Complete Supreme Court Yearly Digest Part-12 [Last Part]

TTax on Paper LotteriesTax on Paper Lotteries Act, 2005 (Kerala) - Tax on Lotteries Act, 2004 (Karnataka) - Constitutional Validity upheld - Karnataka and Kerala State Legislatures possessed legislative competence to enact such Acts. (Para 124) State of Karnataka v. State of Meghalaya, 2022 LiveLaw (SC) 309 : 2022 (5) SCALE 262Telegraph Act, 1885Telegraph Act, 1885 - Section 7B - Existence of...

Complete Supreme Court Yearly Digest Part-11

Service LawAcquittal in Criminal CaseDisciplinary Proceedings - Acquittal in Criminal Case - The acquittal of the accused in a criminal case does not debar the employer from proceeding in the exercise of disciplinary jurisdiction - In a prosecution for an offence punishable under the criminal law, the burden lies on the prosecution to establish the ingredients of the offence beyond...

Complete Supreme Court Yearly Digest Part-10

RRajiv Gandhi Assassination CaseRajiv Gandhi Assassination Case - Supreme Court orders premature release of all 6 convicts. R.P. Ravichandran v. State of Tamil Nadu, 2022 LiveLaw (SC) 954Ratio DecidendiRatio Decidendi - Final relief granted need not be the natural consequences of the ratio decidendi of its judgment. (Para 26) B.B. Patel v. DLF Universal Ltd; 2022 LiveLaw (SC) 90 : AIR 2022 SC...

Complete Supreme Court Yearly Digest Part-9

PPayment of Gratuity Act, 1972Payment of Gratuity Act, 1972; Sections 2(e) and 13A - Payment of Gratuity (Amendment) Act, 2009 - Constitutional validity of the amendment to Section 2(e) and insertion of Section 13A upheld - The amendment with retrospective effect is to make the benevolent provisions equally applicable to teachers - It seeks to bring equality and give fair treatment to...

Complete Supreme Court Yearly Digest Part-8

MMaintenance and Welfare of Parents and Senior Citizens Act, 2007Maintenance and Welfare of Parents and Senior Citizens Act, 2007; Section 23 - Effecting transfer subject to a condition of providing the basic amenities and basic physical needs to the transferor – senior citizen is sine qua non for applicability of Section 23(1) - When it is alleged that the conditions mentioned in Section...

Complete Supreme Court Yearly Digest Part-7

Insolvency and Bankruptcy Code, 2016Insolvency and Bankruptcy Code, 2016 - Appeal challenging NCLAT order which reversed the order of the NCLT wherein it had held that the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 was not time-barred - Allowed - The failure of the NCLAT as the first appellate authority to look into a very vital aspect such as this, vitiates...

Complete Supreme Court Yearly Digest Part-6

ElectricityElectricity - A basic amenity of which a person cannot be deprived - Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue no objection certificate. All that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question. Dilip v. Satish, 2022...

Complete Supreme Court Yearly Digest Part-5

Constitution of Special CourtsConstitution of Special Courts - The State and Central Governments will have to comply with the directions issued by this Court from time to time with respect to constitution of special courts. The High Court in consultation with the State Governments will have to undertake an exercise on the need for the special courts. The vacancies in the position of...

Complete Supreme Court Yearly Digest Part-4

Commercial Courts Act, 2015Commercial Courts Act, 2015 - Mediation lightens the load of the judges- Section 12A contemplated only for a class of suits not requiring urgent relief- suits which contemplate urgent interim relief, the Law-giver has carefully vouch-safed immediate access to justice as contemplated ordinarily through the courts. The carving out of a class of suits and selecting...

Complete Supreme Court Yearly Digest Part-3

Code of Criminal Procedure 1973Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that the...

Complete Supreme Court Yearly Digest 2022- Part-2

Code of Civil Procedure, 1908Code of Civil Procedure, 1908; The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. (Para 26.1) Prakash Corporates v. Dee Vee Projects Ltd., 2022 LiveLaw (SC) 162 : AIR 2022 SC 946 : (2022) 5 SCC 112Dominus LitusCode of Civil Procedure, 1908 - Plaintiff is...

Complete Supreme Court Yearly Digest 2022 Part-1

AAadhaarAadhaar Act 2016 - UIDAI directed to issue Aadhaar cards to sex workers without insisting proof of residence. Budhadev Karmaskar v. State of West Bengal, 2022 LiveLaw (SC) 525Act of GodAct of God - Meaning - When nothing of any external natural force had been in operation in a violent or sudden manner, the event of the fire in question could be referable to anything but to an act of...