Supreme Court To Examine Validity Of 'Exorbitant' Enrolment Fees Charged By State Bar Councils

The Supreme Court on Monday issued notice on a writ petition which challenged the different enrolment fees being charged by different state bar councils as exorbitant.Terming that it is a "significant issue", a bench comprising Chief Justice of India DY Chandrachud, Justices PS Narasimha and JB Pardiwala issued notice to the Union Government, Bar Council of India and all state bar councils on...

Hiba: Gift Under Muslim Law- Questions & Answers By Justice V Ramkumar [Part-I]

While in the case of Hindus, Christians, Parsis etc., we in India have statute law laying down and regulating their marriage, divorce, testamentary and intestate succession etc., in the case of Mahomedans (Muslims), by and large, we do not have any statute law governing the above aspects. Even though gift is a transfer of movable or immovable property with immediate effect and...

Technology by Itself Not a Remedy for All Ills: CJI DY Chandrachud Emphasises Need for Digital Inclusion

The Chief Justice of India DY Chandrachud on Friday emphasised the need for digital inclusion and an ecosystem that allows the benefits of technology to be actualised. “Technology by itself is not a panacea,” the Supreme Court judge reminded, as he highlighted the importance of tailoring Indian technology with respect to our social realities and making our design...

Section 263 Income Tax Act | Erroneous Order Of Assessing Officer Causing Prejudice To Revenue Is Revisable By CIT : Supreme Court

The Supreme Court has held that the Commissioner of Income Tax can exercise revision powers under Section 263 of the Income Tax Act over the orders of the Assessing Officer which cause prejudice to the interest of the revenue.The Top Court set aside the Bombay High Court’s order where the High Court had ruled that the amount paid by the assessee to its shareholders in lieu of settlement...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 211 - 242) [March 20 – 26, 2023]

SUBJECT WISE INDEXAccess to JusticeFundamental right of Access to Justice - Abolition of OAT does not violate right of access to justice as cases will be heard by High Court - The fundamental right of access to justice is no doubt a crucial and indispensable right under the Constitution of India. However, it cannot be interpreted to mean that every village, town, or city must house every forum...

Supreme Court Monthly Round-Up (March 2023)

Supreme Court Monthly Round-up brings to you all important developments on a wide range of legal issues from the Apex Court of the country. Whether you are a legal professional, a law student, an academic, or just someone interested in understanding the latest developments in Indian law, this digest provides with a concise and insightful overview of the Supreme Court's jurisprudence, and is...

Issuance Of Corporate Guarantee On Behalf Of Group Companies Without Consideration Is Not A Taxable Service: Supreme Court

The Supreme Court has held that the issuance of a corporate guarantee on behalf of group companies without consideration is not a taxable service.The division bench of Justice Hrishikesh Roy and Justice Manoj Misra has observed that, as there is no consideration involved, no service tax would be assessed on the corporate guarantees given by a parent company to its subsidiaries.The department...

DRT Presiding Officer Moves Supreme Court Against Adverse Observations Of P&H High Court

The Presiding Officer of DRT-II Chandigarh has moved the Supreme Court against the adverse observations made by the Punjab and Haryana High Court that is alleged to have grave consequences impacting his performance of legal duties.In the present Special Leave Petition, the Officer has claimed that the impugned order passed by the High Court (23.03.2023) has a devastating effect on his...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-II]

Q.6 What is meant by saying that “a person died intestate” ? Ans. It means that the person died without having executed a Will. His properties will, therefore, be subject to the personal law of succession and inheritance. Q.7 What is meant by “succession” ? Ans. Succession means the transmission of the rights and obligations of a deceased person to his heirs under the...

Settlement Deed In A Partition Suit Must Include Written Consent Of All Parties; Consent Decree Among Only Some Parties Not Maintainable : Supreme Court

The Supreme Court Bench comprising of Justice A.S. Bopanna and Justice J.B. Pardiwala, while adjudicating an appeal filed in Prasanta Kumar Sahoo & Ors. v Charulata Sahu & Ors., has held that in a suit for partition of joint property, a decree by consent amongst only some of the parties cannot be maintained. When a settlement deed has been executed in respect of a joint...

'Set Your House In Order' : Supreme Court Warns Defence Ministry After Women Army Officers Allege Discrimination in Promotions [Read Full Courtroom Exchange]

The Supreme Court of India on Wednesday (April 5) pulled up the defence ministry over allegations of unfairness and discrimination in rank promotion for women army officers who were granted permanent commission following its landmark Babita Puniya decision. A bench of Chief Justice DY Chandrachud and Justice JB Pardiwala was hearing a couple of applications preferred by women...

E- Monitoring For Road Safety | Supreme Court Informed About MoRTH Plan To Standardise Guidelines For Uniformity Across Nation

In a plea before the Supreme Court seeking electronic monitoring of roads to ensure safety and prevention of accidents, the Ministry of Road Transport and Highways of India (MoRTH) has indicated that it will undertake the exercise of standardisation and bring detailed guidelines to integrate software and hardware with e-vahan/e-challan to ensure uniformity across India. The matter was heard by...