Top Stories
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (July 25 - July 31, 2022)
Carriage by Air Act, 1972; Rule 30 - Limitation Act, 1963; Section 29(2) - Rule 30 expressly excludes the Limitation Act as provided in Section 29 - Rule 30 (2) does not enable applicability of exclusion of periods for the purpose of reckoning the period of two years. (Para 43) Bhagwandas B. Ramchandani v. British Airways, 2022 LiveLaw (SC) 645 Child Custody - The question 'what is...
Law Graduates Who Pursue Jobs Unconnected To Legal Field For More Than 5 Yrs Will Have To Re-Appear For AIBE: BCI Tells Supreme Court
The Bar Council of India has decided that law graduates who remain in employment for more than 5 years, having no connection/relationship with legal or judicial matters, and seek to re-join the legal profession, will be required to clear AIBE again. In an affidavit filed before the Supreme Court, the BCI said: "If a person remains in service having no connection/relationship with...
Can Permit Law Graduates In Other Jobs To Provisionally Enrol As Advocates On Undertaking To Resign In 6 Months After Clearing AIBE: BCI Tells SC
The Bar Council of India has passed a resolution, granting a 6-months window to law graduates to quit their jobs after declaration of result of the All India Bar Examination for enrollment as an Advocate. A resolution to this effect was passed by the statutory body in light of the Supreme Court accepting the suggestion that persons engaged in other employments can be permitted...
Service Tax On Composite Works Contracts Not Leviable Prior To 2007 Amendment To Finance Act 1994 : Supreme Court
The Supreme Court, on Tuesday, held that service tax could not be levied on composite works contracts prior to the introduction of the Finance Act, 2007, which by amending the Finance Act, 1994 had introduced Section 65(105)(zzzza) defining works contracts. The Apex Court noted that in the absence of a charging section and the modalities to levy and assess, service tax...
Advise States To Implement Digital DIN System : Supreme Court To Centre & GST Council
The Supreme Court has directed the GST Council to issue advisory / instructions / recommendations to the respective States regarding implementation of the system of electronic (digital) generation of a Document Identification Number (DIN) in the indirect tax administration.The bench comprising Justices MR Shah and BV Nagarathna observed that the system, which is already being implemented by...
'UGC Regulations Subject To Central Govt Directions' : Supreme Court Dismisses Plea To Raise College Teachers' Retirement Age As 65 Yrs
The Supreme Court on Tuesday dismissed an appeal which sought a direction to enhance the retirement age of college teachers as 65 years in State of Kerala as per a recommendation made by the University Grants Commission in 2010(Dr J Vijayan and others vs State of Kerala and others).A bench comprising Justices Indira Banerjee and Justice JK Maheshwari affirmed the view taken by the Kerala...
Section 482 CrPC - Interim Reliefs/Stay Of Investigation Can Be Granted Only In The Rarest Of Rare Cases : Supreme Court
The Supreme Court reiterated that a High Court while exercising powers under Section 482 CrPC, can grant stay of investigation or any other interim relief only in the rarest of rare cases. The bench observed thus while setting aside orders passed by Gujarat High Court while considering petitions filed under Section 482 CrPC read with Article 226 of the Constitution granting interim...
Right To Cross Examination Cannot Be Denied To Accused For Failure To Deposit Interim Compensation U/Sec 143A NI Act: Supreme Court
The Supreme Court observed that right to cross-examine the witnesses examined on behalf of the complainant cannot be denied to an accused for his failure to deposit interim compensation under Section 143A of Negotiable Instruments Act."Any such order foreclosing the right would not be within the powers conferred upon the court and would, as a matter of fact, go well beyond the...
'100% Reservation For Local Residents In Scheduled Areas Unconstitutional' : Supreme Court Quashes Jharkhand Govt Notification
The Supreme Court on Tuesday quashed a notification issued by the State of Jharkhand in 2016 to provide for 100% reservation for local residents in District Cadre Class III and Class IV posts in the 13 Scheduled Districts of the State.The Court held that "100% reservation provided for the local residents of the concerned Scheduled Districts / Areas only would be violative of Article 16(2) of...
Promise Of Marriage Made In Good Faith But Subsequently Not Fulfilled : Supreme Court Quashes Rape Case
While quashing a rape case, the Supreme Court observed that there is a distinction between a false promise to marriage and a breach of promise which is made in good faith but subsequently not fulfilled.The court noted that, in this case, both parties were admittedly in a consensual relationship from 2009 to 2011. Though the victim contended that this relationship was on an assurance of...