Supreme court
Consumer Protection Act | If Commercial Use Is By Purchasers Themselves For Earning Livelihood By Self-Employment, They'll Be 'Consumers' : Supreme Court
The Supreme Court has ruled that a person buying goods either for resale or for use in large-scale profit-making activity, will not be a ‘consumer’ entitled to protection of the Consumer Protection Act, 1986. However, if the commercial use is by the purchasers themselves for the purpose of earning their livelihood by means of self-employment, such purchasers of goods would continue to...
What Is Cruelty For A Woman May Not Be Cruelty For A Man, More Broad Approach Needed When Wife Seeks Divorce : Supreme Court
While allowing a petition filed by an estranged wife seeking divorce, the Supreme Court on Wednesday (06.09.2023) said that the word ‘cruelty’ under Section 13(1)(ia) of the Hindu Marriage Act Act gives wide discretion to Courts ‘to apply it liberally and contextually’. While interpreting the meaning of cruelty, the Court said that what is cruelty for a person, may not be cruelty...
Last Seen Theory Can Be Invoked Only If It Stands Proved Beyond Reasonable Doubt : Supreme Court Acquits Murder Accused
The Supreme Court observed that the ‘last seen’ theory can be invoked only when the same stands proved beyond reasonable doubt."The burden on the accused would kick in, only when the last seen theory is established. In the instant case, that itself is in doubt.", the bench comprising of Justices said while acquitting the accused in a murder case. In this case, the accused was acquitted by...
High Courts Cannot Refuse To Follow SC Judgment On Ground Of Review/Reference Pending Against It; In Case Of Conflicting Judgments, Follow Earlier One : Supreme Court
The Supreme Court has clarified that the High Courts cannot refuse to follow its binding judgment on the ground that a reference has been made against it to the larger bench or a review is pending against it.It observed, “We are seeing before us judgments and orders by High Courts not deciding cases on the ground that the leading judgment of this Court on this subject is either referred to...
IBC - Liquidator Can't Cancel Valid Auction On Mere Expectation Of Fetching Higher Price; No Unfettered Discretion : Supreme Court
The Supreme Court on Wednesday held that even though the highest bidder in an auction sale under the Insolvency and Bankruptcy Code 2016 has no indefeasible right to demand acceptance of his bid, the liquidator, if such a bid is rejected must furnish reasons for the same in the rejection order. A division bench of Justice B V Nagarathna and Justice Ujjal Bhuyan held that the mere expectation...
Supreme Court Half Yearly Digest 2023 [Code of Criminal Procedure, 1973]
Code of Criminal Procedure, 1973 - Difference in the power of Police to register and investigate an FIR under Section 154(1) read with 157 of the Code, and the Magistrate’s direction to register an FIR under Section 156(3) of the Code. Power of the Magistrate to direct registration of an FIR under Section 156(3) in contrast with post-cognizance stage power under Section 202 of the Code...
Cheque Bounce Case Can Be Quashed U/S 482 Only If Amount Is Patently Non-Recoverable; Whether Debt Time-Barred Or Not Is A Question Of Evidence :SC
The Supreme Court observed that the question whether a cheque was issued towards a time barred debt is to be decided on evidence."It is only in cases wherein an amount which is out and out non-recoverable, towards which a cheque is issued, dishonoured and for recovery of which a criminal action is initiated, the question of threshold jurisdiction will arise. In such cases, the Court...
Online Rummy : Supreme Court Stays Karnataka HC Judgment Which Held That Online Rummy Games Aren't Taxable As ‘Betting’ And ‘Gambling'
The Supreme Court, on Wednesday, stayed for three weeks the judgment of the Karnataka High Court which had quashed the GST Intimation Notice to the tune of Rs 21,000 crore and had held that online/electronic/digital Rummy games and other Online/Electronic/Digital games played on Gameskraft’s platforms are not taxable as "betting" and "gambling". A bench comprising CJI DY Chandrachud, Justice...
Manipur Govt Opposes Meitei Christian Group's Plea In Supreme Court As 'Selective'; 'Whataboutery', Lawyer Responds
On Wednesday, Senior Advocate Huzefa Ahmadi, appearing for the Meitei Christian Churches Council, Manipur (MCCCM) in a petition concerning destruction of churches in Manipur, raised objection to a paragraph in the affidavit filed by Chief Secretary of Manipur in the matter. Ahmadi was appearing before a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra...
‘Lien’ Of Govt Servants Cease Only When They're Appointed On Another Post ‘Substantively’/Confirmed Or Absorbed Permanently : Supreme Court
The Supreme Court observed that a ‘lien’ of a government servant only ceases to exist when he/she is appointed on another post ‘substantively’/confirmed or absorbed permanently. Otherwise, his/her lien would continue on the previous post, the bench of Justices JK Maheshwari and KV Viswanathan observed.In this appeal, the question raised were (1) Whether the order passed by the...
Article 370 | 'Self Governance Better, No Constitutional Logic In Denying J&K Statehood': Petitioners Tell Supreme Court On Final Day
Yesterday marked the final day of arguments in the long-pending case challenging the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K)under Article 370 of the Constitution, with the Supreme Court reserving its judgement in the matter. The day saw rejoinder arguments made by Senior Advocate Kapil Sibal, Senior Advocate Gopal Subramanium, Senior...