Landmark Judgments on SEBI by Supreme Court and High Courts in 2022 Part II
by Siddharth R. Gupta*
Cite as: 2023 SCC OnLine Blog Exp 78
Search Results for: B V Nagarathna
Decoding Supreme Court three Judge bench verdict in 26-week pregnancy case
Supreme Court said that the delivery will be conducted by AIIMS at the appropriate time and the Union Government will bear all the medical costs for the delivery.
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Know how the Question of abortion versus preterm delivery for unplanned pregnancy led to Supreme Court split verdict
A letter was received by ASG seeking clarification from the Court regarding whether foeticide can be done before termination process since the baby was viable, and that if that was not done, it would be a preterm delivery and not a foeticide.
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Family Planning | Know why the Supreme Court allowed termination of unplanned pregnancy at 26 weeks
The woman had adopted Lactational Amenorrhea Method (‘LAM’), a process which implies absence of menstruation due to continuing breast feeding as a contraceptive method.
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Supreme Court delivers split verdict in 26-week medical termination of pregnancy case
The case is of a married couple who conceived for a third time and due to financial and emotional reasons cannot raise the child. The woman sought the court’s intervention for abortion, as her pregnancy had crossed the legally permissible limit of 24 weeks for abortions under the MTP Act
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Supreme Court Roundup September 2023| DSPE Act; HIV/AIDS Guidelines; Self-Respect & Secular Marriages; Rights of Children from Null & Void Marriages; & more
This roundup revisits the analyses of Supreme Court’s judgments/orders on DSPE Act; HIV/AIDS guidelines; Self-respect and secular marriages; Andaman & Nicobar Islands Gang rape case; and more. It also covers Cases Reported in SCC Weekly in the month of September; Explainers on important law points; and Never reported Judgments
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RPF Constable a railway servant; entitled to claim under Employees Compensation Act, 1923: Supreme Court
The Supreme Court settled that the legislative intent was not there to exclude its members or their heirs from the benefits of compensation payable under the 1923 Act or the 1989 Act.
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KSCARDB a co-operative society, entitled to benefit under Section 80P of Income Tax Act: Supreme Court
The instant appeals had challenged the orders passed by Kerala High Court, Commissioner of Income Tax (Appeals) (‘CIT(A)’) and Income Tax Appellate Tribunal (‘ITAT’).
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Know Thy Judge | Supreme Court of India: Justice Vikram Nath
Justice Vikram Nath, a fourth generation legal luminary and sitting Judge of the Supreme Court of India, is likely to become Chief Justice of India for seven months in 2027.
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SC upholds validity of Himachal Pradesh Passengers and Goods Taxation Act, 1955; NHPC liable to pay tax on vehicles carrying employees and family gratis
The Supreme Court affirmed the Himachal Pradesh High Court’s orders, whereby the validity of the Himachal Pradesh Passengers and Goods Taxation Act, 1955 as amended by the Himachal Pradesh Passengers and Goods (Amendment and Validation) Act, 1997 were upheld.
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No absolute or unfettered discretion on the part of Liquidator to cancel auction which is otherwise valid: Supreme Court
Supreme Court said that the mere expectation of the Liquidator that a still higher price may be obtained can be no good ground to cancel an otherwise valid auction and go for another round of auction.
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Supreme Court lays down Principles for exercise of legislative power of abrogating a law declared invalid by Court
“If the legislature merely seeks to validate the Acts, struck down or rendered inoperative by a Court, by a subsequent legislation without curing the defects in such legislation, the subsequent legislation would be ultra-vires“.
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No bar on seeking restoration of appeal if assessee is unsuccessful in availing benefit under Amnesty Scheme: Supreme Court
Supreme Court said that, since the appeal is a statutory remedy, the appellant had availed it and withdrawn the same, only as a pre-condition for availing the benefit under the Amnesty Scheme.
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Supreme Court Roundup August 2023 | Modi Surname Defamation; Ex-RJD MP conviction; Dying Declaration; Arnesh Kumar guidelines; Dissenting Opinion in Arbitration, and more
Take a round of the Supreme Court's Judgments and Recommendations of the Collegium in the month of August along with some top stories on Rahul Gandhi's conviction, V Senthil Balaji, Manipur Violence and much more.
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Know Thy Judge | Supreme Court of India: Justice Prashant Kumar Mishra
Justice Prashant Kumar Mishra started his legal career from the District Courts and High Courts of Madhya Pradesh and Chhattisgarh and was later appointed as the Chief Justice of Andhra Pradesh High Court.
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Executing Court cannot hold execution decree inexecutable, merely because decree-holder lost possession to an encroacher: Supreme Court
“If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over possession to a third party to defeat the decree-holder's right and entitlement to enjoy the fruits of litigation and this may continue indefinitely and no decree for immovable property can be executed.”
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Supreme Court decides taxability of interest income on Bank FDs of Clubs; Illuminates Ratio Decidendi
“A decision in a case takes its flavour from the facts of the case and the question of law involved and decided.”
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Supreme Court Roundup July 2023 | Top Stories on ED Director SK Mishra, Gyanvapi Mosque survey, Section 304 IPC Maze, Guidelines for Senior Advocate designation, and more
Find crux of what happened in major matters dealt by Supreme Court of India in July 2023 with interesting stories on Teesta Setalvad bail, guidelines for designation of Senior Advocates, Supreme Court's suo motu cognizance of Manipur women incident, final extension of ED Chief SK Mishra's tenure, and much more.
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‘Courts cannot lose sight of serious accusations against an accused while granting bail’; SC sets aside cryptic and casual bail order
The Supreme Court said that due consideration must be given to the facts which are suggestive of the nature of crime, the criminal antecedents of the accused and the nature of punishment that would follow a conviction vis-à-vis the offences alleged against an accused.
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“To clinch a conviction, circumstances ought to form a chain to indicate that the accused and no one else committed the crime”: Supreme Court
The instant matter related to a person killed while he was travelling with his group on scooter, allegedly by constables patrolling the village, which was investigated by the Central Bureau of Investigation (‘CBI’).
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