Supreme court
What Does `Vacant Land’ Under Section 2 Of Urban Land Ceiling Act Mean? Supreme Court Refers To Larger Bench
The Supreme Court on Tuesday referred the question of the construction, meaning and import of the term ‘vacant land’ contained in Section 2(q) of the Urban Land (Ceiling and Regulation) Act, 1976 to a larger bench. The Ceiling Act was enacted to impose a ceiling on the acquisition of urban property. It imposed a ceiling on ‘vacant land’ in urban agglomeration. The acquisition of...
Supreme Court Questions Gujarat Govt On Time Taken To Decide Remission Applications, Seeks Details Of Pending Petitions For Premature Release
The Supreme Court has asked the State of Gujarat to explain the time span taken to decide applications filed by prisoners seeking remission. The Court further asked the State to inform the number of petitions pending in High Courts and Supreme Court seeking premature release.A bench comprising Justices Abhay S Oka and Pankaj Mithal was hearing a writ petition filed by a prisoner...
Cheque Dishonour Cases - What Should Courts Ask Accused Once Presumption Under S.139 NI Act Is Applicable? Supreme Court Explains
Reiterating the principles relating to the presumption under Section 139 of the Negotiable Instruments Act 1881, the Supreme Court reversed the acquittal of an accused in a case for cheque dishonour.A bench comprising Justices Aravind Kumar and SVN Bhatti observed that there was a "fundamental flaw" in the approach taken by both the Trial Court and the High Court.Summarising the law relating...
Supreme Court To Hear Challenge Against Electoral Bonds Scheme On October 31
The Supreme Court will hear the batch of petitions challenging the Electoral Bonds scheme on October 31, 2023. A bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra heard the preliminary issues today. The petitioners have decided to not argue on the scheme being passed as a money bill as of now since the issue pertaining to money bills is yet to be decided by...
Liberal Approach Be Taken Regarding Delay In Appeals Filed By State : Supreme Court
The Supreme Court, recently (October 9), while deciding over a discretionary order of the High Court granting the prayer for condonation of delay observed that such an exercise of discretion does, at times, call for a liberal and justice-oriented approach by the Courts, where certain leeway could be provided to the State.The Bench comprising Justices Bela M. Trivedi and Dipankar Datta...
Automatic Termination Of Indian Citizenship On Acquiring Another Citizenship Is Unconstitutional: LSE Professor's Plea In Supreme Court
The Supreme Court on Monday issued notice to the Central Government in a petition filed by Constitutional scholar and Public Law Chair at the London School of Economics, Professor Tarunabh Khaitan, challenging the constitutionality of the provisions of the Citizenship Act, 1955 that automatically terminates Indian citizenship upon acquisition of another citizenship.A bench of Justice AS...
Money Bill, Speaker's Powers, Minority Status Of AMU : Issues In 7-Judge Bench Matters Which Supreme Court Will Hear Soon
The Supreme Court will be finishing pre-hearing steps in six 7-judge bench matters on October 12. These matters include exploration of the state's authority to levy additional taxes on dealers, the boundaries of parliamentary and legislative powers, examination of whether religious minorities can administer educational institutions not established by them, legality of 'primary preference'...
Supreme Court Weekly Round-Up (2nd- 8th Oct, 2023)
Judgments/OrdersMere Non-Cooperation To ED Summons Not A Ground For Arrest Under PMLA; ED Can't Expect Admission Of Guilt From Person Summoned: Supreme CourtCase Title: Pankaj Bansal v. Union of India, Basant Bansal v. Union of India Citation: 2023 LiveLaw (SC) 844; 2023INSC866In a significant judgment, the Supreme Court has ruled that a person cannot be arrested by the Directorate of...
Supreme Court Allows Married Woman To Abort Unplanned Pregnancy At 26 Weeks Citing Mental & Financial Reasons
UPDATE ON OCTOBER 11, AFTER UNION'S RECALL APPLICATION - Supreme Court Bench Disagrees On Abortion Of 26-Week Pregnancy Of Married Woman, Refers To Larger BenchThe Supreme Court on Monday (09.10.2023) allowed the medical termination of pregnancy of a married woman who is 26 weeks pregnant. The petitioner, who is a mother of two children, told the Apex Court she is suffering post-partum...
Customs Duty - Undervaluation Must Be Proved By Evidence Of Prices Of Contemporaneous Imports; Else Benefit Of Doubt Goes To Importer : Supreme Court
The Supreme Court has recently highlighted that the transaction value (the price actually paid or payable for the goods) should be the primary basis for customs valuation and that other valuation methods be invoked sequentially only when there is evidence to doubt the correctness of the declared transaction value. A division bench of Justice B.V Nagarathna and Justice Ujjal Bhuyan added that...
Judges' Appointment | After Supreme Court Rebuke, Centre Acts On Certain Pending Collegium Recommendations
The Supreme Court on Monday revealed that almost all of the 70 recommendations made by various high court collegiums had been forwarded by the Centre after the court's last rebuke. A bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia was hearing a petition filed by the Advocates Association of Bengaluru seeking contempt action against the Union Ministry of Law and Justice for...
Supreme Court Dismisses Congress Leader's Plea Challenging ‘First Level Check’ Of EVMs, VVPATs Carried Out By Election Commission
The Supreme Court today refused to entertain a petition challenging the “First Level Check" of Electronic Voting Machines (EVMs) and Voter Verified Paper Trails (VVPATs) conducted by the Election Commission of India in July this yer at eleven district offices in Delhi for their use in the 2024 Lok Sabha polls. A bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj...