Have Theatres Passed On Benefit Of Entertainment Tax Exemption To Cinema Goers? Supreme Court Asks HC To Decide

The Supreme Court recently remitted back a matter to the Telangana High Court to consider whether private theatre owners who availed an exemption to pay entertainment tax in the State have granted the benefit to the movie goers or not.The Bench of Chief Justice DY Chandrachud, Justices P Narasimha and JB Pardiwala was considering a challenge against a judgement of the High Court passed...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index[February 13 – 19, 2023]

SUBJECT WISE INDEXAdultery"It is not as if this court approved of adultery": Supreme Court clarifies 'Joseph Shine' judgment that declared Section 497 IPC unconstitutional. Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117Armed Forces Personnel liable to face disciplinary action for adultery despite striking down of Section 497 IPC. Joseph Shine v. Union of India, 2023 LiveLaw...

Shiv Sena Case | How Can We Take Over Speaker's Functions? Supreme Court To Uddhav Side

The Constitution bench of the Supreme Court of India, while hearing the pleas concerning the Maharashtra Political Crisis expressed its concern over the court entering into the functioning of the speaker. In yesterday's proceedings, Senior Advocate Kapil Sibal, representing the Uddhav Thackeray faction, argued that members of the legislative assembly could not act independent of their...

Can State Human Rights Commission Examine Medical Negligence Case When NHRC Has Dismissed Same Complaint? Supreme Court To Consider

The Supreme Court has agreed to consider whether the State Human Rights Commission has the power to examine a case of criminal medical negligence when a contrary view was taken by the National Human Rights Commission.A Bench comprising Justice Hrishikesh Roy and Justice Sanjay Karol posted the matter after four weeks for hearing and asked the parties to complete their pleadings in...

Shiv Sena Crisis | Legislative Party Cannot Act Independent Of Political Party: Thackeray Faction To Supreme Court

The Supreme Court of India on Wednesday continued hearing the pleas concerning the constitutional issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups. The bench comprising CJI DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli, and Justice PS Narasimha heard the matter. Senior Advocate Kapil Sibal, representing...

In A Historic First, Supreme Court Officially Publishes Transcript Of Arguments

The Supreme Court has officially published the transcript of yesterday's arguments before the Constitution Bench in the Shiv Sena matter. The move came after the announcement of CJI DY Chandrachud that the Court has started using Artificial Intelligence to transcribe hearings on an experimental basis. It is for the first time that the Supreme Court is publishing the transcript of the...

Section 319 CrPC : Supreme Court Reiterates Procedural Safeguards To Prevent Misuse Of Power To Summon Additional Accused

The Supreme Court has observed that procedural safeguards can be put in place to prevent the frequent misuse of power to summon additional accused under Section 319 Code of Criminal Procedure, 1973. A Bench comprising Justice Surya Kant and Justice J.K. Maheshwari, while deciding a Criminal Appeal challenging the order of the Punjab and Haryana High Court that had allowed an application...

Supreme Court Grants Bail To Man Accused By UP ATS Of "Waging War Against India" Through Illegal Conversions

The Supreme Court on Wednesday granted bail to an accused named Irfan Shaikh who was arrested by the Anti-Terrorist Squad of the Uttar Pradesh police over allegations of illegally converting persons to Islam.Shaikh, a Central Government employee, is facing charges for conspiracy to wage war against India (Section 121A IPC) and offences under the UP Prohibition of Unlawful Conversion of...

Minority School Not Entitled To State Grant Towards Salary For Employee Retained Beyond Retirement Age : Supreme Court

The Supreme Court, on Tuesday, held that if an employee is continued in service by the management of any registered minority Secondary School receiving Grant-in-Aid from the State-Government, then such school would not be entitled to receive any grant in respect of the expenditure incurred for continuing such employee beyond the stipulated superannuation age. A Bench comprising Justice...

Shiv Sena Case : Supreme Court Issues Notice On Uddhav's Plea Against ECI Order, Refuses To Restrain Shinde Group Taking Over Offices & Accounts

The Supreme Court on Wednesday issued notice on a petition filed by Uddhav Thackeray challenging the decision of the Election Commission of India which recognized Eknath Shinde faction as the official Shiv Sena. A 3-judge bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala refused to stay the ECI order at this juncture.The bench however...

[BAIL] Questions & Answers By Justice V. Ramkumar-Cancellation Of Bail-PART-I

Q.1 Is there any specific provision in the Cr.P.C for cancellation of bail?Ans. No. But Section 437 (5) is the provision understood as the provision enabling a Magistrate for cancellation of bail granted by the Magistrate in respect of a non-bailable offence. Similarly, Section 439 (2) is the provision understood as locating the power of the Sessions Judge and the High Court for cancelling...

'Shameful, Nothing To Do With Christ's Teachings' : Supreme Court On Dispute Between Christian Groups

The Supreme Court on Tuesday expressed disquiet at the dispute between two Christian communities - London Missionary Society (LMS) and the CSI group of Christians. A Bench of Justices KM Joseph, BV Nagarathna and JB Pardiwala was hearing an SLP against a Madras High Court order passed in December, 2021 which dealt with the question of adverse possession of certain properties between LMS...