Supreme court
Supreme Court Quarterly Digest On Environmental Law [Jan - March, 2023]
Environmental LawAppeal maintainable before NGT against corrigendum imposing additional conditions to environmental clearance. IL&FS Tamil Nadu Power Company Ltd. v. T. Muruganandam, 2023 LiveLaw (SC) 192Chandigarh Master Plan - Supreme Court prohibits conversion of independent residential units as apartments in Chandigarh Phase 1 to preserve the heritage status of 'Corbusier'...
Conducting Survey Is Prerequisite Before Declaring Property As Wakf: Supreme Court
While dismissing the appeal seeking recognition of the land as wakf property,the Supreme Court observed that conducting the survey under Section 4 of the Wakf Act,1954 before declaring a property as “wakf property” is a sine qua non.The bench of Justice Pankaj Mithal and Justice V.Ramasubramanian said, “In the absence of such a material( survey conducted under Section 4), the mere...
Writ Court Cannot Stop Implementation Of A Statutory Provision Without Holding It Unconstitutional: Supreme Court
The Supreme Court of India recently said that in the absence of specific pleadings, a writ court can't get into the issues of repugnancy or lack of legislative competence. It added that unless the statutory provision is declared unconstitutional, its implementation cannot be stopped.“We are of the view that in absence of any specific challenge to the validity of the statutory provisions,...
No Service Tax Applicable on User Development Fee collected From Passengers by Delhi, Mumbai and Hyderabad International Airports: Supreme Court
The Supreme Court has ruled that “user development fee” (UDF) levied and collected by the airport operation, maintenance, and development entities from passengers departing the concerned airports, is a statutory levy, and thus, it is not subjected to levy of service tax under the provisions of the Finance Act, 1994.The bench comprising Justices S. Ravindra Bhat and Dipankar Datta were...
No Adverse Observations Against Judicial Officers Without Due Opportunity: Supreme Court Reiterates
The Supreme Court on Friday reiterated that orders making adverse observations with regard to the manner in which a judicial officer has exercised discretion in any matter should not be made without opportunity to the person concerned whose career and esteem will be affected. The bench of Justices A. S. Bopanna and Pankaj Mithal was hearing an appeal by an Additional District and Sessions...
Supreme Court Weekly Digest (15 May 2023- 21 May 2023)
Welcome to Live Law's Supreme Court Weekly Digest, your comprehensive source for the latest updates and significant developments in the realm of Indian jurisprudence. In this week's edition, we delve into several crucial cases and legal proceedings that have shaped the legal landscape. Amongst the notable proceedings this week was the Supreme Court's decision to uphold West Bengal's ban on...
Supreme Court Expresses Concern Over Listing Of Bail Applications Arising From Same FIR Before Different Benches Of Orissa High Court
The Supreme Court has recently expressed concern over the practice prevailing in Orissa High Court whereby different bail applications arising out of same FIR are listed before different Benches of the High Court. The Court said that such practice leads to ‘anomalous situation’ as some accused may be granted bail by a Bench while some other accused persons (in the same crime) may be...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index(Citations 372 - 402) [May 1 – 7, 2023]
SUBJECT WISE INDEXAdverse PossessionThe onus to prove acquisition by adverse possession shifts on the defendant, once the title of the property has been upheld in the name of Plaintiff by a judgment/decree in an earlier suit between the same parties. (Para 7) Prasanna v. Mudegowda, 2023 LiveLaw (SC) 381Amravati Land ScamThe Supreme Court set aside the High Court order which stayed the probe...
Income Tax Act - Carrier of Goods Not An ‘Owner’; Bitumen Not A ‘Valuable Article’ Under S. 69A : Supreme Court
The Supreme Court has ruled that bitumen cannot be treated as a ‘valuable article’ under Section 69A of the Income Tax Act, 1961. The bench comprising Justices K.M. Joseph and Hrishikesh Roy made the observation while dealing with an appeal filed against the decision of the Patna High Court, who had upheld the additions made by the Assessing Officer (AO) towards the bitumen lifted by...
'Judges Are Not Employees Of State, District Judiciary's Independence Part Of Basic Structure' : Supreme Court
The Supreme Court today pronounced its judgement in the All India Judges Association v. Union of India matter, which was pertaining to pay hike of judicial officers as per the recommendations of the Second National Judicial Pay Commission (SNJPC). Through its judgement, which was authored by Justice PS Narasimha, the court examined and accepted various recommendations of the SNJPC on...
District Judiciary Should Not Be Called 'Subordinate Judiciary' : Supreme Court
In today's judgement concerning enhanced pay scale for judicial officers as per the Second National Judicial Pay Commission (SNJPC), the Supreme Court, while highlighting the importance of district judiciary, remarked that the Supreme Court shall no longer refer to the District Judiciary as ‘subordinate judiciary’. The judgement in this case All India Judges Association vs Union of India...
Thief Can't Be Assessed As 'Owner' Of Stolen Property Under Section 69A Income Tax Act : Supreme Court
The Supreme Court has ruled that a thief cannot be recognised as the owner of the property within the meaning of Section 69A of the Income Tax Act, 1961. The top court observed that for Section 69A of the Income Tax Act to apply, it is indispensable that the Assessing Officer must find that the articles/ goods enumerated and covered under Section 69A, are owned by the assessee.Section 69A of...