Supreme court
Motor Accident Compensation | Supreme Court To Reconsider Judgment Barring Claim Under S.163A MV Act After Dismissal S.166 Claim
The Supreme Court recently (on February 13) referred its decision relating to compensation under the Motor Vehicles Act, Deepal Girishbhai Soni and Ors. vs. United India Insurance Co. Ltd., Baroda (2004) 5 SCC 385, to a larger bench for reconsideration. A three-judge bench in this case held that, where no case is made out for awarding compensation under Section 166 of...
Benefit Of Input Tax Credit Can't Be Reduced Without Statutory Sanction : Supreme Court
The Supreme Court recently held that Rule 21(8) of the Punjab Value Added Tax Rules, 2005, which was notified on January 25, 2014, could not be applied to transactions before April 1, 2014, as the enabling amendment to Section 13 of the parent statute, the Punjab Value Added Tax Act, 2005, was effective from that date.This means businesses that bought goods at a higher tax rate before this...
Supreme Court Directs States To Consider Premature Release Of Convicts When They Become Eligible Even Without Their Applications
The Supreme Court today(February 18) passed certain directions on the power of the Government to remit the whole or part of the sentence of the convicts under Section 432 of the Code of Criminal Procedure, 1973 ('the CrPC') and Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).A bench of Justices Abhay S. Oka and Augustine George Masih held that the power to grant remission...
Supreme Court Allows AYUSH Students To Retain Degrees Though They Didn't Take Admission Through NEET-UG
The Supreme Court recently allowed certain students of under-graduate AYUSH courses to retain their degrees although their admissions were not taken through the NEET-UG exam.A bench of Justices Sudhanshu Dhulia and K Vinod Chandran passed the order, observing that withholding the students' result, after they had completed their course, would cause immense hardship to them."It is true...
S. 34 IPC | Mere Presence At Crime Scene As Spectator Doesn't Establish Common Intention Unless Active Participation Proven: Supreme Court
Observing that mere presence at the crime scene doesn't establish common intention unless active participation is proven, the Supreme Court recently acquitted the husband alleged to have actively participated with his mother in setting his wife ablaze.“A person present on the scene might or might not be guilty by the application of Section 34, IPC. If he is present on the scene for the...
Contractor Can't Be Blacklisted On Mere Allegation Of Contractual Breach Without Anything More : Supreme Court
The Supreme Court recently observed that though an authority has inherent power to blacklist a contractor, such power must be exercised on a reasonable ground. It also observed that even at the stage of issuing a show cause notice, the guiding principles laid by the Court should be followed. “Therefore, the Authority is expected to be very careful before issuing a show cause notice....
Supreme Court Quashes Criminal Defamation Case Over Times Of India Article, Advises Media To Exercise Caution Before Publishing Content
The Supreme Court today(February 18) quashed a 2014 criminal defamation case against Jaideep Bose, the Editorial Director of Bennett Coleman and Co Ltd, which publishes the newspaper Times of India. The Court also quashed the proceedings against co-accused Nergish Sunavala, Swati Deshpande and Neelam Raj, who were working as correspondents/editors at the Times of India then.The Supreme Court...
Test Identification Parade Loses Evidentiary Value When Witness Who Identified Accused Wasn't Examined In Trial : Supreme Court
The Supreme Court recently acquitted an accused after noting that the person who witnessed the accused during the Test Identification Parade (“TIP”) was not examined during the trial. The Court stressed that unless the person who witnessed the accused during the TIP is not examined in trial, then the TIP report which may be useful to corroborate or contradict the witness would lose...
Charitable Trust's Registration For Income Tax Exemption To Be Decided Based On Proposed Activities & Not Actual Activities : Supreme Court
The Supreme Court reiterated that when a charitable trust applies under Section 12-AA of the Income Tax Act (“Act”) for income tax exemptions (under Sections 10 and 11), the tax authorities should decide on the registration based on the charity's "proposed activities" than its actual activities, as stated in the Ananda Social case. The Court, however, clarified that mere registration...
'Even Person Accused Of Heinous Crimes Entitled To Basic Protection Of Law' : Supreme Court Sets Aside Death Penalty For Lack Of Fair Trial
The Supreme Court recently set aside the death sentence of a man accused of killing his wife and 12-year-old daughter, after noting that he was denied a fair trial guaranteed under Article 21 of the Constitution. A bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta allowed the man's appeal, overturning the Allahabad High Court's decision that had convicted him of murder...