Supreme Court Weekly Round-Up [13th-19th Nov, 2023]

Citations: 2023 LiveLaw (SC) 975 To 2023 LiveLaw (SC) 994Nominal IndexM/S. RAJASTHAN ART EMPORIUM V. KUWAIT AIRWAYS 2023 LiveLaw (SC) 975M/S Modi Naturals Ltd v The Commissioner of Commercial Tax UP 2023 LiveLaw (SC) 976Union of India v. D.G.O.F. Employees Association 2023 LiveLaw (SC) 977Shaikh Uzma Feroz Hussain v. State of Maharashtra 2023 LiveLaw (SC) 978J. Johnson v. S. Selvaraj, 2023 LiveLaw (SC) 979Thanesar Singh Sodhi(D) The Lrs. v. Union of India 2023 LiveLaw (SC) 980Madan v. State of Uttar Pradesh 2023 LiveLaw (SC) 982Maharashtra State Electricity Distribution Company Limited v. Ratnagiri Gas and Power Private Limited & Ors 2023 LiveLaw (SC) 983Munishamappa v. N. Rama Reddy 2023 LiveLaw (SC) 987Ramakant Singh and others v. The State of Jharkhand 2023 LiveLaw (SC) 988 Prabhatbhai Dabhi v, State of Gujarat 2023 LiveLaw (SC) 989Jagwinder Singh v. State of Punjab 2023 LiveLaw (SC) 990Ankita Thakur & Ors v The HP Staff Selection Commission 2023 LiveLaw (SC) 991M/s India Glycols Limited and Another v. Micro and Small Enterprises Facilitation Council, Medchal - Malkajgiri 2023 LiveLaw (SC) 992Hazari Lal (Dead) Thr Lrs. v. Ramesh Kumar 2023 LiveLaw (SC) 994Judgment/OrdersAirlines Bound By Time Schedule Promised By Its Travel Agent: Supreme CourtCase Title: M/S. RAJASTHAN ART EMPORIUM V. KUWAIT AIRWAYSCitation: 2023 LiveLaw (SC) 975The Supreme Court held that an authority is bound by the promise held by its agent under the Indian Contract Act.The Apex Court held so in the context of a consumer dispute, where Kuwait Airways, through its agent, Dagga Air Agents, had fixed a schedule of 7 days for delivery of certain goods. The Court held that the Airline was liable to pay the complainant damages for delay in delivering the consignment.Party Not Entitled To Seek Relief That Has Not Been Prayed For: Supreme CourtCase Title: M/S. RAJASTHAN ART EMPORIUM V. KUWAIT AIRWAYSCitation: 2023 LiveLaw (SC) 975The Supreme Court, while dealing with a consumer dispute, reiterated that a party is not entitled to seek relief that has not been prayed for.UP VAT Act | Assessee Entitled To Claim Full Input Tax Credit On Exempted Goods Produced As By-Products Or Waste Products During Manufacturing Of Taxable Goods: Supreme CourtCase details: M/S Modi Naturals Ltd v The Commissioner of Commercial Tax UPCase No.: 2023 LiveLaw (SC) 976The Supreme Court while relying on Explanation (iii) to Section 13 of Uttar Pradesh Value Added Tax Act, 2008 (“UP VAT Act”), has held that if during the manufacture of any taxable good any tax exempted goods are produced as by-product/waste product, then it shall be deemed that the goods purchased from within the State for such manufacturing have been used in manufacture of taxable goods alone. Thus, the Assessee would be entitled to claim full benefit of Input Tax Credit (“ITC”) in respect of taxable goods purchased from within the State.Historical Similarity In Previous Pay Scales Can Be Considered To Allow Same Pay Scale For Similar Posts : Supreme CourtCase Title: Union of India Vs. D.G.O.F. Employees AssociationCitation: 2023 LiveLaw (SC) 977Historical similarity in previous pay scales can be taken into consideration by the Courts to interfere with pay scale fixation which has created anomalies, observed the Supreme Court.Holding thus, the Court upheld a Delhi High Court judgment which held that Assistant and Personal Assistants of Ordnance Factory Board, Headquarters are entitled to same pay scale as similarly placed employees of Central Secretariat Service (CSS) and equivalent posts in Armed Force Headquarters Civil Service (AFHCS) Cadre, New Delhi and other similar cadresEvery Court Has High Pendency, Constitutional Courts Should Avoid Fixing Time-Schedule For Cases Unless Exceptional: Supreme CourtCase Title: Shaikh Uzma Feroz Hussain v. State of MaharashtraCitation: 2023 LiveLaw (SC) 978Every Court in the country has a huge pendency and hence the Supreme Court and the High Courts should refrain from fixing a time-bound schedule for the disposal of any cases except in extraordinary circumstances, as observed by the Supreme Court recently.Bar Council Of India Should Obtain English Translation Of Documents In Disciplinary Proceedings: Supreme CourtCase Title: J. JOHNSON V. S. SELVARAJ, CIVIL APPEAL NO.4855 OF 2023Citation : 2023 LiveLaw (SC) 979The Supreme Court recently held that the Rules framed by the Bar Council of India regarding Disciplinary Proceedings, require the Bar Council to call for the English translation of documents that are not in English.Supreme Court Explains Application Of SAFEMA After Detention Order Under COFEPOSA Has Been RevokedCase Title: THANESAR SINGH SODHI (D) THR. LRS v. UNION OF INDIACitation : 2023 LiveLaw (SC) 980The Supreme Court, recently (On November 10), held that provisions of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) would apply to every person against whom an order of detention has been passed under...

Supreme Court Weekly Round-Up [13th-19th Nov, 2023]

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Supreme Court Weekly Round-Up [13th-19th Nov, 2023]

Suraj Parmar

This is a premium content Available exclusively to Our subscribers

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