Supreme court
Voter Has Right To Know Full Background Of Candidate; Right To Vote Based On Informed Choice Crucial To Democracy : Supreme Court
The Supreme Court on Monday observed that democracy being an essential feature of the Constitution and the right to vote being a statutory right, the voter has the right to know about the full background of a candidate.“The elector or voter’s right to know about the full background of a candidate- evolved through court decisions- is an added dimension to the rich tapestry of...
Special Effects & 3D Conversion Services Are Not ‘Video-Tape Production’ Services Under S. 65(120) Of Finance Act, 1994: Supreme Court
The Supreme Court has upheld the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) that the 3D conversion services provided by the assessee, including services such as ‘imparting special effects’, ‘post production service’, ‘digital asset management and content service’ and ‘digital restoration service’, will not fall under the ambit of...
'Bail Orders Must Be Backed By Reasons Considering Vital Aspects': Supreme Court Sets Aside 'Casual & Cryptical' HC Order
The Supreme court recently held that vital aspects of the case must be considered while deciding bail applications. The nature of the crime, criminal history of the accused and the nature of punishment involved must also be weighed in by the courts. The court pressed for reasoned orders to be passed while exercising discretion in granting bail.The Supreme Court bench comprising Justices...
Supreme Court Weekly Round-Up : July 17-23, 2023
IBC Overrides Electricity Act; Dues To Secured Creditors At Higher Footing Than Electricity Dues: Supreme CourtCase details: Paschimanchal Vidyut Vitran Nigam Ltd vs Raman Ispat Private LimitedCitation: 2023 LiveLaw (SC) 534The Supreme Court observed that Section 238 of the Insolvency and Bankruptcy Code overrides the provisions of the Electricity Act, 2003.The provisions of the IBC treat...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [July 1 – 9, 2023]
SUBJECT WISE INDEXBailAnticipatory Bail - Personal liberty is important, but courts must also consider the gravity of offence & impact on society. Pratibha Manchanda v. State of Haryana, 2023 LiveLaw (SC) 514Central ExciseSelf-assessment of assessee not rendered malafide merely because it was based on a CETSTAT view which was later overturned. Commissioner, Central Excise and Customs...
Modality Proposed By Calcutta HC To CBI For Filing Appeals Not A Mandate : Supreme Court
The Supreme Court held that the judgment of the Calcutta High Court, which proposed a mechanism for filing of appeals before the HC against acquittals in CBI cases, should not be treated as a mandate.The High Court, in its order passed on June 8, 2022, had suggested that against an order of acquittal, the Zonal Head should obtain a comments of the Prosecutor and the Assistant Solicitor...
Supreme Court Upholds Tripura HC Order That Directed State Govt To Pay Remuneration To Retired Judge Who Served As Chairman Of NSA Advisory Board
The Supreme Court on Friday upheld the order of the Tripura High Court that directed the State Government to pay former judge of the Gauhati High Court, Justice Alok Baran Pal who retired as the Chairman of the National Security Advisory Board to be paid remuneration at the rate of the salary of a High Court judge minus the pension during the period he held the sole post as Chairman of the...
Slum Demolition : Supreme Court Declines To Interfere With Delhi HC Judgment That Jhuggis Outside Recognized Clusters Are Not Entitled To Rehabilitation
The Supreme Court recently refused to interfere with a Delhi High Court judgment which held that dwellers of jhuggis which are outside the list of recognized jhuggi clusters are not entitled to rehabilitation as per the Delhi Urban Shelter Improvement Board Act 2010.A bench comprising Justices Hrishikesh Roy and Pankaj Mithal dismissed a special leave petition filed by a group of slum...
Accused Not Filing Petition To Quash FIR/Chargesheet Has No Relevance In Deciding Bail Application : Supreme Court
The Supreme Court, while granting bail to human rights activist Teesta Setalvad, observed that the accused not filing an application for quashing the FRI/Chargesheet is not a relevant consideration for deciding bail application . If such a position was to be accepted, then no bail application be can be accepted unless the accused files an application for quashing the proceedings, the Apex...
Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court
The Supreme Court on Monday held that if a person is summoned under Section 69 (Power to arrest) of the CGST Act, 2017 for the purpose of recording of his/her statement, the provision of Section 438 (Anticipatory Bail) of Criminal Procedure Code, 1973 cannot be invoked.A division bench of Justice J B Pardiwala and Justice Prashant Kumar Mishra observed: “Thus, the position of law is that...
Can Parliamentary Law Under Article 239AA(7) Alter Constitutional Powers Of Delhi Govt? Issue Referred To Supreme Court Constitution Bench
While referring the Delhi Government's challenge against the Centre's Ordinance on services to a Constitution Bench, a 3-judge bench of the Supreme Court observed that contours of the powers of the Parliament under Article 239AA(7) of the Constitution were not considered in either of the earlier Constitution Bench judgments of 2018 and 2023 in the GNCTD vs Union of India cases.Article 239AA...