Apoorva, Author at SCC Times

One time premium received on allotment of completed building to attract 18% GST: Gujarat AAR

The Gujarat AAR said that the lease deed nowhere suggests that the consideration received by the applicant is related to construction of complex, building, civil structure or a part thereof. Thus, the question of this transaction falling within the ambit of Sl. No. 5(b), Schedule II, does not arise.

unregistered agreement to sell as evidence

Case Briefs Supreme Court

Unregistered agreement to sell an admissible evidence in a suit for specific performance; Supreme Court upholds Madras High Court Judgment

Supreme Court said that as per proviso to Section 49 of the Registration Act, 1908 an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance under Chapter-II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrument, subject to Section 17(1A) of the Registration Act.

Case Briefs High Courts

Allahabad HC grants bail to road accident accused on a condition that he stands near AIIMS holding placards and distributes helmets

Allahabad High Court said that joy ride of four friends converted into a tragic ride, wherein one friend died. The applicant and other co-accused appears to be negligent as they, despite being adult boys, have not discharged their duty to help injured friend in order to provide proper medication.

Case Briefs High Courts

Criminal proceedings under S. 376 IPC and POCSO cannot be quashed based on compromise entered between accused and victim, Allahabad High Court reiterates

Allahabad High Court said that the power of quashing criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of the rare cases.

Powers of High Court under Section 482 of CrPC

Case Briefs Supreme Court

High Courts have very limited jurisdiction at the stage of discharge or while exercising its powers under S.482 CrPC: Supreme Court

The Supreme Court held that Punjab & Haryana High Court has exceeded in its jurisdiction in quashing the entire criminal proceedings in exercise of the limited powers under Section 482 CrPC and/or in exercise of the powers under Article 226 of the Constitution

Case Briefs High Courts

Objectionable Facebook comments against Lord Shiva: Allahabad High Court refuses to quash proceedings

Allahabad High Court said that offences of the kind that have a tendency to promote hatred between classes of people or communities, have to be put down with a heavy hand. These offences cannot be permitted to flourish in society by adopting a soft-pedalling approach at the cost of widespread damage to the community.

Case Briefs High Courts

Madras High Court directs Passport Office to process passport application of Sri Lankan refugee

A refugee is neither here nor there. His fate hangs in the balance. He is at some point above ground level in the air in a supportless state – Kraiavin tarkalat tamil akarati

Case Briefs High Courts

Allahabad HC frames Contempt charges against Kanpur Lawyers for continuing strike despite Court orders

7-Judge Bench of Allahabad High Court said that the Kanpur Lawyers by using abusive unparliamentary language and outrageous behavior during the strike period, scandalised and lowered the authority of the Court and undermined the sanctity of the Institution and the dignity of the entire district judiciary, have committed the contempt of Court.

Case Briefs High Courts

Procedures for empanelment of lawyers in Banks not in compliance with Constitutional mandate; Madras HC directs Nationalised Banks to reform their system of selection

Madras High Court said that whether it is contractual employment, temporary engagements or otherwise, the procedure to be adopted by Banks must be transparent and in compliance with the mandates of the Constitution.

Case Briefs Supreme Court

[Enrolment fees] Supreme Court issues notices to Union Government, Bar Council of India and State Bar Councils

Supreme Court will be examining the validity of exorbitant enrolment fees charged by State Bar Councils

Case Briefs High Courts

Accused cannot rid themselves of liability by saying that they secured arms licenses through Arms dealer: Allahabad High Court

Allahabad High Court said that the proceedings involve the widespread issue of fake arms licenses, and it is natural that insiders in the Collectorate Office would also be involved in a matter of this magnitude.

Case Briefs High Courts

Insurance Companies have right to repudiate claim on non-disclosure of existence of previous policies during taking any fresh policy: Allahabad High Court

Allahabad High Court rejected the contention of the petitioner that since forms are filled up by the agents/officers of LIC, anything omitted would not constitute ground for repudiation/rejection of the claim.

Case Briefs High Courts

Kanpur Bar Association Strike| Seven-Judge Bench of Allahabad HC directs Kanpur Lawyers to resume work

7-Judge Bench of Allahabad High Court said that despite sincere efforts being made by this Court, the lawyers are adamant not to perform their work in the Court and their actions are creating hurdle in dispensation of justice, which is nothing but a sort of contempt of Court.

Case Briefs High Courts

Allahabad High Court condemns ASI for not filing carbon dating report of Shivlingam inside the Gyanvapi Mosque

Allahabad High Court said that things cannot be kept pending for long when the matter has an element of high publicity all over the country. This Court will not permit any authority to occasion delay on the pretext of the submission of the desired report of the Archaeological Survey of India.

Case Briefs Supreme Court

28 years later, Supreme Court sets aside death penalty of man, after finding him juvenile during the commission of multiple murders

Supreme Court said that the degree or dimension of the offence should not be the direct approach of the Court in its inquiry into juvenility of an accused or convict.

Case Briefs High Courts

‘No prohibited animal or any meat of progeny of cow has been recovered’; Allahabad HC grants anticipatory bail to accused in Cow Slaughter case

Allahabad High Court said that keeping cows and calf as pet animals is a common practice in the villages irrespective of caste, creed and religion

Case Briefs High Courts

Madras HC directs State to pay Rs. 2 Lakh compensation to woman falsely accused of immoral trafficking

Madras High Court held that the right of privacy and reputation of the petitioner have been sullied by the act of the police officials for which the State is certainly responsible.

Case Briefs High Courts

Madras High Court directs State to constitute District Medical Board for issuing medical certificates for undergoing surrogacy

While the constitutionality of the Surrogacy (Regulation) Act, 2021 is pending consideration before the Supreme Court, Madras High Court noted that even those who are eligible under the Act are not able to have their treatment procedures done because the authorities concerned are unaware of the procedures to be followed.

Case Briefs Supreme Court

Courts cannot prescribe qualification or declare equivalency of a course, unless the rule itself prescribes equivalency; Supreme Court reiterates

Supreme Court said that the denial of promotion was on the ground that candidates do not possess the prescribed requisite qualification namely “Diploma in Civil Engineering”, and not because they possess a two-year diploma not three-year diploma.

Case Briefs High Courts

[Non-supply of Inspection Report] Allahabad High Court declares State Government order, cancelling mining lease as arbitrary

Allahabad High Court said that the proceedings against the petitioner based only on inspection report is arbitrary.