Latest Post

Stamp Act, 1899 — Section 9A (inserted by Indian Stamp (Bihar Amendment) Act, 1988) — Exemption of Stamp Duty — Cooperative Societies — Transfer of Premises to Members — Jharkhand Self-Supporting Cooperative Societies Act, 1996 — Section 5(7) — Conclusive Evidence — Mandating recommendation from Assistant Registrar, Cooperative Society, as a prerequisite for granting stamp duty exemption under Section 9A is illegal and ultra vires because the certificate of registration issued under Section 5(7) of the 1996 Act is conclusive proof of the society’s existence, rendering the additional requirement superfluous, unnecessary, and based on irrelevant consideration. (Paras 2.2, 3, 4, 11, 12, 13, 14, 15) General Provident Fund (Central Service) Rules, 1960 — Rules 5(5), 5(6), 33 and Note 2 to Rule 476(V) of Official Manual (Part V) — Interpretation — While Rules 5(5) and 5(6) read together do not automatically cancel a nomination where the subscriber fails to send a notice of cancellation and a fresh nomination — The express condition in the original nomination form stating it invalidates upon the subscriber acquiring a family renders the nomination void the moment the condition (marriage) occurs, triggering distribution under Rule 33(i)(b) to all family members in equal shares. (Paras 5, 7, 8) Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce — Cruelty — Irretrievable breakdown of marriage — Parties living separately for more than thirteen years (since 2012) without any meaningful effort at reconciliation — Relationship deeply embittered and acrimonious — High Court confirmed dissolution of marriage considering the welfare of the parties and their child — Supreme Court affirmed the decree of divorce, holding that perpetuating a legal bond long ceased to have substance would only prolong hostility and impede ability to move forward with dignity, confirming dissolution is in the interest of justice and welfare of all concerned. (Paras 4, 6, 7, 13) Constitution of India, 1950 — Articles 14, 21 — Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Substantive Equality and Inclusion — Scope and Spirit — The measure of a just society demands the removal of barriers for all citizens to realize their potential, transforming formal equality into substantive inclusion — Constitutional vision requires every person, regardless of physical or sensory limitation, to participate with dignity — Rights guaranteed to persons with disabilities are expressions of the constitutional promise of equality, dignity, and non-discrimination, not acts of benevolence. (Paras 1, 12, 13) Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Requirement of High Court permission for withdrawal of cases against sitting or former MPs/MLAs — Following Ashwini Kumar Upadhyay v. Union of India — High Court must exercise judicial mind and give a reasoned order when considering an application for permission to withdraw prosecution against sitting/former legislators — Application must disclose reasons for withdrawal and records of the case must be before the High Court — Absence of requisite permission from the High Court means that the withdrawal application cannot be granted and the criminal proceedings cannot be quashed on this ground — High Court’s rejection of quashing petition confirmed. (Paras 2, 7, 9, 10)

HELD Permitting a candidate to contest from more than one seat in a Parliamentary election or at an election to the State Legislative Assembly is a matter of legislative policy – It is a matter pertaining to legislative policy since, ultimately, Parliament determines whether political democracy in the country is furthered by granting a choice

SUPREME COURT OF INDIA FULL BENCH ASHWINI KUMAR UPADHYAY — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., Pamidighantam Sri Narasimha…

HELD Storage Facility For Edible Oil Not Allowed Outside Port Area – As regards the pipelines which have been drawn, the appellants may approach the relevant District Coastal Zonal Management Authority within a period of one month from today. The District Coastal Zonal Management Authority will consider any application made in regard to the continued use of the pipeline and take a decision in accordance with law within a further period of six weeks from the date of the receipt of the application.

SUPREME COURT OF INDIA FULL BENCH K.T.V. HEALTH FOOD PRIVATE LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : K.M. Joseph, B.V. Nagarathna and J.B.…

Writ Petition – Alternative remedy – mere availability of an alternative remedy of appeal or revision, which the party invoking the jurisdiction of the high court under Article 226 has not pursued, would not oust the jurisdiction of the high court and render a writ petition “not maintainable”.

SUPREME COURT OF INDIA DIVISION BENCH M/S GODREJ SARA LEE LIMITED — Appellant Vs. THE EXCISE AND TAXATION OFFICER-CUM-ASSESSING AUTHORITY AND OTHERS — Respondent ( Before : S. Ravindra Bhat…

Income Tax Act, 1961 – Sections 2(15) and 11 – Exemption for income derived from property held under trust – the matter requires to be re-examined, and the question as to whether the amounts received by the assessee qualify for exemption, under Section 2 (15) or Section 11 needs to be gone into afresh.

SUPREME COURT OF INDIA DIVISION BENCH PR. COMMISSIONER OF INCOME TAX (EXEMPTIONS) DELHI — Appellant Vs. SERVANTS OF PEOPLE SOCIETY — Respondent ( Before : S. Ravindra Bhat and Dipankar…

Penal Code, 1860 (IPC) – Section 376 – Rape – False promise to marry – Acquittal – It would be a folly to treat every breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 – There is a difference between giving a false promise and committing breach of promise by the accused

SUPREME COURT OF INDIA DIVISION BENCH NAIM AHAMED — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. ) Criminal Appeal…

Penal Code, 1860 (IPC) – Ss 323, 384, 406, 423, 467, 468, 420 and 120B – Civil remedy – In respect of the issue involved, which is of civil nature, the respondent had already a civil suit and it is pending, there can be no doubt with respect to the fact that the attempt on the part of the respondent is to use the criminal proceedings as weapon of harassment against the appellants. FIR Quashed

SUPREME COURT OF INDIA DIVISION BENCH USHA CHAKRABORTY AND ANOTHER — Appellant Vs. STATE OF WEST BENGAL AND ANOTHER — Respondent ( Before : Ajay Rastogi and C.T. Ravikumar, JJ.…

You missed