Supreme court
Only Retail Sale Can Claim Assessment Benefits Under Section 4A Of Central Excise Act : Supreme Court
The Supreme Court has held that mere affixation of MRP does not make goods eligible for central excise duty exemption, and what is required along with the affixation is a mandate of law that directs the seller to affix such MRP.The Division Bench of Justice Krishna Murari and Justice Sudhanshu Dhulia has observed that where the purchaser institution is deemed to not be a consumer, the sale...
Fees Paid By Director Does Not Attract Exemption Under Clause 4 Of Schedule III Of SEBI Stock Broker Regulations: Supreme Court
The Supreme Court has upheld SEBI’s decision to not to grant exemption to a corporate entity from payment of fees under Clause 4 of Schedule III of SEBI (Stock-Brokers and Sub-Brokers) Regulations 1992, since it was the Director and not the Whole Time Director who transferred stock exchange registration to the corporate entity and paid the registration fees. No exemption can be claimed on...
Diversion Of Gas To Other Generating Stations Not Sufficient Ground To Seek Compensation When PPA Has No Such Provision: Supreme Court
While affirming the view of the Appellate Tribunal for Electricity, the Supreme Court held that the Electricity Board would not have to indemnify if there was no provision regarding compensation of full fixed charges and actual variable charges in respect of short supply of energy in the Power Purchase Agreement.A Bench of Justices Ajay Rastogi and CT Ravikumar was hearing an appeal moved...
Lawyers Have To Produce Typed Copies Of HC Judgments Which Are Unreadable Due To Large Watermarks : CJI DY Chandrachud
Chief Justice of India DY Chandrachud on Wednesday urged lawyers to follow the directions of the Supreme Court registry to produce typed copies of High Court judgements, which are unreadable owing to the presence of large watermarks on them.The Chief Justice made this remark when an advocate mentioned before him the difficulty caused by the registry's insistence for producing typed copies...
Writ Petition For Recovery Of Money Can't Be Entertained, Particularly When Civil Remedy Has Been Invoked : Supreme Court
The Supreme Court recently held that that writ petitions filed for seeking recovery of money due under the bills/invoices cannot be entertained under Article 226 of the Constitution of India, particularly when the writ petitioner has filed civil suit which came to be dismissed in default.A Bench comprising Justice M.R. Shah and Justice C.T. Ravikumar held so in the case Director of...
Bilkis Bano Case Mentioned Again Before SC, CJI Says Special Bench Will Be Constituted To Hear Plea Against Premature Release Of Convicts
The Supreme Court has once again agreed to constitute a special bench to hear pleas challenging the order of Gujarat Government allowing the premature release of 11 convicts sentenced to life in Bilkis Bano case.Last month also, CJI DY Chandrachud had said that he will constitute a special bench to take up the matter. A special bench is necessitated as the regular combination os of Justice...
Marital Rape | Supreme Court To Hear Pleas Seeking To Criminalize Marital Rape On May 9, 2023
The Supreme Court on Wednesday listed the pleas concerning the constitutional validity of the Marital Rape exception on May 9, 2023. The batch of petitions, which was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala for 21st March 2023, could not be heard then owing to Justice Pardiwala's absence.Accordingly, the matter was...
'Courts Should Not Further The Notion That Only Male Child Will Assist Parents In Old Age; Avoid Patriarchal Remarks' : Supreme Court
The Supreme Court has advised Courts to refrain from making patriarchal remarks in judgments. A bench comprising Chief Justice of India DY Chandrachud, Justice Hima Kohli and Justice PS Narasimha was deciding a petition seeking to review the death penalty awarded to a convict for the kidnap and murder of a 7-year old boy.The bench noted that the Supreme Court, in its appeal confirming the...
Supreme Court Directs All High Courts To Respond To Suggestions Of Amicus On Expediting Trials In Cases Against MPs/MLAs
The Supreme Court on Tuesday sought the response of the High Courts to the suggestions made by amicus curiae Senior Advocate Vijay Hansaria for expediting the trail in the cases against sitting and former MPs/MLAs.During the hearing, the bench comprising CJI DY Chandrachud and Justice PS Narasimha stated that the court will be able to deal with the matter of expediting trial of legislators in...
Karnataka Industrial Areas Development Board Worst In Karnataka For Corruption: Supreme Court Judge
Pulling up the Karnataka Industrial Areas Development Board, Supreme Court Judge MR Shah on Tuesday opined that it is the "worst authority" in Karnataka in terms of corruption."It is the worst authority, worst in Karnataka, in terms of corruption. In how many cases the land is allotted? We haven't formed an opinion but we are saying this. There are so many cases from Karnataka, we have...
Rarest Of Rare Doctrine Requires Death Sentence Be Imposed Only If There Is No Possibility Of Reformation : Supreme Court
The Supreme Court, on Tuesday, commuted the death sentence awarded for kidnapping and murder of a 7 year old child to life imprisonment for not less than twenty years without remission of sentence. A Bench comprising CJI DY Chandrachud, Justice Hima Kohli and Justice PS Narasimha observed that though the crime was grave and unpardonable, ‘the ‘rarest of rare’ doctrine requires that...
'Remarks During Live-Streaming Have Far Reaching Effects; Be Cautious While Making Adverse Comments' : Supreme Court Advises Judges
The Supreme Court on Tuesday cautioned judges against passing adverse remarks in court, unless accompanied by a proper justification, in the right forum, and necessary to meet the ends of justice. A bench of Justices Krishna Murari and Ahsanuddin Amanullah was hearing the appeals filed by Karnataka ADGP Seemant Kumar Singh, former Bengaluru Urban Deputy Commissioner J Manjunath and...