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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This column will list all the case briefs on the decisions of the Supreme Court
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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“Revenue record is not a document of title”; Mere mentioning of name in revenue records will not create any right, title or interest over forest land: SC
“It would be sufficient to describe the limits of the forest by roads, rivers, ridges or other well-known or readily intelligible boundaries for notification Section 4 of the Forest Act…specific details are not required.”
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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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‘Half a century old litigation, we wish it is the knock out round!’ SC holds objections can’t be raised in instalments; Res judicata applicable on execution proceedings
“…the case on hand is fit to be included in the syllabus of a law school as a study material for students to get equipped with the various provisions of the Code relating to execution.”
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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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Municipal Council Delhi, whether owner or licensee of the land transferred by the Government? Supreme Court clarifies nature of the title
“…the letters dated 21-05-2008 and 08-07-2008 are interdepartmental communication and not any policy decision or circular meant for public. Thus, such interdepartmental communications are not the enforceable orders of the Union or of the Council.”
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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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Law on Specific Performance | For purpose of passing a decree of specific performance, what is essential? SC explains
Supreme Court: Stating that readiness and willingness are necessary for the purpose of passing a decree of specific performance, Division Bench of
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Environmental Watchdog | NGT could act upon a letter written to it but cannot be triggered suo motu on learning about an environmental exigency? Supreme Court Verdict
Whether the National Green Tribunal has the power to exercise Suo Motu jurisdiction in discharge of its functions under the NGT Act, 2010?
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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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