Supreme Court Monthly Digest: September 2020

Important Judgments/ Orders: 1. [Anti-Dumping Duty] Judicial Review Should Not Be Exercised Virtually As A Continuous Oversight Of Designated Authority Functions: SC Order dated September 1, 2020 Judicial review should not be exercised virtually as a continuous oversight of the DA's functions, observed the bench comprising Justices Arun Mishra, Vineet Saran and S. Ravindra...

Supreme Court Monthly Digest: August 2020

1. SC Directs Centre To Ensure Proper Care For Senior Citizens Living Alone Amidst COVID-19 Order dated August 4, 2020 The Supreme Court directed the Central Government to take appropriate steps to ensure that senior citizens who are living alone amidst the COVID-19 pandemic are given proper care. The bench comprising Justices Ashok Bhushan & R Subhash Reddy recognised...

Supreme Court Monthly Digest: July 2020

1. Dispute As To Inheritance Of Shares Cannot Be Decided In Proceedings U/s 241/242 Of Companies Act, 2013: SC Order dated July 6, 2020 The Supreme Court observed that a dispute as to inheritance of shares cannot be decided in proceedings under section 241/242 of the Companies Act, 2013. The bench comprising Justices Arun Mishra & S. Abdul Nazeer noted that, in Sangramsinh...

Supreme Court Monthly Digest: June 2020

1. Electricity Dues, Where They Are Statutory In Character Under Electricity Act, Cannot Partake The Character Of Dues Of Purely Contractual Nature: SC Oder dated June 1, 2020 The Supreme Court clarified that electricity dues, where they are statutory in character under the Electricity Act and as per the terms & conditions of supply, cannot be waived in view of the provisions...

Supreme Court Monthly Digest: May 2020

1. 'Common Parlance', 'Popular Meaning', 'Marketability' Tests Applicable Only If Tariff Entry Classifiable In More Than One Head: SC Order dated May 1, 2020 The division bench of Justices Deepak Gupta and Aniruddha Bose dismissed the Delhi Central Excise Commissioner's appeals against the 2008 decision of the CESTAT holding that "car matting" would be chargeable to duty at 8%...

Supreme Court Monthly Digest: April 2020

1. [TADA] Confession Of Co-accused Inadmissible Against Another Accused If They Were Tried Separately: SC While interpreting the scope of Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, a Supreme Court bench comprising Justice S. Abdul Nazeer and Justice Deepak Gupta held that if for any reason, a joint trial is not held, the confession of a co-accused...

Supreme Court Monthly Digest : March 2020

1. Second Complaint On Same Facts Not Maintainable : SC [Read Judgment]A Supreme Court bench comprising Justices UU Lalit & Vineet Saran held that a second complaint on same facts as the first complaint shall not be maintainable. The bench pointed out that if the core of both complaints was same, the second complaint ought not to be maintained.(Case : Samta Naidu and Anr vs State of...

Supreme Court Monthly Digest : February 2020

Here is a compilation of major Supreme Court decisions of February, 2020.SC Upholds MP Amendment Which Restored Power To Try Labour Law Offences On Criminal Courts.The Supreme Court upheld the Madhya Pradesh Labour Laws (Amendment) and Misc. Provisions Act, 2002, which restored the power to try offences under labour laws on the regular Criminal Courts.(Case name: State of MP vs....

Supreme Court Monthly Digest [January 2020]

Significant Judgments Of January 2020 Kashmir Lockdown Judgment: [Anuradha Bhasin v. Union ofIndia] A significant take away from the Supreme Court's judgement on Kashmir lockdown is its declaration that freedom of speech and expression and also freedom of trade and commerce through the medium of internet are constitutionally protected rights under Articles 19(1)(a) and...

Supreme Court Monthly Digest- December 2019

Consumer Forums/Commissions Cannot Consider Complaint/Appeal On Merits After Finding That It Is Time Barred M/S. Singal Udyog V. National Insurance Company Ltd. & Ors. The Supreme Court observed that a Consumer Forum/Commission after having come to the conclusion that the complaint/appeal was barred by limitation, could not consider the merits of the matter. The bench...

Supreme Court Monthly Digest- November 2019

SC Keeps Sabarimala Review Pending Till Larger Bench Decides Issues Of Essential Religious Practices Kantaru Rajeevaru V. Indian Young Lawyers Association The Supreme Court by 3 :2 majority, decided to keep the review petitions in Sabarimala matter pending until a larger bench determines questions related to essential religious practices. The majority of CJI Ranjan Gogoi,...

Supreme Court Monthly Digest- October 2019

Succession To Mutawalliship By Descendant Through Female Line Not Barred Md. Abrar vs. Meghalaya Board of Wakf The Supreme Court held that there is no legal bar on cognatic heirs of the waqif from succeeding to mutawalliship. The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Ajay Rastogi reiterated that in order to establish a claim...