Supreme Court Weekly Round-Up

Article 137 Limitation Act Applies To Proceedings For Cancellation Of Probate/Letter Of Administration [Ramesh Nivrutti Bhagwat vs. Dr. Surendra Manohar Parakhe] The Supreme Court observed that Article 137 of the Limitation Act, which provides for 3 year limitation period, applies to the proceedings under Indian Succession Act for moving an application for cancellation of probate or letters of administration. Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably [R. Srinivas Kumar vs. R. Shametha] The Supreme Court observed that it can exercise its inherent powers under Article 142 of the Constitution of India for dissolution of a marriage where it finds that the marriage is totally unworkable, emotionally dead, beyond salvage and has broken down irretrievably, even if the facts of the case do not provide a ground in law on which the divorce could be granted. Services Given By Incorporated Clubs To Members Exempted From Service Tax [Chief Commissioner of Central Excise & Service and others v Ranchi Club Ltd] The Supreme Court held that services given by an incorporated club to its members are exempted from service tax. In the case the bench comprising Justices R F Nariman, Surya Kant and Ramasubramanian upheld the judgments of High Courts of Gujarat and Jharkhand which ruled out service tax liability on clubs for service to their members on the reasoning that there were no distinct legal entities of 'service provider' and 'service recipient' in a transaction between a members' club and its members. Non-Mentioning Of Correct Provision Not Fatal To Application If The Power To Pass Order Is Available With Court [Pruthvirajsinh Nodhubha Jadeja (D) vs. Jayeshkumar Chhakaddas Shah] The Supreme court observed that mere non-mentioning of an correct provision is not fatal to the application if the power to pass such an order is available with the court. In the appeal the bench comprising Justice Deepak Gupta and Justice Anniruddha Bose observed that JCS as an assignee of the rights of the original plaintiff, had a right to be impleaded as a plaintiff in place of MMT. Applying 'Residual Doubt Theory', SC Commutes Death Penalty Awarded For Rape-Murder Of Minor [Ravishankar @ Baba Vishwakarma V. State of Maharashtra] The Supreme Court applied "residual doubt theory" to commute the death penalty awarded to a person for rape and murder of a 13 year old girl. As per this theory, a higher standard of proof than used at the conviction stage is used to assess whether the convict deserves death penalty. Disputes Arising Out Of Immovable Property 'Actually Used' In Trade Or Commerce Alone Are 'Commercial Disputes' [Ambalal Sarabhai Enterprises Ltd. vs. K.S. Infraspace LLP] The Supreme Court held that, in order to fall within Section 2(1)(c)(vii) of the Commercial Courts Act, the immovable property must be "used exclusively" or "being used exclusively" in trade or commerce. The bench comprising Justice R. Banumathi and Justice AS Bopanna made it clear that the words 'used exclusively in trade or commerce' denotes "actually used" and it cannot be either "ready for use" or "likely to be used" or "to be used". No Levy Of Sales Tax On Supply Of Food & Drinks By Clubs To Its Members [State of West Bengal v Calcutta Club Ltd] The Supreme Court held that there is no levy of sales tax on the supply of food and beverages by members' clubs, whether incorporated and unincorporated, to its members. Answering a reference in the case, a three judges bench comprising Justices R F Nariman, Surya Kant and Rama Subramanian held that the "doctrine of mutuality" , as propounded in the case CTO v. Young Men's Indian Assn., (1970) 1 SCC 462, continued to operate even after the 46th amendment to the Constitution which inserted Article 366(29-A). Road Traffic Offences Can Be Prosecuted Under Both IPC & Motor Vehicles Act: SC Sets Aside Gauhati HC Directive [The State Of Arunachal Pradesh V.Ramchandra Rabidas @ Ratan Rabidas & Anr.] The Supreme Court observed that road traffic offences can be prosecuted under Motor Vehicles Act as well as Indian Penal Code. The bench comprising Justice Indu Malhotra and Justice Khanna observed thus while setting aside the direction issued by the Gauhati High Court to States of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh that road traffic offences shall be dealt with only under the provisions of the Motor Vehicles Act and not under the provisions of Indian Penal Code. "Institutional Preference" In PG Medical Courses Permissible Even After Introduction Of NEET [Yatinkumar Jasubhai Patel vs. State of Gujarat] The Supreme Court observed that "Institutional Preference" in the Post Graduate Medical Courses is permissible even after the introduction of the NEET Scheme....

Supreme Court Weekly Round-Up

LIVELAW NEWS NETWORK

Tags