SC: Fatwa or diktat lack legal sanction

 08 July 2014

The Supreme Court bench comprising of Justices Chandramauli Kr. Prasad and Pinaki Chandra Ghose ruled that no Dar-ul-Qazas or any institution by any name, shall give verdict or issue Fatwa touching upon the rights, status and obligation, of an indi

Posted in Constitutional Law 1 comments |   2543 hits


SC: Guidelines in 498A cases

 03 July 2014

Emphasing the fact that Section 498-A is a cognizable and non-bailable offence which has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives the Supreme Court bench com

Posted in Family Law 26 comments |   5982 hits


SC: Consecutive sentences of conviction

 03 July 2014

The Supreme Court bench comprising of Justices Sudhansu Jyoti Mukhopadhaya and Dipak Misra citing 31(2) of the Cr.P.C. has held that if a person is convicted of several offences, including one that of life imprisonment, the no consecutive sentence ca

Posted in Criminal Law |    0 comments |   1588 hits


SC: Landmark judgment on Patent Laws

 25 June 2014

The Supreme Court bench comprising of Justices A.K. Patnaik and Jagdish Singh Khehar addressed the issue of multiplicity of suits in different forums over a claim for patent. The Court held that multiple claims cannot be allowed as it affects the h

Posted in Intellectual Property Rights 1 comments |   2203 hits


SEBI vs Sahara: Fali S. Nariman appointed as Amicus Curiae

 23 June 2014

The Supreme Court bench comprising of Justices T.S. Thakur and A.K. Sikri dismissed the prayer for shifting the contemnors to a guest house for continued custody and detention till they comply with the directions of this Court for their release on

Posted in Corporate Law |    0 comments |   1167 hits


Whether transfer of shares under a family agreement are for a determinable "consideration" or "voluntary", whether the shares are received under a "gift" and benefit of cost and holding period be claimed by transferee?

 17 June 2014

The Respondent is an investment company in which individual members of the Bilakhia family held equal interest. The family members executed a deed of family arrangement with an objective to consolidate and equalize values of the assets held by each o

Posted in Others 1 comments |   2282 hits


Whether benefit of extended period of limitation under explanation 3 of Sec. 153(3) and Sec.267 to pass assessment order pursuant to finding/ direction of appellate authority available if assessee was not given a specific opportunity of being heard?

 14 June 2014

The assessee is a trustee in three different trusts. CIT(A) held that the trusts were not valid trusts since they did not come into existence in accordance with Section 6 of Indian Trusts Act” and its income should be taxed in hands of all the truste

Posted in Taxation |    0 comments |   947 hits


SC: Directions for speedy and expeditious disposal of Sec. 138 NI cases

 02 May 2014

The bench comprising of Justice K.S Radhakrishnan and Justice Vikramajit Singh in a Writ Petition filed by Indian Bank Association and others, issued directions to be followed by all the Criminal Courts in the country dealing with cases under Section

Posted in Corporate Law 1 comments |   5786 hits


Law explaining formation of AOP & taxability of off-shore supply & services

 01 May 2014

The petitioner - Linde had formed a consortium with Samsung through MOU for jointly submitting a bid to secure a tender floated by OPAL to execute a project on turnkey basis. The proposal was accepted by OPAL. The consortium entered into an agreement

Posted in Others 2 comments |   1674 hits


SC: Guidelines for recording statement of a rape victim

 01 May 2014

The bench comprising of Justice Gyan Sudha Misra and Justice V. Gopala Gowda emphasized that the recording of evidence of the rape victim and other witnesses multiple times is the primary reason for delay of the trial. The bench issued the following

Posted in Criminal Law 2 comments |   5049 hits


Whether notices can be issued for TDS default u/s 205 & Sec. 40(a)(i) disallowance if no income arises to the recipient?

 30 April 2014

Two writ petitions were filed under Art. 226 of the Constitution of India, challenging the jurisdiction of the first respondent to (i) reopen the assessment by issue of a notice under section 148 of the Income Tax Act, 1961 (“the Act”) and (ii) to tr

Posted in Others 1 comments |   2954 hits


Special capital incentive by state govt: whether capital receipt?

 25 April 2014

Assessee is a company engaged in the business of manufacturing of internal combustion engines had filed the return of income for the Assessment Year 1997-98 on 30.11.1997 declaring the total income of Rs.41,93,64,490/.The Assessing Officerassessed th

Posted in Others |    0 comments |   1506 hits


SC constitutes a Committee on road safety

 23 April 2014

The bench comprising of Chief Justice P. Sathasivam, Justice Ranjan Gogoi and Justice N.V. Ramana in a Writ Petition filed under Article 32 of the Constitution has appointed a three-member committee to monitor the Central and State Governments on i

Posted in Civil Law 1 comments |   1688 hits


SC landmark judgment recognising transgenders as a third gender.

 17 April 2014

The bench comprising of Justice K.S. Radhakrishnan and Justice A.K. Sikri in a Public Interest Litigation (PIL) filed by National Legal Services Authority (NALSA) seeking the recognition of transgenders as a third gender held that transgenders are to

Posted in Constitutional Law |    0 comments |   1428 hits


SC: Reference to larger Bench has to be for reconsideration of the principle of law and not merits of the decision.

 15 April 2014

The bench comprising of Chief Justice of India, P. Sathasivam, Justice Ranjan Gogoi and Justice N.V. Ramana held that the reference of a case to a larger Bench necessarily has to be for a reconsideration of the principle of law on which the case has

Posted in Constitutional Law |    0 comments |   1719 hits


SC: Dishonour of post-dated cheques is not an offence under NI Act

 15 April 2014

The bench comprising of Justice R.M. Lodha and Justice Shiva Kirti Singh held that the post-dated cheques issued by the appellants(purchasers) as an advance payment in respect of purchase orders cannot be considered in discharge of legally enforceabl

Posted in Corporate Law 11 comments |   4458 hits


SC: Secured creditor cannot take over possession of the secured asset with the lessee under a valid lease

 11 April 2014

The appellants who were tenants of different premises in Mumbai had mortgaged the premises to different banks as securities against loans. The appellants defaulted in repayment loans. The respondents issued notices of 60 days period under SARFAESI A

Posted in Others 2 comments |   3537 hits


SC: Guidelines on appeals against acquittal

 11 April 2014

The bench comprising of Justice R.M. Lodha and Justice Shiva Kirti Singh issued the following guidelines to the appellate courts in dealing with appeals against acquittal: (i) There is presumption of innocence in favour of an accused person and su

Posted in Criminal Law |    0 comments |   2938 hits


Distance Education degree not eligible for LLB

 04 April 2014

Justice K. Vinod Chandran has held that that the graduate degree obtained through the distance education mode, can not be considered as an eligible qualification for admission to three year LL.B course.

Posted in Others 7 comments |   4193 hits


SC: Equal pension for Judges

 02 April 2014

The bench comprising of Justice P. Sathasivam. Justice Ranjan Gogoi and Justice N.V. Ramana held that for the purpose of determing pension, ten years practice as an Advocate should be added as a qualifying service for Judges elevated from the Bar. T

Posted in Constitutional Law 5 comments |   1123 hits










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