Supreme court
Customs Act | S. 71 Inapplicable If Imported Goods Were Stocked Outside Notified Public Bonded Warehouse With Permission : Supreme Court
The Supreme Court has held that Section 71 of the Customs Act, 1962 would be inapplicable to cases where imported goods were stocked outside the notified public bonded warehouse with the permission of the concerned officer. A portion of the Appellant's factory premises was notified as a public bonded warehouse. The Appellant, with the permission of Superintendent of Customs and Central...
Overcharge v. Illegal Charge: Supreme Court Dismisses Railways' Appeals Against Indian Oil Over Refund Of Freight Charges
In a case involving excess payment of freight charges, the Supreme Court recently held against the Railways', observing that it levied an illegal charge on Indian Oil Corporation (IOC) for 444 kms when the actual relevant distance was only about 334 kms.The Bench of Justices JB Pardiwala and Sandeep Mehta passed the judgment in appeals filed by the Railways, against order of the Allahabad...
Supreme Court Weekly Round-Up (18 March-23 March 2024)
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing a...
Karnataka Govt Moves Supreme Court Seeking To Direct Union Government To Release Drought Relief Funds
The State of Karnataka has filed a writ petition in the Supreme Court alleging that the Central Government was denying financial assistance for drought management to the State under the Disaster Management Act, 2005 and the Manual for Drought Management.The State has contended that the actions of the Centre violate the fundamental rights of the people of Karnataka under Articles 14 and 21 of...
If PMLA Is Misused, Nation Will Suffer; Negative Perceptions May Arise About ED : SC Judge Justice Ujjal Bhuyan
Supreme Court judge Justice Ujjal Bhuyan spoke on the need to judiciously use the powers under the Prevention of Money Laundering Act (PMLA) and cautioned that if the law is misused, negative perceptions may rise against the Enforcement Directorate. The nation will suffer if the law is misused, he stressed.Justice Bhuyan appealed to all stakeholders to apply the PMLA in its true spirit,...
Section 420 IPC| Person Cheated Must Have Been Dishonestly Induced To Deliver Property: Supreme Court
The Supreme Court (on March 20) held that to attract the offence of cheating, it must be shown that the person who cheated was dishonestly induced to deliver the property to any person. Further, a dishonest intention must be on the part of a person accused of such an offence. The three-judge Bench of Justices B.R Gavai, Rajesh Bindal, and Sandeep Mehta rendered the...
Corporate Entity's Complaint Maintainable Under Consumer Protection Act 1986 : Supreme Court
In a significant development, the Supreme Court held that the corporate entity/company wouldn't be barred under the old Consumer Protection Act of 1986 to be treated as a 'person' for filing a consumer complaint.Setting aside the order of the National Consumer Disputes Redressal Commission, the Bench Comprising Justices B.R. Gavai and Sandeep Mehta observed that although the word 'person'...
Kerala Govt Moves Supreme Court Against President Withholding Assent For 4 Bills, Terms It Arbitrary
The State of Kerala has approached the Supreme Court challenging the action of the President of India in withholding assent for four out of the seven bills referred by the Kerala Governor.In its writ petition filed under Article 32 of the Constitution, the State also challenged the Governor's action of referring the bills to the President, arguing that none of the bills related to...
Mere Involvement In Sexual Offence Not Sufficient: Supreme Court Quashes Preventive Detention Order
In a case involving allegations of rape and extortion, the Supreme Court recently quashed a preventive detention order under the Telangana Prevention of Dangerous Activities Act, 1986 observing that mere involvement in a sexual offence (including gang rape) is not itself sufficient to invoke Section 3 of the Act (giving power to pass detention orders)."This is for the reason that the offence...
Preventive Detention Orders Passed Capriciously Must Be Nipped In The Bud By Advisory Board : Supreme Court
In a significant ruling, the Supreme Court discussed the role and duty of the Advisory Boards constituted under the Preventive Detention Laws, on their capricious exercise of power while scrutinizing the preventive detention order of the Detaining Authority passed in a routine and mechanical manner. “preventive detention being a draconian measure, any order of detention as a result of...
Supreme Court Directs States/UTs To Issue Ration Cards To 8 Crore Unorganised Sector Workers Registered Under E-Shram Portal
The Supreme Court (on March 19) has directed the State Governments and Union Territories to grant ration cards to 8 crore workers in the Unorganised sector who, despite being registered under the center's e-Shram portal, do not have these ration cards. This, in turn, will allow these workers to get the benefit of schemes by the Union of India and state governments, as well as the benefit of...