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Supreme Court

Supreme Court Allows Appeal in Part, Sets Aside Rajya Sabha Election Due to Improper Reception of Vote by Disqualified MLA. Disqualification under Section 8(3) of Representation of People Act, 1951 takes effect from date of conviction, not from start of day, but vote cast before conviction is valid; however, improper reception of vote at counting renders election void.

17 Jan 2020

The case involves an appeal against the dismissal of an election petition challenging the election of Dhiraj Prasad Sahu to the Rajya Sabha from Jhark...

Supreme Court

Supreme Court Allows Appeal in Sales Tax Dispute Over Time Charter Agreement — Holds That Time Charter Is a Service Contract, Not Transfer of Right to Use Goods. The Court ruled that a time charter does not involve transfer of possession or control, thus not taxable under Section 5C of Karnataka Sales Tax Act, 1957.

4 Dec 2019

The appellant, The Great Eastern Shipping Co. Ltd., owned a tug named 'Kumari Tarini' and entered into a Time Charter Agreement dated 8.1.1998 with th...

Supreme Court

Supreme Court Refers Review Petitions on Women's Entry to Sabarimala Temple to Larger Bench — Constitutional Questions on Religious Freedom and Essential Practices Require Authoritative Determination by Seven-Judge Bench. The court identified an apparent conflict between Shirur Mutt and Durgah Committee regarding judicial review of essential religious practices under Articles 25 and 26 of the Constitution.

14 Nov 2019

The Supreme Court, in a judgment dated November 14, 2019, disposed of a batch of review petitions and connected matters arising from the earlier judgm...

Supreme Court

Supreme Court Rejects Recusal Plea in Land Acquisition Reference. Judge Who Decided Smaller Bench Can Sit in Larger Bench to Reconsider Same Issue as Bias Plea Based on Extrajudicial Factors.

23 Oct 2019

This order arises from a reference to a five-judge Constitution Bench of the Supreme Court of India concerning the interpretation of Section 24 of the...

Supreme Court

Supreme Court Reviews Its Own Guidelines on Arrest and Anticipatory Bail Under SC/ST Act. Directions Requiring Preliminary Enquiry and Approval for Arrest Quashed as Legislative Overreach, but Anticipatory Bail Direction Upheld.

1 Oct 2019

The Union of India filed a review petition against the Supreme Court's judgment dated 20.3.2018 in Criminal Appeal No.416 of 2018, which had issued gu...

Supreme Court

Supreme Court Dismisses Application Seeking Direction to Enact Custodial Torture Legislation, Upholding Separation of Powers. Court holds that directing Parliament to legislate would violate the basic structure of the Constitution, despite acknowledging the gravity of custodial torture and India's international obligations under the UN Convention.

5 Sep 2019

The applicant, Dr. Ashwani Kumar, a senior advocate and former Law Minister, filed a miscellaneous application in a disposed writ petition seeking a d...

Supreme Court

Supreme Court Dismisses Union of India's Challenge to Advisory Board Opinion in COFEPOSA Detention Case — Advisory Board's Opinion of No Sufficient Cause for Detention is Non-Justiciable and Not Subject to Challenge Under Article 136

21 Aug 2019

The case involves a challenge by the Union of India against the opinion of the Advisory Board constituted under the Conservation of Foreign Exchange a...

Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

Supreme Court

Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

27 Feb 2019

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

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