Supreme Court Expunges Gujarat HC's Adverse Observation Against GST Officials

The Supreme Court (on March 12) expunged the observations made by the Gujarat High Court in an interim order that statutory protection of the good faith clause under Section 157 of the Goods and Services Tax Act may not be available to the GST officers who conducted a search operation in the instant case. A bench of Justices P.S. Narasimha and Aravind Kumar stated that the...

When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains

Observing that the High Court should exercise due care and caution while entertaining the petitions under Article 226 of the constitution even when there exists an alternative statutory remedy, the Supreme Court on Wednesday (April 10) deprecated the High Court's interference in the auction sale proceedings completed by the Bank at the instance of the borrower despite having statutory remedy...

Not Concerned With Patanjali Only, But All FMCG Companies Which Deceive Customers Selling Products With False Health Claims: Supreme Court

While refusing to accept the apology affidavit furnished by Patanjali, its MD and co-founder in the misleading ads case, the Supreme Court yesterday expressed its concern about fast-moving consumer good (FMCG) companies deceiving innocent consumers and playing with public health.The Bench of Justices Hima Kohli and Ahsanuddin Amanullah pulled up Patanjali during the hearing, but extended...

The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-IX]

P R O S E C U T I O N E V I D E N C EQ.37 When is the case posted for prosecution evidence ? Ans. Ordinarily when the accused “pleads not guilty”, the case is posted for prosecution evidence. Q.38 What is meant by “evidence” ? Ans. As per Section 3 of the Indian Evidence Act the expression “evidence” means – Oral evidence of witnesses ...

If Deed Was Executed By Person Without Title, Successors Cannot Enforce Rights On Property Based On Such Deed : Supreme Court

The Supreme Court held if someone tries to transfer property rights to another person through a legal document but doesn't actually own those rights, the new owner or their successors won't have the legal right to claim those rights from that document."If right, title or interest in certain property is sought conveyed by a person by an instrument who herself does not possess any such form...

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Q 1. Upon a suit of a plaintiff, a civil court passes a decree restraining the encashment of the cheque given to the respondent by the plaintiff only for security purposes, however, on the other hand, the criminal court proceeded against the decree-holder/plaintiff for the dishonor of cheque under the Negotiable Instruments Act, 1882. Decide the liability of the plaintiff/decree-holder.a....

The Complete Supreme Court Annual Digest- 2023 [Part-IV]

Code of Criminal Procedure, 1973 Code of Criminal Procedure, 1973 - Difference in the power of Police to register and investigate an FIR under Section 154(1) read with 157 of the Code, and the Magistrate's direction to register an FIR under Section 156(3) of the Code. Power of the Magistrate to direct registration of an FIR under Section 156(3) in contrast with post-cognizance...

Mere Failure To Transfer Vehicle Registration Will Not Invalidate Sale/Gift Of Vehicle: Supreme Court

The Supreme Court has observed that mere failure to get a transferred vehicle registered in the name of the new owner will not mean that the sale/gift transaction will get invalidated. The Court made this observation in the context of deciding whether the non-disclosure of three vehicles allegedly owned by the family members of Arunachal Pradesh MLA Karikho Kri in the election affidavit...

'Move HC' : Supreme Court Refuses To Entertain Transgender Activist's Plea To Quash FIRs For Fasting Unto Death On Manipur Crisis

The Supreme Court today (April 10) refused to entertain writ petition filed under Article 32 by transgender activist Ms Malem Thongam who sought to quash the FIRs registered against her for fasting until death to protest against the ongoing Manipur crisis. The Court has given the liberty to approach the Manipur High Court under a section 482 CrPC Petition. Ms Thongam has been fasting unto...

Evidence Of Family Members In Dowry Death Cases Can't Be Discarded Saying They Are Interested Witnesses : Supreme Court

The Supreme Court recently decided that testimonies from family members of the deceased in dowry death cases should not be dismissed simply because they are considered interested witnesses. Justices Dipankar Datta and SVN Bhatti, on the bench, pointed out that a woman facing harassment over dowry is likely to confide in her immediate family, making their testimony crucial for bringing...

Social Media Comments Distorting Court Proceedings Require Serious Consideration: Supreme Court Issues Contempt Notice To Assam MLA

The Supreme Court expressed serious concern over the misuse of social media platforms, where factually incorrect and unfounded statements are made regarding cases which are subjudice. Taking note of a Facebook post published by a party whose case was reserved for judgment, the Court initiated contempt proceedings against him for misleading the public about the court. The bench of...

Delhi Court Rejects Arvind Kejriwal's Plea For Additional Meetings With Lawyers, Says He Passed Directions To Water Minister Through Counsel

A Delhi Court on Wednesday dismissed an application moved by Chief Minister Arvind Kejriwal, who is in judicial custody in the liquor policy case, seeking permission to have five weekly meetings with his lawyers instead of the two meetings permitted to him.Special judge Kaveri Baweja observed that Kejriwal is not even utilizing the permitted two legal interviews per week with his lawyers...