Supreme court
TMC's Mahua Moitra Moves Supreme Court Challenging Her Expulsion From Lok Sabha Over Cash-For-Query Allegations
Lok Sabha MP from Trinamool Congress (TMC), Mahua Moitra has approached the Supreme Court challenging her expulsion from the lower house of Parliament in connection with the 'cash-for-query' allegations. 49-year-old Moitra was expelled as a Lok Sabha Member of Parliament (MP) on December 8 following the Ethics panel's determination of her guilt in the 'cash-for-query' case. For...
Justice Kaul Recommends "Truth & Reconciliation Commission" To Report Human Rights Violations In Jammu & Kashmir By State & Non-State Actors
Supreme Court judge Justice Sanjay Kishan Kaul, in his judgment approving the repeal of the special status of Jammu and Kashmir under Article 370 of the Constitution, recommended the setting up of a "Truth and Reconciliation Commission" to investigate and report on the human rights violations carried out by both the State and non-State actors in the Kashmir valley at least since 1980s.In...
Restore Statehood Of Jammu & Kashmir Soon, Hold Elections To J&K Assembly By September 2024 : Supreme Court
The Supreme Court today (11.12.2023) directed the Union Government to expedite the process of restoration of statehood for Jammu and Kashmir (without the Union Territory of Ladakh). The Constitution Bench led by Chief Justice of India DY Chandrachud and composed of Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, upheld the validity of the Union Government's 2019 decision...
Article 370 A Temporary Provision : Supreme Court Upholds Abrogation of Special Status of Jammu and Kashmir
The Supreme Court on December 11 upheld the validity of the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution. The Court held that the State of J&K had no internal sovereignty and the concurrence of the State Government was not required to apply the Indian Constitution to the State of J&K. It was held...
Supreme Court Half Yearly Digest 2023 – Civil Minor Acts
Administrative Tribunals Act, 1985Administrative Tribunals Act 1985 - The relevant State Government has the implied power to issue a request to abolish the SAT in its state to the Union Government. The Union Government in turn has the implied power to rescind the notification by which that SAT was established, thereby abolishing the SAT. (Para 59) Orissa Administrative Tribunal Bar Association...
Supreme Court Sets Aside Motor Accident Compensation Awarded To Elder Brothers Of Deceased; Says They Weren't Dependants
Recently, the Supreme Court, in its order dated December 04, rejected the compensation awarded to the brothers (respondents) of the deceased victim under the Motor Vehicles Act, 1988. The Court did not accept that three older married siblings would be dependent on the victim's earnings. Apart from this, the Court also noted that the victim was living separately and not with his...
Income Tax Act | To Compute Deduction Under S. 80-IA, Market Value Of Electricity Is The Rate At Which State Board Supplies Power : Supreme Court
The Supreme Court has held that for the purpose of computing deduction under Section 80 IA of the Income Tax Act, 1961, the rate at which the State Electricity Board supplies power to the consumers has to be taken as the market value of electricity. Section 80-IA of the Income Tax Act deals with deductions in respect of profits and gains from industrial undertakings or enterprises engaged...
S.498A IPC - Bail Condition That Husband Should Resume Conjugal Life With Wife Can't Be Imposed: Supreme Court
Recently, the Supreme Court observed that while granting anticipatory bail to the accused husband under Section 498A of the IPC, a condition that the husband shall take his wife to his house and maintain and honor her, cannot be imposed.A Division Bench of Justices Bela M. Trivedi and Satish Chandra Sharma was hearing the matter. In the present case, the accused husband (appellant) had...
Delhi Chief Secretary, Though Appointed By Centre, Must Follow Directions Of Delhi Govt On Matters Over Which It Has Power: Supreme Court
In the judgment upholding the power of the Central Government to appoint the Chief Secretary of the Government of the National Capital Territory of Delhi, the Supreme Court observed, "The actions (or inactions) of the Chief Secretary must not put the elected government at a standstill."The judgment, pronounced by a bench led by Chief Justice of India DY Chandrachud on November 29, was uploaded...
Internet Shutdown : Supreme Court Refuses To Entertain Plea By Journalists' Association For Implementation Of 'Anuradha Bhasin' Judgment
The Supreme Court on Thursday (December 7) refused to entertain a plea by the Foundation for Media Professionals, a non-profit organisation, seeking compliance with the Anuradha Bhasin judgment.A bench of Justices BR Gavai, Dipankar Dutta and Aravind Kumar was hearing a miscellaneous application filed through Advocate-on-Record Prateek K Chadha, in the Anuradha Bhasin case, filed by...
'Exchequer Should Not Suffer' : Supreme Court Directs Officers To Reimburse Loss Caused By Their Illegal Decisions
The Supreme Court recently directed certain public servants to reimburse the loss caused to the public exchequer by their illegal decisions. A bench of Justice Hima Kohli and Justice Rajesh Bindal were considering a case where a government employee (Respondent No. 4 in the appeal before the Apex Court) was granted upgradation of pay scale, from the date of his joining. The Court found the...
BREAKING| Supreme Court Seeks Data From Union Government On Illegal Migration To Assam & NE States Post-1971
The Supreme Court on Thursday (December 7) directed the Union Government to furnish data on the inflow of illegal migrants to Assam and North-Eastern states after March 25, 1971.The Court also directed the Centre to inform the steps taken by the Government at an administrative level to deal with illegal immigration into the North Eastern states particularly Assam. Details have to be furnished...