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...

Officer Given Higher Pay Than Others In Same Cadre : Supreme Court Slams Favouritism, Directs Recovery

The Supreme Court recently rebuked the authorities involved in granting a higher pay scale to an employee(respondent No. 4) at the Commission for Scientific and Technical Terminology (CSTT). The Court questioned the apparent collusion between authorities and the employee who received special treatment from the authorities, leading to the unjustifiable grant of a higher pay scale.The...

Supreme Court Releases Videos On Historic 'Kesavananda Bharati' Judgment In 10 Indian Languages

On December 7, 2023 the Chief Justice of India (CJI) DY Chandrachud announced that the Keshavananda Bharti judgement video, commemorating the 50th anniversary of the landmark case, is now available in 10 Indian languages on the Supreme Court's website. CJI Chandrachud emphasized the importance of breaking down language barriers to make the work of the court accessible to a wider section...

Principle Of 'Alter Ego' Or 'Piercing Corporate Veil' Not The Basis For 'Group Of Companies' Doctrine : Supreme Court

While approving the 'group of companies' doctrine in the arbitration law jurisprudence, the Supreme Court clarified that the principle of "alter ego" or "piercing the corporate veil" cannot be the basis for applying this doctrine.The Constitution Bench comprising Chief Justice of India DY Chandrachud, Justice Hrishikesh Roy, PS Narasimha, JB Pardiwala and Manoj Misra was answering a...

Court Can Quash Disciplinary Proceedings Considering Acquittal In Criminal Case On Same Charges : Supreme Court

The Supreme Court in recent judgment discussed the validity of disciplinary proceedings when it is based on same evidence/ witnesses/ circumstances in a criminal case that ended up in acquittal."...mere acquittal by a criminal court will not confer on the employee a right to claim any benefit, including reinstatement... However, if the charges in the departmental enquiry and the criminal...