Juvenile Justice (Care and Protection of Children) Act, 2015 – COVID-19 pandemic – Interest of children, all of whom fall within the ambit of Act – Directions and Guidelines issued.
SUPREME COURT OF INDIA DIVISION BENCH IN RE CONTAGION OF COVID 19 VIRUS IN CHILDREN PROTECTION HOMES ( Before : L. Nageswara Rao and Deepak Gupta, JJ. ) Suo Moto…
Burden To Prove That The Property Is A Joint Property Of An HUF Is On The Person Who Asserts So: SC HELD “Merely because the business is joint would not raise the presumption that there is a Joint Hindu Family.”
Burden To Prove That The Property Is A Joint Property Of An HUF Is On The Person Who Asserts So: SC [Read Judgment] LIVELAW NEWS NETWORK 4 April 2020 7:16…
Person Who Takes Benefit Of A Portion Of The Will Cannot Challenge The Remaining Portion: SC HELD ” A party cannot blow hot and blow cold at the same time.”
Person Who Takes Benefit Of A Portion Of The Will Cannot Challenge The Remaining Portion: SC [Read Judgment] Ashok Kini 3 April 2020 5:46 PM ” A party cannot blow…
Electricity Act, 2003 – Levy of wheeling charges – Transmission licence – It was contended on behalf of HPCL that 110 kV HPCL line is a transmission line – The metering for HPCL is done at TPC-D sub-station which is admittedly a transmission asset – The CEA Regulations 2010, the Maharashtra Electricity Regulatory Commission (Transmission Open Access) Regulations, 2016 and the Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2016 provide for demarcation between the transmission and distribution boundaries on the basis of voltage – The Tribunal erred in ignoring the said Regulations while holding that 2×110 kV lines are part of the distribution system HELD Tribunal judgement set aside, remitted for fresh adjudication.
SUPREME COURT OF INDIA DIVISION BENCH SAI WARDHA POWER GENERATION LIMITED — Appellant Vs. THE TATA POWER COMPANY LIMITED DISTRIBUTION AND OTHERS — Respondent ( Before : L. Nageswara Rao…
Service Law – Disaster Management Act, 2005 – Section 44 – Disaster Management (National Disaster Response Force) Rules, 2008 – Rule – 75 – Deputation Allowance – Jurisdiction of High Court – Till 11.09.2009 the respondent continued to be under the control of his parent organisation i.e. CISF and was also getting his pay and allowances from the said authority. Therefore, though he as a member of his Battalion may have been serving the NDRF, it cannot be said that he was on deputation to the NDRF
SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. R. THIYAGARAJAN — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Civil Appeal…
NDTV TAX CASE : Income Tax Act, 1961 – Sections 147 proviso 2 and 148 – Scrutiny Notice – If the revenue is to rely upon the second proviso and wanted to urge that the limitation of 16 years would apply, then in opinion in the notice or at least in the reasons in support of the notice, the assessee should have been put to notice that the revenue relies upon the second proviso HELD We accordingly allow the appeal by holding that the notice issued to the assessee shows sufficient reasons to believe on the part of the assessing officer to reopen the assessment but since the revenue has failed to show non-disclosure of facts the notice having been issued after a period of 4 years is required to be quashed.Therefore, the revenue may issue fresh notice taking benefit of the second proviso if otherwise permissible under law.
SUPREME COURT OF INDIA DIVISION BENCH NEW DELHI TELEVISION LIMITED — Appellant Vs. DEPUTY COMMISSIONER OF INCOME TAX — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ.…
Landlord and Tenant — Eviction — Denial of relationship — Original owner inducted tenant — Owner made family settlement in favour of his son with regard to demised premises, thus son of landlord acquired title — Such confernment/settlement to title cannot be questioned by tenant — Eviction petition by son of original landlord on his personal necessity upheld.
2020(1) Indian Civil Cases 761 (S.C.) SUPREME COURT OF INDIA Before :– R. BANUMATHI, A.S. BOPANNA & HRISHIKESH ROY, JJ. Civil Appeal No. 6572 of 2010 / Decided on 15/11/2019…
Environmental Clearances – Circular – Grant of ex post facto environmental clearances – HELD This Court must take a balanced approach which holds the industries to account for having operated without environmental clearances in the past without ordering a closure of operations – The directions of the NGT for the revocation of the ECs and for closure of the units do not accord with the principle of proportionality – Penalties must be imposed for the disobedience with a binding legal regime – The breach by the industries cannot be left unattended by legal consequences –
SUPREME COURT OF INDIA DIVISION BENCH ALEMBIC PHARMACEUTICALS LIMITED — Appellant Vs. ROHIT PRAJAPATI AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Ajay Rastogi, JJ. )…
[TADA] Confession Of Co-accused Inadmissible Against Another Accused If They Were Tried Separately: SC HELD “The real satisfaction about the voluntariness of the confession is sine qua non”
[TADA] Confession Of Co-accused Inadmissible Against Another Accused If They Were Tried Separately: SC [Read Judgment] “The real satisfaction about the voluntariness of the confession is sine qua non” The…
Limitation Act, 1963, Section 12(2) — Limitation — Computation of — Exclusion of time for required obtaining certified copy — Courts are obliged to compute limitation on basis of endorsement as contained in certified copy — If there is any suspicion of unfair and/ or improper practice, remedy lies in initiating domestic inquiry or may be criminal investigation against concerned staff of Court responsible for supply of certified copies.
2020(1) Indian Civil Cases 635 (S.C.) SUPREME COURT OF INDIA Before :– INDIRA BANERJEE & M.R. SHAH, JJ. Petition for Special Leave to Appeal (C) No.24862 of 2019 Decided on…