'Premature For High Court To Opine On Tax Evasion' : Supreme Court Sets Aside HC Order Which Quashed Notice Under Section 130 CGST Act

Observing that it was "premature" on the part of the High Court to quash a show-cause notice issued under Section 130 of the Central Goods and Service Tax Act by invoking Article 226 jurisdiction, the Supreme Court recently set aside an order passed by the Punjab and Haryana High Court.The Supreme Court noted that there were allegations about evasion of tax and hence it was premature on the...

Land Cannot Be Kept Under Temporary Acquisition For Years, It Violates Right To Property Under Article 300A : Supreme Court

The Supreme Court bench comprising Justices MR Shah and MM Sundresh have held that, “to continue with the temporary acquisition for number of years would be arbitrary and can be said to be infringing the right to use the property guaranteed under Article 300A of the Constitution of India. Even to continue with the temporary acquisition for a longer period can be said to be...

Joining Disciplined Force After Suppressing Criminal Cases A Grave Misconduct : Supreme Court Approves Removal Of CISF Personnel

Observing that entering the service of a disciplined force like CISF by suppressing criminal cases is a "gross misconduct", the Supreme Court approved the dismissal of a personnel.The bench comprising of Justices Ajay Rastogi and Bela M. Trivedi held that the power of judicial review exercised by a Court or a Tribunal against the orders of a departmental enquiry committee is only limited...

A Person Cannot Be Deemed To Be In Service When First Dismissal Order Is In Force: Supreme Court

The Supreme Court Bench comprising Justices Krishna Murari and Bela M Trivedi has held that when the first dismissal order against a person in service is in force, irrespective of all pending litigations or his age of superannuation, he cannot be deemed to be continuing in service. Factual background of the Civil Appeal including its Judicial HistoryThe brief facts of the appeal goes that...

Difference In Pay-scale Based On Academic Qualifications Valid Even If Nature Of Work Is The Same : Supreme Court

The Supreme Court bench comprising Justices MR Shah and CT Ravi Kumar have held that academic qualifications are a valid criteria to differentiate pay scale for different employees even when the nature of the work undertaken by them is more or less the same. Issue posed before the Top CourtThe issue before the top court was, "Whether in a case where the educational qualifications for the post...

Sec 24(2) RFCTLARR Act - Benefit Of Lapse Not Available If Delay In Taking Possession Was Due To Pending Litigation: Supreme Court

The Supreme Court bench comprising Justices MR Shah and CT Ravi Kumar has held that delay in taking possession of land because of a pending litigation does not entitle the original owner of the land the benefit of lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Facts of the Civil Appeal with its...

Grant Of Remission - Presiding Judge Should Give Adequate Reasons While Giving Opinion Under Section 432(2) CrPC : Supreme Court

The Supreme Court Bench comprising Justices Dinesh Maheshwari and Bela M. Trivedi held that while giving opinion regarding grant of remission under Section 432(2) Cr.P.C. the Presiding Judge needs to give reasons with regard to the factors to be taken into consideration as laid down by the Supreme Court in the case of Laxman Naskar vs. Union of India.Facts of the Criminal Writ Petition in Brief ...

Party Estopped From Questioning Amount Levied As Per Contract After Signing It : Supreme Court

The Supreme Court has held that signing a contract and issuing an undertaking in accordance with the contract would estop the parties from challenging the amount of consideration as specified within the terms of the contract. The issue before the Supreme Court bench comprising Justices S Ravindra Bhat and PS Narasimha in this Civil Appeal was whether a party to a contract is entitled to...

Supreme Court Bench Delivers Split Verdict In Civil Appeal From Specific Performance Suit

The Supreme Court bench comprising Justices MR Shah and BV Nagarathna delivered a split verdict in a civil appeal arising out of a suit seeking specific performance of an agreement of sale. Brief Facts leading to the Civil Appeal with its Judicial HistoryThe brief facts leading to the Civil Appeal are that the plaintiff and the defendants had entered into an agreement to sell dated...

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court

The Supreme Court has reiterated that Section 300 CrPC bars the trial of a person not only for the same offence but also for any other offence on the same facts.The court was hearing a Criminal Appeal that was filed assailing the judgment and order passed by the High Court of Kerala in Criminal Appeal Nos. 947 and 948 of 2009 by which the judgment of conviction and order of sentence passed...

Supreme Court Quarterly Digest on Motor Vehicles Act [July - September, 2022]

Motor Accident Claims - The owner of the vehicle is expected to verify the driving skills and not run to the licensing authority to verify the genuineness of the driving license before appointing a driver. Therefore, once the owner is satisfied that the driver is competent to drive the vehicle, it is not expected from the owner thereafter to verify the genuineness of the...

The State of Manipur & Ors. v. Surjakumar Okram & Ors- 2022 LiveLaw(SC) 113 - Repeal Of Statute -Saving Clause Of Unconstitutional Law

2022 LiveLaw (SC) 113 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION L. NAGESWARA RAO, J; B.R. GAVAI, J; B.V. NAGARATHNA, J. Civil Appeal Nos. 823-827 of 2022 (Arising out of SLP (C) Nos.2001-2005 of 2021) W I T H Civil Appeal Nos. 828-832 of 2022 (Arising out of SLP (C) Nos.2386-2390 of 2021) February 01, 2022 The State of Manipur & Ors. v. Surjakumar Okram...