Supreme Court interprets ‘Fact Thereby Discovered’ under Section 27 of the Evidence Act
The Court held that FSL Report was not enough in the absence of any proof that the recovered weapon was indeed used in the commission of the offence.
Interpretation of Statutes
Supreme Court flags ‘interpretative deadlock’ between S. 13(8) of SARAFESI Act & Rr. 8/9 of SARFAESI Rules; Urges Finance Ministry to act in earnest
“The interpretative deadlock between the provision and the rules has single handedly resulted in a huge mess insofar as enforcement of security interest is concerned., giving birth to an endless pipeline of litigation clogging the specialized forums of the DRT and DRAT, that are expected to expeditiously decide matters of recovery of debt”.
Explained | Supreme Court decision on scope & ambit of Section 11 of the SARFAESI Act
“There is no need for an explicit written arbitration agreement to attract Section 11 of the SARFAESI Act. The provision creates a legal fiction as regards the existence of an arbitration agreement”
‘Man’, ‘woman’ and ‘sex’ defined under Equality Act, 2010 refers to biological sex and not certified sex: UK Supreme Court
The Court said that the interpretation of the EA 2010, does not cause disadvantage to trans people, with or without a Gender Recognition Certificate (GRC).
Explained | Why SC referred matter concerning clear interpretation of S. 14, Hindu Succession Act to larger bench
The Court pointed out that the issue is of utmost importance as it affects the rights of every Hindu female. It is absolutely necessary that there must be clarity and certainty in the position of law that would govern proprietary interests of parties involving interpretation of Section 14 of the Hindu Succession Act.
What Justice Nagarathna held on States’ power to regulate ‘Industrial alcohol’ as lone dissenting voice in 8:1 verdict
Nagarathna, J., was of the view that Synthetics and Chemicals Ltd. v. State of U.P., (1990) 1 SCC 109, did not require overruling and it continues to be good law in the context of what is comprised in the expression “industrial alcohol” and “intoxicating liquors”.
Read Supreme Court’s Majority Opinion on States’ power to regulate industry of ‘Intoxicating Liquor’
This majority decision overruled Supreme Court’s 7-Judge Bench ruling in Synthetics and Chemicals Ltd. v. State of U.P., (1990) 1 SCC 109, wherein it was held that States cannot tax industrial alcohol.
States have the power to regulate and tax Industrial Alcohol, holds Supreme Court by 8:1 majority
This majority decision further overruled Supreme Court’s 7-Judge Bench ruling in Synthetics and Chemicals Ltd. v. State of U.P., (1990) 1 SCC 109, wherein it was held that States cannot tax industrial alcohol.
Cannot confer Indian citizenship to foreign citizens by doing violence to the plain language of Citizenship Act, 1955: SC
“There is no scope to bring equitable considerations while interpreting such a statute as the language of Sections 5, 8 and 9 is plain and simple, hence there is no scope for its liberal interpretation”.
UAPA| 14-Days timeline for grant of sanction mandatory; Validity of sanction to be ordinarily challenged at the earliest stage: SC
The Supreme Court clarified that the observations made in this judgment shall apply prospectively.
Compassionate Appointment | ‘Family’ defined as a matter of policy to exclude daughter-in-law; Courts can’t expand/constrict the statutory definition: Karnataka HC
Considering the contention to read down R. 2(b)(ii) of Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 2021, the Court pointed out that who all can lay a claim for compassionate appointment, is a matter of public policy that falls within the domain of the lawmaker, and Courts being the legislature’s coordinate branch, cannot run a race of opinions.
Order granting/declining ex-parte interim measure in Commercial Arbitration Dispute is appealable under S. 37, A&C Act, 1996: Karnataka HC
In the instant appeal, the Court had to consider the interplay of Sections 9 and 37 of the A&C Act; Section 13 of the Commercial Courts Act, 2015 and Rule 9 of High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001.
Embryos kept in a cryogenic nursery are “children” as per Alabama’s Wrongful Death of a Minor Act: Supreme Court of Alabama
The Court held that Wrongful Death of a Minor Act provides a cause of action for the death of any “minor child,” without exception or limitation, which means it also includes frozen embryos.
1868 Treaty does not require Permanent Residence for Shoshone and Bannock Tribes’ reserved Hunting Rights: US Court of Appeals
Interpreting the Treaty of Fort Bridger, 1868, the Court stated that the parties expressly made the reserved hunting right contingent on maintaining peace and not on living on a reservation.
Child adopted by government servant’s Hindu widow, after his death, not ‘family’ under the CCS (Pension) Rules: Supreme Court
The bench of KM Joseph and BV Nagarathna, JJ has held that the definition of ‘family' under the Central Civil Services (Pension) Rules, 1972 is a restrictive and specific one and cannot be expanded to take within its sweep, all heirs, as provided under Hindu law, or other personal laws.
Can a ‘customer’ in a brothel be proceeded against criminally under the Immoral Traffic (Prevention) Act, 1956; Kerala High Court answers
Kerala High Court held that the words ‘person with whom such prostitution is carried on’ as appearing in section 7(1) of the Immoral Traffic (Prevention) Act, 1956 will include a ‘customer’. Thus, a customer in a brothel can be proceeded against criminally.
All State Regulatory Commissions must frame Regulations for determination of Electricity tariff within 3 months: Supreme Court
The Electricity Act, 2003 does not prescribe one dominant method to determine tariff as it seeks to distance the State Governments from the determination and regulation of tariff, placing such power completely within the ambit of the Appropriate Commissions.
Bar under Order II Rule 2 CPC cannot apply to an amendment sought on an existing suit; Supreme Court lays down Principles for Amendment of Pleadings
Supreme Court: On the question as to whether Order II Rule 2 CPC can be made applicable to an application for amendment
“A bus by bus, a mini-bus by mini-bus and not bus by a mini-bus” isn’t a correct way to interpret the expression “same nature”: Supreme Court
Supreme Court: The Division Bench comprising of K.M. Joseph and Pamidighantam Sri Narasimha*, JJ., held that Rule 174(2)(c) of the Kerala Motor
“In a taxing statute, it is the plain language of the provision that has to be preferred”. APMCs liable to pay service tax under the category of ‘renting of immovable property service’: SC
Supreme Court: In the instant appeals, the Market Committees located in Rajasthan raised their grievance over the decision of CESTAT that respective