creation of posts. A Bench comprising Justice Ajay Rastogi and Justice Bela M. Trivedi was deciding a case pertaining to reinstatement and regularisation of members of...

ED Conducting ‘Fishing’ Enquiries To Implicate People in Money Laundering Cases: Senior Advocate C Aryama Sundaram

Senior Advocate C Aryama Sundaram alleged that the Directorate of Enforcement was conducting ‘fishing’ enquiries to implicate people in money laundering cases. He said: “The Enforcement Directorate proceeds under the Prevention of Money Laundering Act as though it is conducting a fishing expedition. This act cannot be invoked on basis of surmise. Summons cannot be issued under...

NJAC Dissent Never Suggested Handing Over Selection Of Judges To The Executive, I Know The Dangers Of It : Justice Chelameswar

Justice J Chelameswar, former Supreme Court Judge, said that in his dissenting judgment in the NJAC (National Judicial Appointments Commission) case, he never suggested the handing over of the selection of judges to the executive.“I know the dangers of it more than anyone else”, the former Apex Court Judge said in this regard. He was speaking on the topic "Is Collegium Alien To...

Preventive Detention Law A Colonial Legacy, Confers Arbitrary Power; Every Procedural Lapse Must Benefit Detenue's Case : Supreme Court

While setting aside a preventive detention order, the Supreme Court observed that such laws in India are a colonial legacy and have great potential for abuse and misuse. The Court emphasized that laws conferring arbitrary powers to the state must be critically examined and used only in the rarest of rare cases.A Bench of Justice Krishna Murari and Justice V. Ramasubramanian said that,...

High Court Cannot Quash Criminal Proceedings At Section 482 CrPC Stage By Saying Charges Aren't Proved : Supreme Court

The Supreme Court has reiterated that a High Court cannot conduct a "mini trial" while exercising powers under Section 482 of the Code of Criminal Procedure. "At the stage of discharge and/or while exercising the powers under Section 482 Cr.P.C., the Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against...

Income Tax Act | For A Company To Be A "Resident" In India, Domicile Or Registration Irrelevant; Test Is Where De Facto Control Lies : Supreme Court

The Supreme Court has ruled that under the Income Tax Act, 1961, the domicile or the registration of the company is not at all relevant, and the determinate test is the place where, the sole right to manage the company and the control of the company lies. The place where the “head and seat” and the “directing power” of the affairs of the company and the control and management is...