Supreme Court Weekly Round-Up

#Aadhaar Linkage Of PAN: SC Says S.139AA Of IT ACT Constitutionally Valid, But Partially Stays Its Operation

Supreme Court of India on Friday upheld the constitutional validity of Section 139AA of Income Tax Act which made mandatory linkage of IT returns with Aadhaar. However the Court partially stayed the operation of the Section subject to the outcome of the Constitution Bench Judgment in the main Aadhaar Case in which the very validity of Aadhaar is challenged. The Bench made it clear that those who don’t have Aadhaar need not apply for it for the purpose of filing IT returns. The Court also said that S.139AA has no retrospective effect.

Wages Withheld Due To Disciplinary Proceedings Can’t Be Restored By The Authority Under The Payment Of Wages Act

The Supreme Court bench of Justices Ashok Bhushan and Deepak Gupta, on May 6, held that the prescribed authority under the Payment of Wages Act(PWA) is not an appellate authority in the disciplinary proceedings and therefore it has no right to sit in appeal and to set aside the order of withholding of increments passed in the disciplinary proceedings. 

While Deciding Cases, Adopt A View Which Subserves Nation’s Economic Interest

Where two views are possible or wherever there is a discretion given to the Court by law, the Court needs to lean in favour of a particular view which subserves the economic interest of the nation, the Supreme Court observed in Shiva Shakthi Sugar Ltd Vs Shri Renuka Sugar Mills Ltd.

Habeas Corpus Petition Filed In SC To Find Missing J&K Constable, Notice Issued

The Supreme Court on Thursday issued a show cause notice to the Centre and the State of Jammu Kashmir on a habeas corpus petition to locate Mr. Sameer Bhat, the Jammu and Kashmir Police constable who went missing last month.

Allahabad HC Verdict Quashing Institutional Preference In AMU, BHC Medical PG Seats Quashed

The Supreme Court quashed the Allahabad High Court’s judgment that quashed institutional preference in Aligarh Muslim University and Banaras Hindu University. The high court had also directed that post-graduate seats in these institutions shall be filled up only from those students who have passed MBBS from institutions, universities and colleges in Uttar Pradesh.