Supreme court
Non-Tribal Person's Right To Settle Down & Vote In Scheduled Areas Not Taken Away By 5th Schedule Of Constitution : Supreme Court
The Supreme Court, on May 10, dismissed a plea, inter alia, contending that the Representation of the People Act, 1950 and the Delimitation Act, 2002 are not applicable to the Scheduled Area in absence of the notification issued by the Governor of the State under Clause 5(1) of the Fifth Schedule of the Constitution of India.The Court also rejected the argument that the fifth schedule of...
IBC | No Modified Resolution Plan Can Be Directly Placed Before NCLT Without Being Finally Approved By The CoC: Supreme Court
The Supreme Court has held that if a modified resolution plan, carrying however minor modification/revision, is not finally approved by Committee of Creditors (CoC), then presentation of such modified plan before the Adjudicating Authority for approval is an incurable material irregularity. No modified resolution plan can be placed directly before the NCLT, without being finally approved by...
Supreme Court Upholds Withdrawal Of Customs Notification Granting Concession On Import Of Printing Machinery, On The Ground Of Indigenous Angle
The Supreme Court has upheld the withdrawal of a customs notification which granted customs duty concession to “Rotary Printing Machine” of ‘single width two plate variety’, on the ground of indigenous angle, i.e., availability of the equipment in India. The top court remarked that the same cannot be characterized as an irrelevant factor for withdrawing tax concession.Vide an...
Supreme Court Reprimands HUDA Authority For Filing Frivolous Appeal; Imposes Cost Of Rs. 1 Lakh
The Supreme Court has reprimanded the Haryana Urban Development Authority (“HUDA Authority”) for filing frivolous litigation over issues that have already been settled by the Apex Court in judgments dating back to 2005. The Bench comprising of Justice Abhay S. Oka and Justice Rajesh Bindal, while adjudicating an appeal filed in Haryana Urban Development Authority & Anr. v Jagdeep...
Can Tax Exemption Be Claimed Based On Doctrine Of Legitimate Expectation? Supreme Court Delivers Split Verdict
The Supreme Court bench comprising Justices M.R. Shah and Krishna Murari has rendered a split verdict on the issue concerning the applicability of the doctrine of legitimate expectation where a tax holiday/ sales tax exemption granted to the appellant- manufacturer was stopped pursuant to the amendments made to the West Bengal Sales Tax Act, 1994.Pursuant to the amendments made by the West...
Supreme Court Monthly Round Up (April 2023)
Welcome to the Supreme Court Monthly Digest, your comprehensive guide to the latest developments and landmark judgments from the apex court of India. Brought to you by Live Law, this digest aims to unravel the legal intricacies and provide insightful analysis of the Supreme Court's decisions, shaping the legal landscape of the nation. Through this digest, we aim to promote...
Senior Advocate Designation : Supreme Court Says Role Played By Lawyers In Cases To Be Assessed Than Counting Mere Appearances
On Friday, while delivering its judgment in pleas seeking modifications in the guidelines regulating the conferment of designation of Senior Advocates as laid down in its 2017 judgment (Indira Jaising v. Supreme Court of India), the Supreme Court enhanced the weightage given to miscellaneous category including pro bono work, reported and unreported judgments and domain expertise by 10...
IBC | NCLT Has To Admit Sec 7 Petition If Debt Is Due; Decision In 'Vidarbha Industries' Based On Its Facts : Supreme Court
The Supreme Court has held that if the existence of a financial debt and its default on the part of Corporate Debtor has been proved, then the National Company Law Tribunal (“NCLT”) is left with no option apart from admitting the petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”). The only ground on which a petition under Section 7 of IBC can be rejected is...
Senior Advocate Designation : Supreme Court Reduces Points Assigned For Publication; Expands Its Scope To Include Teaching Assignments and Guest Lectures
On Friday, while delivering its judgment in pleas seeking modifications in the guidelines regulating the conferment of designation of Senior Advocates as laid down in its 2017 judgment (Indira Jaising v. Supreme Court of India), the Supreme Court said that it would reduce the weightage given to publication in the existing guidelines. Noting that the allocation of 15 points for publication in...
'Serious Lapses In POSH Act Enforcement' : Supreme Court Issues Directions To Strengthen Law Protecting Women From Sexual Harassment At Workplace
The Supreme Court has expressed disquiet at what it called the "serious lapses" in the implementation of the the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 [POSH Act], even a decade after its enactment.In this regard, the Court took note of a recent report in a national daily which stated that out of the 30 national sports federations in...
No Strict Age Bar Of 45 Years For Senior Designation, But Only Exceptional Advocates Be Designated Below This Age : Supreme Court
The Supreme Court, on Friday, clarified that it is not in favour of restricting conferment of designation of Senior Advocate only to Advocates who are above 45 years of age. Candidates below the said age should be considered if they display that extra bit of ability to be designated.“While we would not like to restrict applications only to advocates who are above 45 years of age,...
Courts Can Grant Default Bail Independent Of & Not Relying Upon 'Ritu Chhabria' Judgment: Supreme Court Clarifies
The Supreme Court on Friday clarified that its interim order which directed that any application filed before any court seeking default bail on the basis of Ritu Chhabaria v. Union of India And Ors. should be deferred, shall not preclude any trial courts or High Courts from considering applications for grant of default bail independent of and without relying on the judgement in Ritu Chhabaria....