Nomenclature of a Tax does not determine the nature of the levy or its true character: Supreme Court
Supreme Court: The 3-judg bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has upheld the validity of Sections 52
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Anticipatory bail to an absconder? Supreme Court says no!
Supreme Court: In a case where the Patna High Court had granted anticipatory bail to an absconder, the bench of MR Shah*
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IBC and Limitation| Words “order is made available to the aggrieved party” consciously omitted from Section 61(1)&(2): SC. Read why
“The IBC, as a prescriptive mechanism, affecting rights of stakeholders who are not necessarily parties to the proceedings, mandates diligence on the part of applicants who are aggrieved by the outcome of their litigation.”
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Gauri Lankesh murder| Direct role in commission of an organized crime not necessary. HC “manifestly wrong” in quashing charges against Mohan Nayak N: SC
Supreme Court: In a major development in the Gauri Lankesh murder case, the bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar,
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‘Furlough not a legal right’: Supreme Court explains difference between Parole and furlough
“Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.”
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Creation and/or sanction of the posts is the sole prerogative of Government; Courts cannot interfere: Supreme Court
Framing of any scheme is no function of the Court and is the sole prerogative of the Government.
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SCC Snippets| Five golden principles governing cases based only on circumstantial evidence
In Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116, the bench of S. Murtaza Fazal Ali, A. Varadarajan and Sabyasachi
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Explained| Sections 138 and 141 of NI Act: Vicarious liability of directors of a company for dishonour of cheques
Supreme Court: Explaining the law relating to vicarious liability of the Directors of a company under Sections 138 and 141 of the
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Respondent can’t seek declaration of petitioner’s “second marriage” in a divorce proceeding; Relief can’t be prayed qua third party under Section 23A HMA: SC
Under the provisions of the Hindu Marriage Act, the relief of divorce, judicial separation etc. can be between the husband and the wife only and cannot extend to the third party.
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Appellate Courts can’t “unnecessarily create” suspicion in absence of objection to validity of a Will: Supreme Court
“A testamentary court is not a court of suspicion but that of conscience.”
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Getting date of birth changed at fag end of your career? STOP! First read the law laid down by the Supreme Court
Supreme Court: In a case where a Government employee had sought change of date of birth in service records from 04.01.1960 to
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Explained| Can dependent seek Compassionate appointment to a post higher than what was held by the deceased employee?
Appointment on compassionate ground is a concession and not a right.
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Principles governing power of Courts to direct Retrial and Joint Trial, as laid down by Supreme Court
Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has lucidly laid down the principles governing
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Explained| Pre-deposit of 75% of arbitration award amount under Section 19 of the MSME Act, 2006 mandatory or discretionary?
Supreme Court: The bench of MR Shah* and AS Bopanna, JJ has held that in an appeal/application filed under Section 34 of
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Section 138 NI Act| Once settlement has been entered into, the complainant cannot pursue the original complaint: Supreme Court
The settlement agreement subsumes the original complaint.
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In absence of any settlement, Lok Adalat can’t enter into merits of writ petition and dismiss it on merits: Supreme Court
Supreme Court: In a case where the members of the Lok Adalat, Madhya Pradesh High Court had entered into the merits of
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Explained| Is Preliminary Enquiry mandatory in all corruption cases?
Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has held that a Preliminary Enquiry is
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Kashmiri migrants can’t retain Government accommodation for indefinite period after retirement: Supreme Court
The compassion shown to Kashmiri Migrants has to be balanced with the expectations of the serving officers to discharge their duties effectively.
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Not ‘honourably’ acquitted in a case? Employer can’t be compelled to give appointment: SC. [“Honourable acquittal” defined]
Supreme Court: In a case where a man, after being acquitted in a kidnapping case, had applied for the post of Constable
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Reprimand for indiscipline does not amount to abetment of suicide of a “hypersensitive” student: SC
‘Spare the rod and spoil the child’ an old saying may have lost its relevance in present days and Corporal punishment to the child is not recognised by law but that does not mean that a teacher or school authorities have to shut their eyes to any indiscipline act of a student.
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