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Supreme Court Issues Notice On Kerala's Petition Against President's Withholding Of Assent For Bills & Governor's Reference
The Supreme Court on Friday (July 26) agreed to consider the writ petition filed by the State of Kerala challenging the action of the President of India in withholding assent for four bills and the action of the Kerala Governor in referring those bills to the President.A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra issued notice to the Union of India (through the Secretary of the Ministry of Home Affairs) and the Additional Chief Secretary to...
Requirement That Judicial Officers Must Be Adept At Local Language Is Valid : Supreme Court
The Supreme Court on Friday approved the requirements in various States that persons seeking appointment as judicial officers should be conversant with the local language.A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra dismissed a petition challenging the condition imposed by the Public Service Commissions of the States of Punjab, Karnataka, Maharashtra and Odisha.The bench observed that the requirement that a person seeking appointment as a...
Partition Of Property By Metes & Bounds Not Permissible In Chandigarh; Only Solution Sale By Way Of Auction : Supreme Court
The Supreme Court recently reiterated that there can't be partition of property by metes and bounds at Chandigarh. Hence, the only resolution in a suit seeking partition of joint property is sale by way of auction.The prohibition on partition by metes and bounds is due to the Chandigarh (Sale of Sites and Buildings) Rules, 1960. Interpreting the 1960 Rules, the Supreme Court in Residents Welfare Association & Anr. v. The Union Territory of Chandigarh 2023 LiveLaw (SC) 24 held that here...
NGT Has Duty To Ensure Environmental Clearance Is Lawfully Granted : Supreme Court
The Supreme Court on Thursday (July 25) set aside the National Green Tribunal's (NGT) order that permitted the establishment of a Common Biomedical Waste Treatment Facility (CBWTF) in Azamgarh District, Uttar Pradesh.A bench of Justice Abhay Oka, Justice Prashant Mishra, and Justice AG Masih reinstated a plea before NGT which challenged the environmental clearance for the CBWTF on the ground that no such facility should be set up within a 75 km radius of an existing CBWTF.The NGT had dismissed...
Regular Entries In 7th Schedule Of Constitution Can't Be Given Wider Interpretation To Include Taxation Powers : Supreme Court
The Supreme Court has recently held that regular entries under List I and II of the 7th Schedule of the Constitution cannot be given a wider interpretation to include taxation powers which are covered under the domain of specific tax entries under the 7th Schedule. The 9 Judge Constitution Bench led by CJI DY Chandrachud observed this while holding that States have the power to levy tax...
Supreme Court Sets Aside Murder Conviction Of Man Jailed For Nine Years, Justice Oka Laments Systemic Delays
The Supreme Court today (July 25) acquitted a man convicted for the murder of his wife based on circumstantial evidence of last seen theory observing that the prosecution failed to prove that he was the last person seen with his wife when she was alive.After dictating the order, Justice Abhay Oka highlighted that the man has been incarcerated for nine years and remarked, “This is the problem...
Will Regulate 'Shylockian' Lenders : Supreme Court Raises Concerns Over Unlicensed Money Lending Business
The Supreme Court on Tuesday (July 23) highlighted the growing menace of unlicensed money lending leading to severe consequences for borrowers, including financial ruin and even suicide.The Court observed that the practice of lending money on interest without proper licensing and securing the loans with cheques or title deeds is not different from the business of money lending. However, under...
Why 'Royalty' Is Not 'Tax'? Supreme Court Explains
The Supreme Court, in its decision upholding the power of states to to levy tax on mineral rights, observed that royalty set under S.9 of the Mines and Minerals (Development and Regulation) Act 1957 (MMDR Act) does not qualify as tax.A 9-judge Constitution Bench (by 8:1 majority) held that royalty on a mining lease is a contractual payment given by the lessee to the lessor of the mineral...
S. 143A NI Act | Company's Authorized Signatory Not 'Drawer' Of Cheque, Can't Be Directed To Pay Interim Compensation: Supreme Court
The Supreme Court held that an authorized signatory of the company could not be considered as a 'drawer' of cheque, and therefore, could not be directed to pay the interim compensation to the complainant under Section 143A of the Negotiable Instruments Act of 1881 (“NI Act”)."Authorized signatories act on behalf of the company but do not assume the company's legal identity. This...
States' Taxation Powers Must Be Protected From Unconstitutional Interference By Parliament: Supreme Court On 'Fiscal Federalism'
""Any dilution in the taxing powers of the State legislatures will necessarily impact their ability to raise revenues, which in turn will impede their ability to deliver welfare schemes and services to the people."
Supreme Court Issues Notice On MLA Abbas Ansari's Bail Plea In Case Over Alleged Illegal Meetings With Wife In Jail
The Supreme Court today issued notice on Uttar Pradesh MLA Abbas Ansari's plea seeking bail in a case involving allegations that his wife made unrestricted visits to him in Chitrakoot jail and he used her mobile phone to threaten witnesses and officials.A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan passed the order, calling for the UP government's response on Ansari's...