Supreme court
Delhi Rent Control | Improper Description Of Property In Application No Ground To Set Aside Possession Order Under Section 25-B(8) : Supreme Court
The Supreme Court Bench comprising of Justice Dinesh Maheshwari and Justice Sanjay Kumar, while adjudicating an appeal filed in Kusum Lata Sharma v Arvind Singh, has held that when the Rent Controller permits eviction of tenants on the ground of bona fide requirement by the Landlord after perusing facts and evidence on record, then such order cannot be set aside by the High Court in review...
Supreme Court Weekly Round Up (17th April to 23rd April 2023)
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to keep our readers up to date with the latest legal developments in the Apex court of the country.Judgments/OrdersOrder VII Rule 11 CPC - Inconsistencies In Plaint Averments Not A Sufficient Reason To Reject Plaint : Supreme Court[Case Title: G. Nagaraj v. BP Mruthunjayanna| Citation:...
Supreme Court Upholds Requirement Of ‘Pre-Import Condition’ To Claim IGST And GST Compensation Cess On Imports Made Under ‘Advance Authorization’
The Supreme Court has upheld the requirement of ‘pre-import condition’ incorporated in the Foreign Trade Policy of 2015-2020 (FTP) and Handbook of Procedures 2015-2020 (HBP) to claim exemption of Integrated Goods and Services Tax (IGST) and GST Compensation Cess on inputs imported into India for manufacture of export goods, on the basis of ‘Advance Authorization’.The bench...
Section 16-B Of Himachal Pradesh General Sales Tax Act Is Not Ultra Vires Any Provision Of Law: Supreme Court Reiterates
The Supreme Court has ruled that Section 16-B of the Himachal Pradesh General Sales Tax Act, 1968 (HPGST Act) is not ultra vires any provision of law. The bench comprising Justices S. Ravindra Bhat and Dipankar Datta set aside the judgment of the Himachal Pradesh High Court where it had held that Section 16-B of the HPGST Act was inconsistent with Section 35 of the Securitisation...
Not Necessary To Review/Recall/Quash Order Accepting Closure Report Before Carrying Out Further Investigation: Supreme Court
The Supreme Court held that it is not necessary that the order accepting the closure report should be reviewed, recalled or quashed before carrying out further investigation under Section 173(8) CrPC.The bench of Justices Surya Kant and J B Pardiwala summarized the 'further investigation' powers of investigating agencies under Section 173(8) CrPC as follows:(i) Even after the final report is...
'Wholesale Domicile Reservation Unconstitutional' : Supreme Court Asks MP Govt To Review 75% Domicile Quota In B.Ed Seats
Stating that domicile reservation should not become a "wholesale reservation", the Supreme Court has asked the State of Madhya Pradesh to review its decision to have 75% domicile reservation in B.Ed seats."We make it clear that though reservation in favour of residents is permissible, yet reservation to the extent of 75% of the total seats makes it a wholesale reservation, which has been held...
UP Intermediate Education Act | Vacancies Which Existed Before Amendment Of Regulation 17 Are To Be Governed By Amended Rules : Supreme Court
The Supreme Court has held that the vacancies to the teaching posts in Uttar Pradesh which arose prior to amendment of Regulation 17 of the ‘Regulations under the U.P. Intermediate Education Act, 1921’, are to be governed by amended rules. The amendment to Regulation 17 was notified on 12.03.2018 and it now prescribes a written examination for the selection of Teachers in...
'Metro Rail Caters To Millions, Reduces Carbon Emissions' : Supreme Court Refuses To Interfere With DMRC Phase-IV Metro Work
Recently, the Supreme Court refused to interfere with the construction work on phase-IV of Delhi Metro, stating that any interference at this stage would also result in a huge escalation of its cost, causing a loss to the public exchequer.The bench of Justice B.R. Gavai and Justice Vikram Nath said that, “No doubt that the concern for the environment is an important aspect. However, at the...
Supreme Court Expresses Concern About Unregulated Visits Of Devotees In Places Of Worship Situated In National Parks & Sanctuaries
The Supreme Court has expressed concerns at the unregulated number of devotees visiting places of worship which are situated in national parks and sanctuaries."In many of the forests in such Protected Areas, certain places of worship are situated where the devotees come in thousands and lakhs. On one hand, it is not possible for the administration to restrain such devotees from visiting...
U.P. Intermediate Education Act | No 'Deemed Appointment' Of Selected Candidate If DIOS Doesn't Give Approval Within 15 Days : Supreme Court
The Supreme Court has held that the U.P. Intermediate Education Act, 1921 does not contemplate ‘deemed appointment’ of a candidate if the District Inspector of Schools (“DIOS”) does not approve the proposal for appointment of the candidate within 15 days period, as given under Regulation 18 of the ‘Regulation under the U.P. Intermediate Education Act, 1921’. The selection process...
Supreme Court Commutes Death Sentence Of Man Who Murdered His Sister & Her Lover From Another Caste; Takes Note Of 'Social Pressure'
The Supreme Court recently has commuted the death penalty imposed on a murder convict to the sentence of life imprisonment on the ground that manner in which the offence committed by him does not fall under ‘rarest of rare’ category and he does not have any criminal antecedents.The convict was a man, who killed his sister and her lover from another caste in 2017. After the murder, the...
UP Intermediate Education Act | Appointment Process Of Teachers Not Concluded Without Approval By DIOS : Supreme Court
The Supreme Court has held that the process of appointment of Teachers under the U.P. Intermediate Education Act, 1921 is not concluded without obtaining the mandatory approval of District Inspector of Schools (“DIOS”). There is no vested right of the candidate to be appointed merely because selection process has been completed. Section 16-FF(3) of the U.P. Intermediate Education Act,...