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Customs Act | Engineering Services Fees Having Direct Nexus With Import Of Goods Fall Within Assessable Customs Value : Supreme Court
The Supreme Court yesterday (May 1) ruled that engineering and technical service fees paid by the importer must be included in the assessable value of imported spare parts under the Customs Act, 1962. The bench of Justices Abhay S. Oka and Ujjal Bhuyan upheld that the 8% technical and engineering fee charged to the appellant(Coal India) should be included in the assessable value for...
Supreme Court Disposes Petitions Against 1982 J&K Law On Return Of Pre-1954 Migrants To Pakistan, Cites Non-Enforcement & 2019 Repeal
Recently, the Supreme Court disposed of a batch of petitions, pending since 1982, challenging the constitutionality of the Jammu and Kashmir Grant of Permit for Resettlement in (or Permanent Return) to the State Act, 1982.The Court noted that the provisions of this Act never came into force, and that its operation was stayed by the Court by an order passed in 2002. Subsequently, it was...
Plea Filed In Supreme Court Against Blocking Of YouTube News Channel '4 PM'; Validity Of IT Blocking Rules Also Challenged
Journalist Sanjay Sharma has moved the Supreme Court against the blocking of his YouTube news channel '4PM' on purported grounds of 'national security' and 'public order'. Among other things, he has sought urgent restoration of access to his platform and challenged the vires of IT Blocking Rules, 2009.Terming the blocking action "arbitrary and unconstitutional", Sharma, the Editor-in-Chief of...
Supreme Court Reserves Judgment On Death Row Convict's Plea To Apply 'Manoj' Judgment
The Supreme Court today(May 1) reserved judgment in a writ petition seeking to determine whether the benefit of the 2022 Manoj judgment would apply to the present petitioner on the death row.The present petitioner is on death row for raping and murdering a 4 years old child. A writ petition has been filed for the Court to determine if the subsequent judgment in Manoj, wherein practical...
If Doctors Are Mandated To Prescribe Only Generic Drugs, Issue Of Pharma Companies Bribing Will Be Resolved, Says Supreme Court
The Supreme Court today orally remarked that the issue of pharmaceutical companies allegedly bribing doctors toprescribe excessive or irrational drugs and push for high-cost overpriced brands would be resolved if there was a statutory mandate for doctors to prescribe generic medicines. A bench of Justice Vikram Nath, Justice Sanjay Karol and Justice Sandeep Mehta was hearing a petition...
Supreme Court Stays Bombay HC Order That Sentenced Woman For Contempt Over 'Dog Mafia' Comment Against Judges
The Supreme Court has stayed the Bombay High Court order which convicted a woman for contempt of Court, and sentenced her to 1-week simple imprisonment, over her “dog mafia” remark against the Supreme Court and the High Court/their judges.A bench of Justices Vikram Nath and KV Viswanathan passed the order, issuing notice on the woman's plea against the High Court decision. To recap,...
Pahalgam Terror Attack : Supreme Court To Hear Tomorrow A Family's Plea Against Deportation To Pakistan
The Supreme Court will hear tomorrow a writ petition filed by 6 members of a family against their deportation to Pakistan in the wake of the Pahalgam Terror Attack.The matter was listed today before a bench of Justices Surya Kant and N Kotiswar Singh, but was not heard at the first call. Pursuant to a mentioning, Justice Kant told the petitioners' counsel to go through a Times of India...
S. 482 CrPC | Not Open For High Court To Rely On Investigation Report In Plea To Quash FIR: Supreme Court
The Supreme Court today (May 1) observed that High Courts cannot assess or call for the submission of an investigation report while exercising powers under Section 482 of the CrPC, as this authority rests exclusively with the Magistrate. Holding thus, the bench comprising Justices Pankaj Mithal and SVN Bhatti set aside the Gujarat High Court's decision, which had relied upon the...
Caste Census : A Look Back At Supreme Court's 2021 Order Declining To Direct Disclosure Of 2011 SECC Report
In a significant policy shift, the Central Government on Wednesday announced that the upcoming national census will include a caste-based enumeration. The last time India's population was counted by caste was before independence, in 1931. In 2021, a Socio-Economic and Caste Census (SECC) was carried out by the Union Government. However, its report was not published. In this context, it will...
Article 142 Can Be Used To Modify Arbitral Awards, Holds Supreme Court; Justice Viswanathan Dissents
The Supreme Court in its recent decision has held that powers to do complete justice under Article 142 can be exercised to modify an arbitral award if it helps put prolonged litigation to an end. The majority opinion authored by CJI Sanjiv Khanna explained that power to do complete justice under Article 142 can be utilised cautiously to modify an award as long as it does not interfere in...
High Court Cannot Reject A Plaint While Exercising Article 227 Power : Supreme Court
The Supreme Court held that a High Court cannot reject a plaint in exercise of its supervisory jurisdiction under Article 227 of the Constitution.A bench comprising Justice PS Narasimha and Justice Joymalya Bagchi was hearing a petition challenging the Madras High Court's decision to reject a plaint as barred by the Prohibition of Benami Property Transactions Act.Setting aside the High...
'Unauthorised Construction Has To Be Demolished; Judicial Regularisation Impermissible' : Supreme Court
Reaffirming its zero-tolerance stance on illegal and unauthorized construction, the Supreme Court dismissed a petition seeking the regularization of an unlawful building in Kolkata, emphasizing that no leniency should be shown towards such violations and that the structure must be demolished. The Court noted that illegal structures must face demolition without exception, closing all avenues...