Supreme court
'Unauthorised Sale Of Railway Tickets Online Offence' : Supreme Court Restores Cases For Fraudulent IRCTC Site Use
The Supreme Court today (Jan.9) reinstated the proceedings initiated under Section 143 of the Railways Act, 1989 ("Act") against the accused, who had been involved in unauthorized activities by creating multiple user IDs to sell E-railway tickets. The bench of Justices Dipankar Datta and Prashant Kumar Mishra overturned the Kerala High Court's decision that had quashed the proceedings...
Supreme Court Monthly Digest- November 2024 With Statute And Subject Wise Index
Adverse PossessionThe dispute involved the ownership and possession of land claimed by the respondents (plaintiffs) based on revenue records and challenged by the appellants (State of Haryana and PWD) on the grounds of adverse possession. The Supreme Court upheld the title of the plaintiffs, based on jamabandi entries, registered sale deeds, and mutation records, which carried a presumption...
Know The Law | When Does 'Right To Sue' Accrue In A Civil Case? Supreme Court Explains
The Supreme Court explained when does the 'right to sue' accrues in a civil case. It observed that the "right to sue" accrues when there is a cause of action that justifies legal action. This means the plaintiff has a substantive right to seek relief, and this right has been infringed or threatened by the defendant.Reference was drawn to the case of State of Punjab vs. Gurdev Singh, (1991) 4...
Drugs & Cosmetics Act | Power To Prohibit Drug Only With Central Govt; Trade Can't Be Restricted Without Notification U/S 26A : Supreme Court
The Supreme Court recently set aside the orders of the Allahabad High Court which upheld the decision of a District Magistrate in restricting the trade of 'aromatic tincture of cardamom' on grounds that it has a high level of alcohol content and therefore is a prohibited article under the Drugs & Cosmetics Act, 1940.A bench of Justices Vikram Nath and PB Varale held that the power to impose...
Reduction In Share Capital Amounts To Transfer Of Capital Asset Under Income Tax Act : Supreme Court
The Supreme Court (recently on January 02) reiterated that reduction in share capital is covered under Section 2(47) of the Income Tax Act, 1961, which talks about transfer of a capital asset. It explained that such reduction would be come under the expression “sale, exchange or relinquishment of the asset” used in the provision.For reference, the concerned portion of Section 2(47)...
Transfer Of Govt Employee On Request Can't Be Termed Transfer In Public Interest Or Administrative Exigencies : Supreme Court
The Supreme Court has observed that the transfer of an employee is an incidence of service if it is in public interest. It added that the government is the best judge to decide how to utilise the services of an employee. Further, if an employee requests, the government may post that employee as per the request. However, such transfer will not be in public interest as the same is based on...
Improper Rejection Of Juvenility Claim Even In SC's Curative Jurisdiction Not Final; Fresh Plea Can Be Raised : Supreme Court
The Supreme Court has held that a plea of juvenility, which was not properly considered by Courts as per due procedure, cannot be treated as final. Therefore, a fresh plea of juvenility can be raised when the plea of juvenility was improperly adjudicated upon in the previous rounds.For context, plea of juvenility is a plea raised by accused/convicts that they were minors at the time of...
Indian Stamp Act | Registering Authority Cannot Mechanically Refer Sale Deed To Collector, Prima Facie Finding On Undervaluation Needed : Supreme Court
The Supreme Court recently observed that in case of undervaluation of property sale's price, the Registering Authority under the Indian Stamp Act, 1899 cannot mechanically make reference to the Collector (stamps) for determination of the correct market value of the property. Instead, an opportunity is to be provided to the party, and reasons have to be furnished by the Registering Authority...
KS & SSR| Govt Employee Transferred By Way Of Absorption To Another Department Can Retain Seniority Of Previous Dept : Supreme Court
The Supreme Court (recently on January 03) held that employees who are transferred on absorption to another department are entitled to retain the seniority of their previous department as per the Kerala State and Subordinate Service Rules(KS&SSR).The Court held that the proviso to Rule 27(a) of the KS & SSR, which hold that previous seniority cannot be claimed when an employee...
Second Suit On Same Cause Of Action Must Be Filed Within 3 Years Of Rejection Of Earlier Plaint : Supreme Court
The Supreme Court observed that the subsequent suit on the same cause of action would be barred by limitation if filed beyond three years after the rejection of an earlier plaint. The Court rejected the argument that Order VII Rule 13 of the Code of Civil Procedure (“CPC”) justifies filing a fresh suit after the rejection of the earlier plaint. Instead, the Court said the subsequent...
Frame Cashless Treatment Scheme For Road Accident Victims During 'Golden Hour' By March 14 : Supreme Court Directs Centre
The Supreme Court today (January 8) directed the Central Government to frame a scheme for cashless treatment for victims of motor vehicle accidents during the “golden hour”, the first hour after a traumatic injury when prompt medical care has the highest likelihood of preventing death by March 14, 2025.“Once the scheme is framed and its implementation starts, it will save the lives...
'Time He Lost Can't Be Restored' : Supreme Court Frees Prisoner After 25 Years, Finds He Was A Minor At The Time Of Offence
In a remarkable judgment, the Supreme Court on Wednesday (January 8) ordered the release of a prisoner, who has been under incarceration for nearly 25 years, after finding that he was a juvenile at the time of the offence in the year 1994.A bench comprising Justice MM Sundresh and Justice Aravind Kumar found that he was only 14 years old at the time of the commission of the offence.The...