Supreme Court Weekly Round-up: October 7, 2024 To October 13, 2024

→'Acknowledge Women's Struggles In Occupying Public Offices': Supreme Court Flags Discriminatory Attitude Towards Women RepresentativesMANISHA RAVINDRA PANPATIL VERSUS THE STATE OF MAHARASHTRA & ORS., 2024 LiveLaw (SC) 783While granting relief to a female Sarpach of a village who was disqualified on technical grounds, the Supreme Court raised concerns about the discriminatory...

75 Important Judgments Of Supreme Court: Part III | Celebrating 75 Years Of India's Supreme Court

In the last part of 75 important judgments of the Supreme Court, we look at another set of 25 judgments concerning the rights of free speech and expression.Freedom of propagation of ideas and freedom of circulation and narrow interpretation of restrictions on free speechRomesh Thappar v. The State of Madras (1950) was one of the first judgments of the Supreme Court holding that Article...

Complete Supreme Court Half Yearly Digest 2024 [Final Part]

Labour LawRespondent, a part-time labourer, reinstated by Labour Court in 2001. State repeatedly litigated against implementation of the Labour Court award, harassing respondent for 22 years. Frivolous Special Leave Petition dismissed; respondent awarded costs of Rs.10,00,000. State of Rajasthan v. Gopal Bijawat, 2024 LiveLaw (SC) 125Land LawLand Revenue Code; Section 36A and Registration...

Professor GN Saibaba's Death Is A Wake-Up Call To Prevent Abuse Of UAPA Against Dissenters

His tragic death exposes the harsh challenges the criminal justice system offers to those who question the State's power.

Arbitration | Arbitral Award Must Carry Post-Award Interest As Per S. 31(7)(b) : Supreme Court

The Supreme Court held that the post-award period shall carry a rate of interest decided as per Section 31(7)(b) of the Arbitration & Conciliation Act, 1996 (Arbitration Act). “For the reasons to follow, while allowing the appeal we have held that as this is a case arising out of the Arbitration and Conciliation Act, 1996, by operation of Section 31(7)(b), the sum directed to be paid...

Supreme Court Upholds Manipur HC Direction Setting Aside Selection Of 242 Primary Teachers

Recently, the Supreme Court upheld the Manipur High Court's decision which annulled the selection of 242 candidates for Primary Teacher positions in the OBC category due to procedural flaws. The bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti held that the State should draw up a fresh selection list following the High Court's judgment limiting appointments to...

Calcutta High Court Grants Bail To Nine Detained For Allegedly Raising 'Anti-Establishment' Slogans At Durga Puja Pandal

The Calcutta High Court has granted bail to nine youths, who were arrested for allegedly raising anti-establishment slogans and placards outside a Durga Puja pandal in Kolkata's Rabindra Sarovar area.A single bench of Justice Shampa Sarkar released the detained protestors while directing them to not cause disturbance or raise slogans within 200 metres of any puja pandals across the...

Journalist Mahesh Langa Moves Gujarat High Court Against Ten-Day Police Remand In Alleged GST 'Fraud' Case

Journalist and Senior Assistant Editor at 'The Hindu' newspaper–Mahesh Langa moved the Gujarat High Court on Friday (October 11) challenging the 10-day police remand granted by a magisterial court, in an alleged Goods and Services Tax "fraud" case. After hearing the matter for some time a single judge bench of Justice Sandeep N Bhatt orally asked the counsel appearing for the State to...

High Court Stays Panchayat Polls In Parts Of Punjab; Slams State For 'Blatant Abuse Of Power', Says Attempt Made To Destroy Fair Election

The Punjab & Haryana High Court yesterday slammed the Punjab Government for "blatant abuse of power" of the state machineries in the upcoming Panchayat Elections, at the stage of filing of nomination papers. It has put an interim stay on further election proceedings in relation to villages involved in the petition.The polls were set to be held on October 15.A vacation bench of Justice...

S.129 CGST/SGST Act | Penalty Only For Violations With Intent To Evade Tax Or Repeated Violations; Not For Minor Discrepancies : Kerala High Court

The Kerala High Court held that tax/ penalty under Section 129(1)(a) or 129(1)(b) of the CGST/ SCGST can be imposed only for violations which may lead to evasion of tax or which was done with the intention to evade or in case of repeated violations.Justice P. Gopinath observed:“It is declared that the provision of Section 129 of the CGST/ SGST Acts do not authorize the imposition of...

When Can Official Superiors Be Liable For Abetment Of Suicide Of Employee? Supreme Court Explains

In a recent case, the Supreme Court explained when can the official superiors be held liable for the abetment of suicide of their junior official.The bench comprising Justices JB Pardiwala and Manoj Misra reasoned that behind the act of suicide can be categorized into two broad categories i.e., where the deceased is having sentimental ties with the accused and the second category would be...

Complete Supreme Court Half Yearly Digest 2024 [Part-2]

Consumer LawConsumer Protection Act, 1986; Section 2(1) (m) and Consumer Protection Act, 2019 – Maintainability of the complaint filed by Insured Company (registered under the Companies Act, 1956) before the National Consumer Disputes Redressal Commission is in question – Whether 'company' is covered by the definition of 'person' under the Consumer Protection Act, 1986? – Held,...