Supreme court
U.P. Trade Tax Act | 'Tinted Glass' To Be Taxed As “Goods Or Wares Made Of Glass”, As it is Different from 'Plain Glass': Supreme Court
The Supreme Court has held that 'Tinted Glass Sheet' is different from 'Plain Glass sheet' and is thus liable to be taxed as “goods or wares made of glass” under Entry 4 of Notification No.5784 dated 07.09.1981, issued by State Government. Accordingly, the manufacturer of Tinted Glass is liable to pay tax @15% on such goods. The Bench comprising Justice S. Ravindra Bhat and Justice...
'No Immediate Threat To Mother's Life; No Foetal Abnormality' : Supreme Court Rejects Married Woman's Plea To Abort 26-Week Pregnancy
The Supreme Court today (16.10.2023) rejected the plea of a married woman to abort her third pregnancy which has crossed 26-week on the ground that she was suffering from post partum psychosis after her previous delivery in September 2022. The order was passed by a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra.Noticing that the pregnancy had crossed 24...
Supreme Court Gives Relief To Person With Colour Blindness, Asks TANGEDCO To Appoint Him As Assistant Engineer
The Supreme Court on Monday (October 16) granted relief to a person with 'colour blindness' by directing the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) to appoint him as an Assistant Engineer (Electrical) at an appropriate grade of pay. The person had appealed to the Supreme Court after TANGDECO denied him appointment in the post of Assistant Engineer (Electrical)...
Supreme Court Refers Electoral Bonds Case To Constitution Bench
The Supreme Court on Monday (October 16) referred the petitions challenging the anonymous electoral bonds scheme to a Constitution Bench of five judges."In view of the importance of issue raised, and with regard to Article 145(4) of the Constitution of India, the matter be placed before a bench of at least five judges," Chief Justice of India DY Chandrachud pronounced this morning when the...
Practice Of Conferring Senior Designation On Advocates Not Arbitrary Or Unreasonable : Supreme Court Rejects Challenge
The Supreme Court on Monday (October 16) upheld the practice of designating senior advocates, affirming the constitutional validity of Sections 16 and 23(5) of the Advocates Act, 1961. Section 16 of the Advocates Act says, "there shall be two classes of advocates, namely, senior advocates and other advocates" and says that the Supreme Court and the High Courts can confer senior...
Decide Remission Applications Without Delay : Supreme Court To Chhattisgarh Govt
In a recent ruling by the Supreme Court of India, a case involving the belated grant of permanent remission, the Court urged the Chhattisgarh State Government to ensure that such cases are considered without unnecessary delays, following the government's policy. The Court noted that the petitioner was released and the Secretary had tendered his apology for belated remission.It observed...
Homebuyers Who Secure RERA Decrees Can't Be Treated Differently From Other Financial Creditors Under IBC : Supreme Court
The Supreme Court has held that homebuyers cannot be treated differently from other "financial creditors" under the Insolvency and Bankruptcy Code (IBC) 2016 just because they have secured orders from the authority under the Real Estate (Regulation and Development) Act 2016.A bench comprising Justices S Ravindra Bhat and Aravind Kumar set aside an order of the National Company Law...
United Commercial Bank Officers' Regulations | Disciplinary Proceedings Begin Only After Service of Chargesheet : Supreme Court
The Supreme Court recently held that disciplinary proceedings are considered to begin only after the service of a chargesheet and not show cause notice as per the United Commercial Bank Officer, Employees (Discipline and Appeal) Regulations 1976. The case pertained to a former bank officer of the UCO Bank who had faced disciplinary action even after reaching the age of superannuation.The...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index[September 1 – 10, 2023]
Citations: 2023 LiveLaw (SC) 737 To 2023 LiveLaw (SC) 762SUBJECT WISE INDEXArmyBSF Act - Even if an officer pleads guilty of misconduct, the court has to satisfy that confession is voluntary. Union of India v. Jogeshwar Swain, 2023 LiveLaw (SC) 758 : 2023 INSC 802BailBail - One cannot apply one bail order to all the other subsequent cases. (Para 8) PACL v. Central Bureau of Investigation,...
POCSO Act | State Must Provide 'Support' Persons' For Child Victims; It Can't Be Left To Parents' Discretion: Supreme Court
The Supreme Court has underlined that the State has the obligation to provide 'support persons' as per the Protection of Children from Sexual Offences (POCSO) Act 2023 to child victims of sexual offences and that the appointment of support persons cannot be made optional. The need for support persons should not be left to the discretion of the parents of the child victims, the Court...
Principles Relating To Plea & Alibi & Delaying In Registering FIR : Supreme Court Explains
A Division Bench of the Supreme Court, comprising Justices Abhay S. Oka and Sanjay Karol, recently affirmed the conviction of 9 accused persons of the crime committed by them back in 1988. It may be relevant to point out that the bail was granted to the accused persons by the Supreme Court in the year 2012 and thus, now they have been directed by the Top Court to surrender...
NDPS Act | If Samples Are Drawn Violating Section 52A, Trial Stands Vitiated : Supreme Court
The Supreme Court on Friday (13.10.2023), set aside the order of the High Court that had sentenced a man to 10 years' imprisonment for being found in possession of commercial quantities of heroin. The Apex Court set aside the order on the ground that the NCB authorities failed to show that the seized contraband were drawn in the presence of a Magistrate and that the inventory of the ...