Supreme court
Credit Note Issued By Automobile Manufacturer To Dealer, In Consideration Of Replacement Of Defective Part, Attracts Sales Tax: Supreme Court
The Supreme Court has ruled that a credit note issued by an automobile manufacturer to a dealer of automobiles, in consideration of the replacement of a defective part done by the dealer pursuant to a warranty agreement, is exigible to sales tax.The court has held that when a dealer replaces a defective part of the automobile by a spare part maintained in its stock or when the same is...
Definition Of 'Consumer' Includes 'Consumers'; Joint Complaint By Multiple Consumers Need Not Be Filed In Representative Capacity : Supreme Court
The Supreme Court has held that when a few consumers who have the same interest seeking the same relief file a joint complaint without any larger public interest involved, it need not be filed in a representative capacity in compliance with Order 1 Rule 8 CPC of the Code of Civil Procedure as required under Section 13(6) of the Consumer Protection Act.In the matter at hand, an association...
Supreme Court Refuses To Refer 'Vijay Madanlal Choudhary' Judgment, Which Upheld PMLA Provisions, To Larger Bench
A two-judge bench of the Supreme Court has turned down a plea to refer the judgment in Vijay Madanlal Choudhary vs Union of India, which upheld several provisions of the Prevention of Money Laundering Act 2002, to a larger bench.The plea for larger-bench reference was raised on behalf of the accused in the Tamil Nadu cash-for-jobs scam before a bench comprising Justices Krishna Murari and...
Supreme Court Dismisses Review Petitions Filed Against Judgment Upholding EWS Quota
The Supreme Court has dismissed the review petition filed against the Constitution Bench judgment which upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment.A 5 judge bench comprising Chief Justice of India DY Chandrachud, Justice Dinesh Maheshwari, Justice S Ravindra Bhat, Justice...
Supreme Court Weekly Digest (8th May 2023-14th May 2023)
Welcome to Live Law's Supreme Court Weekly Digest. This week's edition is particularly significant, marked by several landmark judgments that have captured the nation's attention. Notably, the Supreme Court rendered its decisions in the long-standing Shivsena dispute as well as the contentious Delhi versus Lieutenant Governor (LG) dispute on the same day. Furthermore, the Supreme Court...
Tamil Nadu Cultivating Tenants Protection Act | Late Payment Of Rent Despite Direction Of Revenue Court Valid Ground For Eviction : Supreme Court
The Supreme Court has ruled that failure to follow the direction of the Revenue Court regarding payment of rent, is a valid ground for effecting eviction of the cultivating tenant under Section 3 of the Tamil Nadu Cultivating Tenants Protection Act, 1955. The bench of Justices Krishna Murari and Ahsanuddin Amanullah was hearing an appeal against the decision of the Madras High Court, who...
Supertech Insolvency : Supreme Court Approves 'Project Wise Resolution' Plan
The Supreme Court has declined to grant any interim relief in respect of order passed by the National Company Law Appellate Tribunal (“NCLAT”) directing ‘project wise insolvency resolution process’ of Supertech Ltd.’s Eco Village-II project. The Bench has observed that constituting Committee of Creditors (CoC) for all the projects of Supertech Limited would affect the ongoing...
High Courts Can Issue Additional Directions While Considering Bail Pleas By Virtue Of Powers Under Article 226/227: Supreme Court
The Supreme Court recently held that the High Court even while deciding a bail application, has the power to issue other directions in the interest of justice, by virtue of its powers under Article 226 of the Constitution(Sanjay Dubey V State of Madhya Pradesh).. In this case, the High Court had directed departmental action against the appellant, a police officer, for dereliction of duty...
Supreme Court Laments Trial Judges Not Using Section 313(5) CrPC; Asks Judicial Academies To Take Notice
The Supreme Court recently opined that while recording the statement under Section 313 of CrPC in cases involving a large number of prosecution witnesses, the Judicial Officers should take benefit of Section 313 (5) of CrPC, which will ensure that the chances of committing errors and omissions are minimized.Section 313(5) CrPC says that the Court may take help of Prosecutor and Defence Counsel...
PMLA | Accused Not Entitled To Bail In Money Laundering Case Merely Because Chargesheet Has Been Filed In Predicate Offence : Supreme Court
The Supreme Court has held that the mere fact that chargesheet has been filed for the predicate offences is not a ground to release the accused on bail in connection with the offences under the Prevention of Money Laundering Act.A bench comprising Justices MR Shah and CT Ravikumar allowed an appeal filed by the Directorate of Enforcement challenging the order passed by the Telangana High...
Inquiry Proceedings Against Civil Servant Can Be Done Away With In National Security Interest : Supreme Court
Recently, the Supreme Court reiterated that inquiry proceedings of persons employed in civil capacities under the Union Government of the State Government can be done away with if the President or the Governor is satisfied that in the interest of security of the State it is not expedient to hold such an inquiry [clause (c) of second proviso to Article 311(2) of the Constitution of India]. A...