Supreme Court seeks explanation from Registry to explain premature listing of bail application in money laundering case
Supreme Court suspected potential manipulation, indicating that someone might be purposely controlling the listing process.
Justice Abhay S Oka
Chairman or any other Member acting alone, cannot authorise Search under Section 30(1) of PNDT Act: Supreme Court
Pointing out that if the law requires a particular thing to be done in a particular manner, the same shall be done in that manner only, the Court held that decision to authorise search must be a decision of the Appropriate Authority as a whole.
“Bail is the rule, Jail is an exception” Supreme Court reiterates; Grants conditional bail to person accused under UAPA
The Court took serious note of distortions in the chargesheet vis-a-vis attributing certain statements to the protected witness, which he did not make, stating that NIA owes an explanation, and the investigating machinery must be fair.
Supreme Court issues notice in Rouse Avenue Bar Association’s plea against Delhi HC order recognising ‘Central Delhi Court Bar Association’ as Court annexed bar body
The Delhi High Court had ruled that the Central Delhi Court Bar Association shall be recognized as the Court annexed Bar Association for the Rouse Avenue District Court Complex in the national capital.
Read Justice BV Nagarathna’s sole dissent in SC’s verdict on ‘royalty’ as tax and States power to levy cess on mineral rights
“Royalty is in the nature of a tax or an exaction. It is not merely a contractual payment but a statutory levy under Section 9 of the MMDR Act.”
Supreme Court on Parliament’s power to impose limitations on State to levy tax on mineral rights
Supreme Court said that authorizing the Central Government to lay down the terms of mining leases and grant approval to concessions, the MMDR Act seeks to ensure that there is uniformity in the terms for working of mines and extraction of minerals.
Explained | Supreme Court’s verdict on ‘royalty’ as tax and States power to levy cess on mining and mineral-use activities
“The payments made to the Government cannot be deemed to be a tax merely because the statute provides for their recovery as arrears”.
Supreme Court holds that States can levy cesses on mining and mineral-use activities; Justice BV Nagarathna dissents
This matter was the oldest pending nine-judge Bench case before the Supreme court. The Bench had reserved its judgment in the matter on 14-03-2024
Power to grant interim stay of operation of bail order can only be exercised in exceptional cases: Supreme Court
“An order granting a stay to the operation of the order granting bail during the pendency of the application for cancellation of bail should be passed in very rare cases”
Not mandatory for plaintiff in specific performance suit to seek cancellation of subsequent sale deed executed by seller in favour of informed third party: SC
Section 19(b) provides that a specific performance of a contract may be enforced against any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract.
Live location Bail Condition enabling police to constantly track movements and virtually peep into private life of accused cannot be imposed: SC
The Court was considering whether a bail condition requiring an accused to share Google Maps Pin with the investigating officer to access his location violates right to privacy guaranteed under Article 21 of the Constitution.
Supreme Court imposes Rs. 25,000 costs on All India EPF Staff Federation on failure to disclose full facts in a case
“The impugned order passed by the Delhi High Court adequately protects the interests of the Federation as all the appointments have been made subject to the outcome of the pending Writ Petition”
Supreme Court acquits 5 in murder case on material omissions affecting reliability of witnesses
“The requirement under Section 145 of the Evidence Act, 1872 of confronting the witness by showing him the relevant part of his prior statement is to give the witness a chance to explain the contradiction and this is a rule of fairness.”
Know Thy Judge | Supreme Court of India: Justice Abhay Shreeniwas Oka
Looking into Justice Abhay S. Oka’s life, career and important judgments which have been instrumental in protecting the rights of marginalized communities and promoting freedom of expression, thereby making him a harbinger of social change and preserver of administrative accountability.
[Financial Debt v. Operational Debt] SC clarifies when a ‘debt’ is considered as financial debt and operational debt under IBC
“While deciding that whether a debt is a financial debt or an operational debt arising out of a transaction covered by an agreement or arrangement in writing, it is necessary to ascertain what is the real nature of the transaction reflected in the writing.”
Supreme Court grants bail to POCSO accused languishing in jail from past 4 years
Supreme Court viewed that the accused is entitled to be enlarged on bail pending trial, especially when no antecedents of the accused have been brought on record.
Supreme Court strikes blanket exemption under EP Rules; holds ‘Citizen’s participation cannot be prevented by casual exercise of power under Rule 5(4)’
Supreme Court questioned the haste shown by the Central Govt issuing impugned notification during nationwide lockdown and held the inclusion of item 6 to be illegal.
Section 59 of Food Safety and Standards Act overrides Sections 272 and 273 of Penal Code: Supreme Court
Supreme Court in the instant matter explained that when offence under Sections 272 and 273 was made out, offence under Section 59 of FSSA would be attracted.
Supreme Court acquits convict in a 42-year-old murder case
“Any lingering doubt about the involvement of an accused in the crime he is accused of committing, must weigh on the mind of the court and in such a situation, the benefit of doubt must be given to the accused.”
SC upholds Karnataka HC’s decision granting 15% interest on belated refund of Duty Drawback to Civil Construction under Exim Policy 1992-1997
“The benefit of duty drawback would take effect from the date of enforcement of the Exim Policy and in case of belated refund of duty drawback, interest rate fixed by the Central Government at the relevant point of time is applicable”.