Frame Policy To Phase Out Heavy Duty Diesel Vehicles & Replace Them With BS-VI Vehicles : Supreme Court Directs Centre

The Supreme Court on Thursday (January 11) directed that the Union of India should formulate a policy of phasing out heavy-duty diesel vehicles and replacing them with BS VI vehicles. The policy should be framed within a period of six months from today.The Court asked the Union to examine the recommendations made by the Environment Pollution(Prevention and Control) Authority, which has been...

GM Mustard Case | Supreme Court Expresses Displeasure At GEAC Not Considering Expert Committee Report

During the hearing of the petitions against Genetically Modified (GM) mustard, the Supreme Court on Thursday (January 11) expressed displeasure at Genetic Engineering Appraisal Committee (GEAC) not considering the recommendations of the Court appointed expert committee before taking its decision in October 2022 to release the GM mustard variety into the environment.The Technical Expert...

Supreme Court Allows Recovery Of Wrong Benefits From Retired Govt Officers

The Supreme Court in a recent decision while deciding on a Civil Appeal preferred by a superannuated Ayurvedic and Unani Medical Officer appointed on an ad-hoc basis, held that the state government is entitled to do the recovery of entitlements received by the officer as the entitlement so received were granted pursuant to the order dated 4th August 2011 issued by the Principal Secretary that...

NGT Not Supposed To Apply Strict Rigours Of CPC When Citizen Approaches With Grievance : Supreme Court

The Supreme Court (on January 04) expressed dissatisfaction with the NGT's approach while dismissing an application. The application alleged that a waterbody/pond was being filled up. However, the NGT summarily dismissed the same without holding any inquiry. The Tribunal's findings were based only on certain photographs. Discontent with the same, the Apex Court observed that when...

S.319 CrPC | Supreme Court Affirms Summon Orders Against Police Officials Accused Of Corruption; Finds Prima Facie Case

The Supreme Court recently upheld an application under Section 319 of the Code of Criminal Procedure, 1973 filed against the police officials accused of corruption. This Section talks about the power to proceed against other persons appearing guilty of offence. While doing so, the Top Court affirmed the Trial Court as well as the impugned order of the Punjab and Haryana High...

'Being Junior At Bar No Immunity': Supreme Court Asks Lawyer To Apologise To High Court To Seek Relaxation Of Costs Imposed

The Supreme Court on (January 08), in a case where the Gauhati High Court imposed costs of Rs 20,000 on an advocate for his attempt to mislead the court, requested the High Court to reconsider the same after the advocate tenders an unconditional apology. Additionally, the Top Court considered that the advocate was a junior at the Bar. Conditional on the lawyer tendering an...

Buyer Not Complying With Timeline For Payment Can't Seek Specific Performance Of Agreement To Sell : Supreme Court

The Supreme Court in a recent decision held that when a contract stipulates a specific time frame within which the consideration needs to be paid by the 'buyer' to execute the 'agreement to sale' by the 'seller', then the buyer must strictly adhere to such condition, otherwise, the 'buyer' can not avail a remedy of specific performance of the sale deed. Reversing the concurrent judgments...

Judicial Officers' Allowances Enhanced With Supreme Court Accepting SNJPC Recommendations : Read Key Points

Recently, the Supreme Court has directed the state governments to pay the arrears to judges in terms of enhanced pay scales as per the recommendations of the Second National Judicial Pay Commission (SNJPC). Most of these recommendations have been accepted by the Top Court. These allowances have to be paid on or before February 29, 2024.“All States and Union Territories shall now act in terms...

Hiring Of Motor Vehicle Or Cranes Is Not 'Sale Of Goods' If Control Over Equipment Is Retained By Contractor, VAT Can't Be Levied: Supreme Court

The Supreme Court has held that the hiring of motor vehicles/cranes from a contractor is a service and would not attract Sales Tax or Value Added Tax (VAT) assuming the transaction to be sale of goods. The Court clarified that transfer of right to use the goods not only includes possession but also control over goods by the user. If the control over the goods remains with the contractor...

Supreme Court Annual Digest 2023 -Indian Penal Code 1860

Indian Penal Code 1860Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly”...

Definition Of 'Manufacture' U/s 2(e)(1) Of UP Trade Tax Act Does Not Include Blending And Packaging Tea : Supreme Court

Recently, the Supreme Court has held that definition of 'manufacture' under Section 2(e)(1) of the U.P. Trade Tax Act, 1948 does not include blending and packaging tea. Distinguishing the judgment delivered by a three-judge bench of the Supreme Court in Chowgule & Co. Private Limited and Anr. vs. Union of India and Others, the bench comprising of Justice B.V. Nagarathna and Justice...

Judicial Service Not Equal To Other Govt Services; Judicial Officers' Service Conditions Must Be Uniform Across Country : Supreme Court

Observing that judicial service cannot be equated with the service of other officers of the Government, the Supreme Court rejected the argument that the pay and allowances of judicial officers and other government officers should be equivalent.The Court made this observation in the judgment passed in the All India Judges Association case directing the States to implement the recommendations...