Supreme court
'No Special Circumstance To Justify Law Affecting Single Entity' : Supreme Court Strikes Down Khalsa University (Repeal) Act 2017
Observing that it would be impermissible for the legislature to single out one entity from other entities without a reasonable classification, the Supreme Court today (Oct. 3) struck down the Khalsa University (Repeal) Act, 2017 (“Repeal Act”) as unconstitutional which sought to single out the Khalsa University amongst 16 private Universities in the State. The bench comprising Justices...
Colonial Rulers Imported Caste-Based Allocation Of Work To Prisons Due To Pressure From Oppressor Castes : Supreme Court
In a significant judgment declaring caste-based discrimination in Indian prisons as illegal and unconstitutional, the Supreme Court revisited the history of how the colonial administrator adopted discriminatory social practices prevailing in British India to not upset the oppressor castes. The Court has also initiated suo moto proceedings to ensure that prisons across India comply with...
Supreme Court Initiates Suo Moto Proceedings On Discrimination In Prisons Based On Caste, Gender, Disability Etc.
The Supreme Court today while observing that the discrimination inside prisons based on grounds of caste, gender, and disability is illegal, has initiated a suo moto proceedings tilted In Re: Discrimination Inside Prisons in India from now onwards.The suo motu case will be listed after three months for the compliance affidavit by the States/Union with respect to the directions in the...
We've Not Been Able To Eradicate Evil Of Caste Discrimination Even After 75 Years Of Independence, Laments Supreme Court
In its landmark judgment issuing directions to end caste-based segregation and division of work in prisons, the Supreme Court lamented that the evils of caste discrimination are prevalent in India even after 75 years of Independence."More than 75 years since independence, we have not been able to eradicate the evil of caste discrimination. We need to have a national vision for justice...
1998 Brij Bihari Prasad Murder : Supreme Court Upholds Conviction, Life Sentence Of Ex-MLA Munna Shukla & Another; Upholds Acquittal Of 6
In a significant development, the Supreme Court today upheld the conviction and life sentence of accused Munna Shukla (ex-Bihar MLA) and Mantu Tiwari in the 1998 Brij Bihari Prasad murder case. Out of a total of 8 accused, while two's conviction by the trial court was upheld, the Court gave benefit of doubt to 6 others and refused to interfere with their acquittal by the Patna High Court.A...
TOLA Extends Income Tax Reasssment Timelimit; Notices Can Be Issued After 2021 Under Old Regime : Supreme Court
The Supreme Court on Thursday (October 3) set aside the judgments of the High Courts which held that the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions Act) (TOLA) 2021 will not extend the time limit for issuing notices for re-assessment under the Income Tax Act.A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra delivered...
End Caste-Based Allotment Of Work To Prisoners, Delete Caste Column In Prison Registers : Supreme Court
The Supreme Court today (October 3) laid down crucial guidelines for the prevention of segregation and division of labour solely on the basis of the caste of the prisoners in Prisons.The Court struck down the provisions of the Prison Manuals of several States as per which jobs were assigned to prisons based on their castes. The Court held that assigning cleaning and sweeping to the...
GST Input Tax Credit On Construction Costs Can Be Claimed If Building Construction Was Necessary For Renting Out Service : Supreme Court
The Supreme Court on Thursday (October 3) held that if construction of a building is essential for supplying services such as renting out, it could fall into the "plant" exception to section 17(5)(d) of CGST Act which provides that Input Tax Credit cannot be claimed for construction material (other than plant or machinery) for immovable property construction. “If the construction of a...
Supreme Court Directs States/UTs To Implement Centre's Guidelines On School Safety And Security
The Supreme Court recently directed all State Governments and Union Territories to implement the “Guidelines on School Safety and Security, 2021” issued by the Union Government to fix responsibility of school management to protect children from natural disasters, health hazards, abuse, violence, and accidents.A bench of Justice BV Nagarathna and Justice N Kotiswar Singh...
'Strange': Supreme Court Slams NCPCR For Filing Petition Seeking 'Vague & Omnibus' Directions Against Missionary Organisations
The Supreme Court recently criticised the National Commission for Protection of Child Rights (NCPCR) for filing a writ petition seeking "vague and omnibus" directions against alleged illegal child trade by missionary organisations.The Court termed the NCPCR's petition "strange" and said that a statutory organisation could not have filed a writ petition under Article 32 of the Constitution...
Supreme Court Sets Aside Madras HC Judgment Which Was Signed & Uploaded After Judge's Retirement
The Supreme Court on Tuesday (October 1) restored a quashing petition related to a corruption case to the file of the Madras High Court, noting that the judgment in the case was signed and uploaded after the judge, Justice T. Mathivanan, had retired.Justice Abhay Oka, after dictating the order, emphasized, “There should not be a single incident like this” referring to the issuance of...
Changes To Government Order Cannot Be Applied Retrospectively To Alter Established Seniority Rankings : Supreme Court
The Supreme Court observed that the seniority of the entire cadre working in an establishment could not be disturbed via a subsequent modification in the Government Order (G.O.) fixing the seniority of an employee in an establishment. The bench comprising Justices Sandeep Mehta and R. Mahadevan said that giving a retrospective effect to the modification made in the G.O. (based on which...