SC Judgments
Delhi High Court Quashes Income Tax Demand Of Rs. 257 Crores Against Tata Steel Ltd.
The Delhi High Court has quashed the income tax demand of Rs. 257 crore against Tata Steel Ltd. (TSL).The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that a successful applicant is, in law, provided with a “clean slate”; therefore, dues for the period prior to the date when the RP was approved cannot be recovered. The courts have recognized this principle in...
Legal Heirs Of Former Ruler Entitled To Annuity After Privy Purse Abolition? Supreme Court Stays Kerala HC Order
The Supreme Court on Friday (15.09.2023), stayed the order of the Kerala High Court that had directed the State Government to pay annuity to the legal heirs of the Malayala Brahmin family that possessed sovereign rights over the territory of Paravur in present day Ernakulam district. A bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah issued notice in the appeal filed by the...
Sedition Law Challenge | Supreme Court Says 1962 Kedar Nath Singh Decision Didn't Consider Article 14 Aspect
In its recent order referring the batch of petitions challenging the constitutional validity of Sedition law under Section 124A of the Indian Penal Code to a bench of at-least five judges, the Supreme Court noted that the judgement in Kedar Nath Singh v. State of Bihar (1962), which had upheld the provisions of Section 124A, had not considered the aspect of Articles 14 of the Constitution in...
Are Civilian Employees Of Armed Forces Unit Run Canteens Government Servants? Supreme Court Refers To Larger Bench
The Supreme Court on Thursday(Sep 14) referred a significant case regarding the employment status of civilian employees working in Unit Run Canteens (URCs) within the Armed Forces to a larger bench. This decision comes in light of conflicting judgments in previous cases, specifically the Mohd. Aslam (2001) and R.R. Pillai's case (2009). In ‘Union of India vs. Mohd Aslam’ reported in [2001]...
Supreme Court Stays Demolition Of Coke Plants Ordered By Deputy Commissioner In Meghalaya
The Supreme Court on Monday issued notice and stayed the demolition of coke plants as directed by Deputy Commissioner, West Khasi Hills District in Meghalaya. It’s accompanied by a directive for the Deputy Commissioner to seal the coke plants, effectively rendering them non-functional until further notice.Earlier in December 2022, based on a PIL, the Meghalaya High Court had ordered that...
UPSC Civil Service Exam : Supreme Court Issues Notice On Plea By 3 Candidates Who Were Denied EWS Reservation Due To Error In Certificate
The Supreme Court on Monday issued notice on a petition filed 3 civil service aspirants who contended that they were denied reservation under the Economically Weaker Section (EWS) category due to a clerical error made in the Certificate by the competent authority. The petitioners said that they were not selected in the Civil Services Examination conducted by the Union Public Services...
Section 41A CrPC Not Applicable To Arrest Made Under PMLA: Supreme Court
The Supreme Court on Monday while dismissing Tamil Nadu Minister Senthil Balaji's plea challenging custody by Enforcement Directorate in the money laundering case, held that Section 41A of the Code of Criminal Procedure, 1973 (Notice of appearance before police officer) would not apply to an arrest made under the Prevention Of Money Laundering Act, 2002."Section 41A of the CrPC, 1973 has got...
'Governor Can't Enter Political Arena, Floor Test Not To Decide Intra-Party Disputes ' : Supreme Court Slams Maharashtra Governor
In relation to the Maharashtra political crisis, the Supreme Court today held that decision taken by the Governor to call for a floor test based on the rebellion of Eknath Shinde-led faction and to direct then CM Uddhav Thackeray to prove his majority on the floor of the House, was wrong.A Constitution bench comprising Chief Justice of India DY Chandrachud, Justice MR Shah, Justice...
TN Highways Act Can't Be Invalidated Due To Variance From RFCTLARR Act As It Has Received President's Assent : Supreme Court
The Supreme Court on Tuesday held that the Tamil Nadu Highways Act 2001 cannot be invalidated on the ground that is provisions are at variance from the Right to Fair Compensation and Transparency in Land Acquisition; Rehabilitation and Resettlement Act, 2013. Since the Tamil Nadu Act has received the assent of the President under Article 254(2) of the Constitution of India, there is no basis...
IBC| Principle Of Commercial Wisdom Not Validate A Decision Taken By CoC In Contravention Of Law : Supreme Court
The Supreme Court has held that the principle of ‘Commercial Wisdom’ of the Committee of Creditors (“CoC”) cannot brush aside the shortcomings of the CoC in cases where decision making was done in contravention to a law which is in force for the time being. The Bench comprising of Justice Dinesh Maheshwari and Justice Vikram Nath, while adjudicating an appeal filed in...
IBC| Ineligibility Of Resolution Applicant As Per S.164(2)(b) Companies Act Can't Be Presumed Unless Competent Authority Declares Disqualification: Supreme Court
The Supreme Court has held that a resolution applicant cannot be rendered ineligible to submit a resolution plan under the Insolvency and Bankruptcy Code, 2016 (“IBC”), by assuming his/her disqualification under Section 164(2)(b) of the Companies Act, 2013, unless a categorical order disqualifying him/her to act as a director of any company is passed by...