Environment Protection Act Rendered Toothless Due To Centre's Inaction: Supreme Court

The Supreme Court on Wednesday (October 23) observed that the section 15 of the Environment Protection Act has been rendered “toothless” due to the Centre's inaction after the 2023 Jan Vishwas Amendment which replaced punishment for violation of the Act with penalties.“This provision has been rendered completely ineffective due to inaction on the part of Government of India…In the...

Card Issuing Bank Not Liable To Pay Service Tax On Interchange Fee When It Is Already Paid On MDR : Supreme Court

The Supreme Court recently ruled that a card issuing bank is not liable to separately pay service tax on the interchange fee when the said tax already stands paid on the Merchant Discount Rate (MDR). The Three Judge Bench of Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice R. Mahadevan observed that “the entire amount of the service tax payable on the MDR has been paid to...

IBC | No Compulsion To Specify Names Of Creditors In Balance Sheet, General Entry Acknowledging Debt Sufficient To Initiate CIRP : Supreme Court

Observing that there's no compulsion for the companies to specify the names of every secured/unsecured creditor in their balance sheet, the Supreme Court dismissed the plea of a corporate debtor's suspended director against the initiation of Corporate Insolvency Resolution Process (“CIRP”). In other words, the bench comprising Justices PS Narasimha and Sandeep Mehta observed that when...

'Legal Aid To Poor Should Not Be Poor Legal Aid : Supreme Court Issues Directions To Ensure Prisoners Get Free & Timely Legal Aid

The High Courts may consider the feasibility of issuing a practice direction to the effect that all courts including the High Court while furnishing the copy of the judgment of conviction/dismissal/reversal of acquittal/dismissal of bail applications, may append a coversheet to the judgment informing the convict about the availability of free legal aid facilities for pursuing higher remedies. The coversheet may set out the contact address and phone number of the legal aid committee attached to the court for seeking appropriate guidance. Similar information may be made available in the notices issued to the respondents by the concerned courts in appeals against acquittal.

Supreme Court Sets Aside NCLAT Order Which Closed Insolvency Process Against Byju's Based On Settlement With BCCI

The Supreme Court today (October 23) set aside the order of the National Company Law Appellate Tribunal which closed the insolvency proceedings against ed-tech company Byju's (Think and Learn Pvt Ltd) accepting a settlement between it and the Board of Control for Cricket in India (BCCI) for about Rs 158 crores.The Court held that the NCLAT erred in allowing the withdrawal of the...

Supreme Court Upholds Power Of States To Regulate Industrial Alcohol Under Term 'Intoxicating Liquor'; Justice Nagarathna Dissents

A nine-judge Constitution Bench of the Supreme Court on Wednesday (October 23), held by 8:1 majority, held that the States have the power to regulate 'denatured spirit or industrial alcohol'.The majority concluded so by holding that the term "intoxicating liquor" in Entry 8 of List II (State List) of the Seventh Schedule of the Constitution will include industrial alcohol.The majority held...

Supreme Court Weekly Round-up: October 14, 2024 To October 20, 2024

IndexCitationsShingara Singh v. Diljith Singh and Anr 2024 LiveLaw (SC) 795Neelam Gupta & Ors v. Rajendra Kumar Gupta & Anr., Civil Appeal Nos.3159-3160 of 2019 2024 LiveLaw (SC) 796Somjeet Mallick v. State of Jharkhand & Ors 2024 LiveLaw (SC) 797Renjith KG & Ors. v. Sheeba, Civil Appeal Nos. 8315 – 8316 Of 2014 2024 LiveLaw (SC) 798Kerala State Electricity Board Ltd v....

Supreme Court Orders ₹1 Lakh Compensation To Air Force Official Who Faced Unnecessary Litigation For Overtaking Senior's Vehicle

The Supreme Court ordered payment of Rupees One Lakh compensation to an Airman of the Indian Air Force who was foisted with unnecessary litigation for overtaking a Squadron Leader's vehicle at a railway crossing.The bench comprising Justice PS Narasimha and Justice Sandeep Mehta heard a case where the Air Man-appellant was reprimanded and an admonition order was passed against him for...

'Bank Juristic Person, No Mens Rea' : Supreme Court Quashes FIR Against HDFC Bank & Officials For Violating Income Tax Dept Order

The Supreme Court today quashed a criminal case registered against HDFC Bank Ltd. for violating the notice issued by the Income Tax Department to stop the operation of bank accounts, fixed deposits, and lockers of an income tax assessee. The bench comprising Justices BR Gavai and KV Viswanathan set aside the High Court's decision which refused to quash the case registered against officials...

Take Proactive Steps To Release Deserving Undertrial Prisoners Under S.479 BNSS : Supreme Court To States/UTs

The Supreme Court on Tuesday (October 22) expressed concern over the inadequate implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which the maximum period for which undertrial prisoners can be detained.“A cursory examination of the reports from few of the states and the union territories would indicate that the process of identification of the undertrial...

Eviction Order Under Public Premises Act Doesn't Bar Arbitration For Contractual Disputes : Supreme Court

The Supreme Court observed that an eviction order passed by the Estate Officer under the Public Premises Act would not come in the way while invoking the arbitration clause upon filing an application under Section 11(6) of the Arbitration & Conciliation Act, 1996 (“Arbitration Act”) for appointment of an arbitrator to decide contractual disputes.The bench comprising Justice PS...

Society Expects Every HC Judge To Be An Epitome of Unimpeachable Integrity, Champion Of Moral Excellence & Professionalism : Supreme Court

In a recent judgment, the Supreme Court emphasised the need for the Judges of the High Courts to uphold integrity and probity while discharging judicial functions.The Court made these pertinent observations while recording strong disapproval of the conduct of a Gujarat High Court Judge in releasing the reasoned judgment a year after the operative portion was dictated in the Court.While...