Drugs & Cosmetics Act | Power To Prohibit Drug Only With Central Govt; Trade Can't Be Restricted Without Notification U/S 26A : Supreme Court

The Supreme Court recently set aside the orders of the Allahabad High Court which upheld the decision of a District Magistrate in restricting the trade of 'aromatic tincture of cardamom' on grounds that it has a high level of alcohol content and therefore is a prohibited article under the Drugs & Cosmetics Act, 1940.A bench of Justices Vikram Nath and PB Varale held that the power to impose...

Reduction In Share Capital Amounts To Transfer Of Capital Asset Under Income Tax Act : Supreme Court

The Supreme Court (recently on January 02) reiterated that reduction in share capital is covered under Section 2(47) of the Income Tax Act, 1961, which talks about transfer of a capital asset. It explained that such reduction would be come under the expression “sale, exchange or relinquishment of the asset” used in the provision.For reference, the concerned portion of Section 2(47)...

Transfer Of Govt Employee On Request Can't Be Termed Transfer In Public Interest Or Administrative Exigencies : Supreme Court

The Supreme Court has observed that the transfer of an employee is an incidence of service if it is in public interest. It added that the government is the best judge to decide how to utilise the services of an employee. Further, if an employee requests, the government may post that employee as per the request. However, such transfer will not be in public interest as the same is based on...

Supreme Court Grants Bail To Tihar's Ex-Dy Superintendent In Murder Case Of Inmate In Judicial Custody

The Supreme Court on January 6 granted bail to former Deputy Superintendent of Tihar Jail, Narendra Meena, in connection with the allegations of death of under trial prisoner, a 29-year-old gangster Ankit Gujjar, in judicial custody.A bench of Justices M.M. Sundresh and Rajesh Bindal set aside the order of the Delhi High Court denying him bail. As per the facts, Gujjar was found dead inside...

Allahabad High Court 'Worrisome'; Filing & Listing Have Collapsed : Supreme Court

While dealing with Uttar Pradesh MLA Abbas Ansari's plea assailing Allahabad High Court's failure to hear his property dispute despite a specific Supreme Court direction, Justice Surya Kant of the top Court today expressed concern about the High Court, saying it is one of the High Courts one should be "worried" about.While the allegation regarding Ansari's background affecting the High Court...

Supreme Court Seeks Report From Union On Virtual Hearing Facilities At Tribunals

In a case involving the issue of virtual access to Court/Tribunal proceedings, the Supreme Court recently called for a report from the Union Government as to the effective availability of video conferencing facility for lawyers and litigants in Tribunals functioning within its jurisdiction.A bench of Justices Hrishikesh Roy and SVN Bhatti passed the order while dealing with a batch of...

Improper Rejection Of Juvenility Claim Even In SC's Curative Jurisdiction Not Final; Fresh Plea Can Be Raised : Supreme Court

The Supreme Court has held that a plea of juvenility, which was not properly considered by Courts as per due procedure, cannot be treated as final. Therefore, a fresh plea of juvenility can be raised when the plea of juvenility was improperly adjudicated upon in the previous rounds.For context, plea of juvenility is a plea raised by accused/convicts that they were minors at the time of...

Supreme Court Directs Status Quo On Property Claimed By UP MLA Abbas Ansari But Declared 'Evacuee Property'

In a relief to Uttar Pradesh MLA Abbas Ansari, the Supreme Court today passed a status quo order in respect of a property he claims ownership of but was dispossessed from in 2023 upon the same being declared "evacuee property".A bench of Justices Surya Kant and N Kotiswar Singh passed the order, stating,"The instant application has been moved inter-alia alleging that after the order passed...

'Ready To Apologise, Compensate', Says Telugu Actor Mohan Babu In Case For Assaulting Journalist; Supreme Court Grants Interim Relief

The Supreme Court today (January 9) granted interim relief to Telugu actor Mohan Babu by ordering that no coercive actions should be taken by the police against him in the case for assaulting a journalist.The allegation is that he took a wireless mic from a TV9 journalist correspondent and threw it on him causing grievous injuries. A bench of Justices Sudhanshu Dhulia and Prashant Kumar...

Indian Stamp Act | Registering Authority Cannot Mechanically Refer Sale Deed To Collector, Prima Facie Finding On Undervaluation Needed : Supreme Court

The Supreme Court recently observed that in case of undervaluation of property sale's price, the Registering Authority under the Indian Stamp Act, 1899 cannot mechanically make reference to the Collector (stamps) for determination of the correct market value of the property. Instead, an opportunity is to be provided to the party, and reasons have to be furnished by the Registering Authority...

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NEET-PG : Supreme Court Stays Telangana HC Order Shfiting MD Seat From One Medical College To Another

The Supreme Court on Wednesday (January 8) stayed the judgment of the High Court of Telangana dated December 20, 2024, whereby the High Court ordered the transfer of a medical seat in a PG Course from one college to another through provisional admission and allowed the Respondent (in the present SLP-PG Student) to appear for the final examination. A bench of Justices B.R. Gavai and AG...