Value Of Returned Goods Is To Be Considered For Determining Value For Refund Under Section 173­L Central Excise Act: Supreme Court

The Supreme Court observed that the value of the returned goods is to be considered for the purpose of determining the value for refund under Section 173­L of the Central Excise Act.The bench comprising Justices MR Shah and Krishna Murari rejected the contention that the returned goods may be treated as a raw material and therefore the "value" of the raw material can be ...

Section 239 CrPC - Court Can Only Look Into Prima Facie Case & Decide Whether Prosecution Case Is Groundless: Supreme Court

In a judgment delivered on Monday (5 September 2022), the Supreme Court explained the ambit and scope of exercise of power to discharge an accused under Sections 239 of Code of Criminal Procedure.The court observed that the only consideration at the stage of Section 239/240 is as to whether the allegation/charge is groundless.The test which may be applied for determining whether the charge...

PCPNDT Act : Supreme Court Asks Union Govt To Inform State Steps Taken For Enforcement

The Supreme Court of India on Friday asked the Union Of India to inform the steps it has taken to direct appropriate authorities for initiation of punishment/ penalty for violations under the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PCPNDT Act) and related rules.The PCPNDT Act was enacted with the intent to prohibit prenatal diagnostic techniques...

Restitution Of Conjugal Rights Does Not Violate Right To Privacy; Continuation Of Marriage Legitimate State Interest : Centre Tells Supreme Court

The Central Government has today filed a Counter Affidavit opposing a plea filed in the Supreme Court challenging the constitutional validity of the Section 9 of the Hindu Marriage Act, Section 22 of the Special Marriage Act and Order 21 Rule 22 and 23 of the Code of Civil Procedure which are provisions relating to the restitution of Conjugal Rights.The Central Government stated that there is...

Government Not Funded By Everyone, Only 4% Of Citizens Pay Income Tax: Justice Hemant Gupta In Hijab Case Hearings

Supreme Court bench comprising Justices Hemant Gupta and Sudhanshu Dhulia heard a batch of petitions challenging the ban on wearing Hijab in educational institutions in Karnataka on Monday. Senior Advocate Sanjay Hegde started the main arguments and stated that it was wrong to tell grown up women, that they would have no control over their own concept of modesty. Thus, women could not be...

Uniform Grounds For Divorce, Alimony : Supreme Court Seeks Centre's Response

The Supreme Court of India on Monday asked the Union government to file a comprehensive report regarding its stand in a batch of Public Interest Litigations seeking uniformity in the personal laws regulating marriage divorce, maintenance and alimony for Indian citizens. A Bench of Chief Justice of Indian UU Lalit and Justice Ravindra Bhat asked the petitioners to give details about...

"There Are Supreme Court Judges Wearing Tilak, Pagdi", Says Rajeev Dhawan; "Pagdi Not Equivalent To Hijab", Replies Justice Hemant Gupta

While hearing the batch of petitions challenging the Karnataka High Court's judgment which upheld the ban on wearing hijab by Muslim girl students in some schools and colleges in the State, Justice Hemant Gupta orally remarked that a "pagdi" was not equivalent to a "hijab" and the two could not be compared. The oral arguments started with Senior Advocate Rajeev Dhawan stating that the...

Scheme For Appointing Heirs Of Employees On Their Retirement Is Unconstitutional : Supreme Court

The Supreme Court observed that appointment to the heirs of the employees on their retirement/ superannuation is violative of Articles 14 and 15 of Constitution of IndiaIf such an appointment is permitted, in that case, outsiders shall never get an appointment and only the heirs of the employees on their superannuation and/or retirement shall get an appointment and those who are the...

Supreme Court Seeks Centre's Response On Plea To Introduce 33% Women Reservation In Parliament & State Assemblies

The Supreme Court on Monday, while hearing a plea seeking to re-introduce the Women's Reservation Bill, 2008 before both the houses of the Parliament, noted that it is an important matter and directed the petitioner to serve notice to the Union of India.A bench comprising of Justice Sanjiv Khanna and Justice J. K. Maheshwari was hearing a PIL filed by National Federation of Indian Women...

Supreme Court Issues Notice On Plea Seeking Independent Mechanism To Appoint Election Commissioners

The Supreme Court on Monday issued notice on a plea challenging the constitutional validity of the practice of Union of India and Election Commission of India in appointing the members of the Election Commission as being violative of Article 14, 324(2) and the basic features of the Constitution.A bench comprising of Justices Ajay Rastogi and B. V. Nagarathna was considering a petition filed...

Supreme Court Appoints Senior Advocate KV Viswanathan As Amicus Curiae In Plea Challenging ED Director's Extension; Posts Matter For Disposal On Sep 19

The Supreme Court, on Monday, appointed Senior Advocate KV Viswanathan as an amicus curiae for assistance in deciding a batch of petitions challenging the extension given to the Director of the Directorate of Enforcement.The petitions also challenge Central Vigilance Commission (Amendment) Act 2021which allows the extension of the term of the Director of the Enforcement of Directorate up to...

Hijab Case : Can Religious Clothing Be Worn In A Govt Institution In A Secular Country? Supreme Court Asks During Hearing [Day 1]

The Supreme Court, on Monday, heard a batch of petitions challenging the Karnataka High Court's judgment which upheld the ban on wearing hijab by Muslim girl students in some schools and colleges in the State.The matter was heard by the bench comprising Justices Hemant Gupta and Sudhanshu Dhulia. At the outset, Senior Advocate Dushyant Dave appearing for petitioners, requested the matter to...