Supreme court
Supreme Court Criminal Digest September 2023
Bail - One cannot apply one bail order to all the other subsequent cases. (Para 8) PACL v. Central Bureau of Investigation, 2023 LiveLaw (SC) 747 : 2023 INSC 795Can anticipatory bail be granted to proclaimed offender? only in exceptional & rare cases, holds the Supreme Court. State of Haryana v. Dharamraj, 2023 LiveLaw (SC) 739 : 2023 INSC 784Certified copy can be produced to prove...
Agreement To Sell Doesn't Transfer Ownership Rights Or Confer Title : Supreme Court
The Supreme Court reiterated that an agreement to sell does not transfer ownership rights or confers any title."Agreement to Sell is not a conveyance; it does not transfer ownership rights or confers any title," observed a bench comprising Justices Vikram Nath and Rajesh Bindal.Therefore, the bench held that the agreement to sell was not barred under the Karnataka Prevention of Fragmentation...
Deviation From Plain Terms Of Contract Warranted Only When It Serves Business Efficacy Better: Supreme Court
The Supreme Court recently reiterated the need of interpreting commercial contracts in alignment with the original intent of the parties involved. It also opined that a deviation from the plain terms of the contract is warranted only when it serves business efficacy better.Reliance was also placed on the Transmission Corporation of Andhra Pradesh Ltd v. GMR Vemagiri Power Generation...
'Past Conduct Not Always A Factor When Imposing Death Penalty' : Supreme Court Commutes Death Sentence
Last week, the Supreme Court set aside the death sentence of a man accused, along with others, of firing on and killing multiple people over suspected political enmity in Uttar Pradesh’s Muzaffarnagar, observing that although the crime fell in the ‘rarest of rare’ category, the death row convict was not beyond reformation. His recidivism had factored in with the confirming...
UP VAT Act | Definition Of “Goods” Under Sec. 2(m) And Sec. 13(1)(f) Includes Taxable As Well As Exempted Goods: Supreme Court
The Supreme Court has held that the definition of “Goods” under Section 2(m) of Uttar Pradesh Value Added Tax Act, 2008 (“UP VAT Act”) includes both taxable as well as exempted goods. Similarly, the word “goods” under Section 13(1)(f) of the UP VAT Act cannot be said to be qualified by the word “taxable”.The Bench comprising the Chief Justice Dr. Dhananjaya Y. Chandrachud,...
Need To Separate The Chaff From The Grain Only Where Testimony Is Partly Reliable And Partly Unreliable : Supreme Court
The Supreme Court, recently (On November 08), while setting aside a conviction in a murder trial, reiterated the well-established law that there are three types of witnesses-, one those who are wholly reliable, second one is wholly unreliable, and lastly, the one who are neither wholly reliable nor wholly unreliable. The reliance was placed upon the landmark decision of Vedivelu Thevar v....
Supreme Court Explains Application Of SAFEMA After Detention Order Under COFEPOSA Has Been Revoked
The Supreme Court, recently (On November 10), held that provisions of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) would apply to every person against whom an order of detention has been passed under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 19742 (COFEPOSA) unless it comes under exception given in proviso...
Bar Council Of India Should Obtain English Translation Of Documents In Disciplinary Proceedings : Supreme Court
The Supreme Court recently held that the Rules framed by the Bar Council of India regarding Disciplinary Proceedings, require the Bar Council to call for the English translation of documents which are not in English.In this context, a bench of Justice Abhay S Oka and Justice Pankaj Mithal, said that since Disciplinary Committee deals with the issue of misconduct of a member of the Bar, it...
Every Court Has High Pendency, Constitutional Courts Should Avoid Fixing Time-Schedule For Cases Unless Exceptional: Supreme Court
Every Courts in the country has a huge pendency and hence the Supreme Court and the High Courts should refrain from fixing a time-bound schedule for disposal of any cases except in extra-ordinary circumstances, observed the Supreme Court recently.A bench of Justices Abhay S Oka and Pankaj Mithal made this observation while turning down a plea seeking a direction for disposal of a criminal...
UP VAT Act | Assessee Entitled To Claim Full Input Tax Credit On Exempted Goods Produced As By-Products Or Waste Products During Manufacturing Of Taxable Goods : Supreme Court
The Supreme Court while relying on Explanation (iii) to Section 13 of Uttar Pradesh Value Added Tax Act, 2008 (“UP VAT Act”), has held that if during the manufacture of any taxable good any tax exempted goods are produced as by-product/waste product, then it shall be deemed that the goods purchased from within the State for such manufacturing have been used in manufacture of taxable...
Airlines Bound By Time Schedule Promised By Its Travel Agent : Supreme Court
The Supreme Court held that an authority is bound by the promise held by its agent under the Indian Contract Act. The Apex Court held so in the context of a consumer dispute, where Kuwait Airways, through its agent, Dagga Air Agents, had fixed a schedule of 7 days for delivery of certain goods. The Court held that the Airline was liable to pay the complainant damages for delay in delivering...
Krishna Janmabhoomi-Shahi Eidgah Dispute | Supreme Court Declines Mosque Committee's Request To Stay Proceedings Before Allahabad High Court
In the latest development in the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the Supreme Court on Friday (November 10) refused to suspend the ongoing proceedings before the Allahabad High Court which is hearing multiple suits seeking various reliefs, including declaration, injunction, and the right to worship at the mosque site as well as the removal of the structure.A bench of...