The Legal Vidya

Latest Legal Update: 14.04.2023 - Hon’ble Supreme Court directed all State Governments to ensure that mercy petitions in death penalty cases are decided and disposed of at the earliest. The bench comprising Justice MR Shah passed the direction in a plea by State of Maharashtra challenging a judgment of the Bombay High Court in which the High Court commuted the death sentences imposed on the accused to life imprisonment.

Case Details:
Case Name: The State of Maharashtra & Ors. v. Renuka Shinde & Ors.
Case No.: Special Leave Petition (Crl.) No.12674/2022
Coram: Justice MR Shah and Justice CT Ravikumar

Latest Legal Update: 14.04.2023 - Hon’ble Supreme Court ruled that Mosquito Mats, Coils and Vaporizers, Mortein Insect Killers, Harpic Toilet Cleaner and Lizol Floor Cleaners, are not be classifiable under Entry 44(5) of the 3rd Schedule to the Kerala VAT Act (KVAT), 2003 as ‘insecticides’.

Case Details:
Case Name: M/s Reckitt Benckiser (India) Ltd. vs. Commissioner Commercial Taxes & Ors.
Case No.: Civil Appeal No. 1335 of 2010
Coram: Justice MR Shah and Justice Krishna Murari

Latest Legal Update: 13.04.2023 - Hon’ble Surat Sessions Court Thursday to reserved its verdict in the appeal filed by Congress leader and former Member of Parliament (MP) Rahul Gandhi seeking stay on his conviction by the Magistrate court in the criminal defamation case against him.

Case Details:
Coram: Justice Robin Mogera

Latest Legal Update: 13.04.2023 - Hon’ble Supreme Court urged all High Courts and tribunals across the country to follow a uniform format for all its orders and judgments and to number the paragraphs in their orders/ judgments

Case Details:
Case Name: B S Hari Commandant vs Union of India and ors
Case No.: Criminal Appeal No. 1890 of 2014
Coram: Justice Krishna Murari and Justice Ahsanuddin Amanullah

Latest Legal Update: 12.04.2023 - Hon’ble Supreme observed that if the State spends some money out of the taxes/revenue collected by it from the citizens for providing some conveniences or facilities to any religious denomination, the same will not be violative of Article 27 of the Constitution of India.

Case Details:
Case Name Moti Lal Yadav vs. State Of U.P. Thru. Prin. Secy. Deptt. Of Culture
Case No.: PIL No. 210/2023
Coram: Justice Devendra Kumar Upadhyaya & Justice Om Prakash Shukla

Latest Legal Update: 12.04.2023 - Hon’ble Supreme ruled that assessee is not entitled to deduction under Section 80- IB of the Income Tax Act, 1961 on the amount received / profit derived from the Duty Entitlement Pass Book Scheme (DEPB) and the Duty Drawback Schemes.

Case Details:
Case Name M/s. Saraf Exports vs. Commissioner of Income Tax, Jaipur-III
Case No.: Civil Appeal No. 4822/2022
Coram: Justice M R Shah and Justice B V Nagarathna

Latest Legal Update: 12.04.2023 - Hon’ble Supreme held that an accused cannot claim the benefit of default bail, when he did not challenge the first extension of time granted for investigation and the second extension was granted in his presence and when the chargesheet was subsequently filed within the period of extension.

Case Details:
Case Name: Qamar Ghani Usmani v. The State of Gujarat
Case No.: Criminal Appeal No. 1045-1046/2023
Coram: Justice M R Shah and Justice CT Ravikumar

Latest Legal Update: 12.04.2023 - Hon’ble Supreme held that government employees cannot be denied the annual increment merely because they are to retire on the very next day of earning the increment.

Case Details:
Case Name: The Director (Admn and HR) KPTCL & Others vs CP Mundinamani and others
Case No.: Civil Appeal No. 2471/2023
Coram: Justice M R Shah and Justice CT Ravikumar

Latest Legal Update: 11.04.2023 - Hon’ble Supreme Court has ruled that under the Income Tax Act, 1961, the domicile or the registration of the company is not at all relevant, and the determinate test is the place where, the sole right to manage the company and the control of the company lies.

Case Details:
Case Name: Mansarovar Commercial Pvt Ltd vs. Commissioner of Income Tax, Delhi
Case No.: Civil Appeal No. 5769/2022
Coram: Justice M R Shah, Justice B V Nagarathna

Update: https://www.instagram.com/reel/Cq5oAmmgqLN/?utm_source=ig_web_copy_link

The Legal Vidya on Instagram: "Latest Legal Update: 11.04.2023 - Hon’ble Supreme Court has ruled that under the Income Tax Act, 1961, the domicile or the registration of the company is not at all relevant, and the determinate test is the place... 0 Likes, 0 Comments - The Legal Vidya () on Instagram: "Latest Legal Update: 11.04.2023 - Hon’ble Supreme Court has ruled that under the Income Tax Act..."

Latest Legal Update: 11.04.2023 - Hon’ble Supreme Court opined that its decision in CBI v. Anupam J. Kulkarni, wherein it was observed that there cannot be police custody beyond 15 days from the date of arrest, requires to be re-considered

Case Details:
Case Name: CBI v. Vikas Mishra @ Vikash Mishra
Case No.: Criminal Appeal No. 957 of 2023
Coram: Justice MR Shah and Justice CT Ravikumar

To view the Update: https://www.instagram.com/reel/Cq5oNDoA6Kk/?utm_source=ig_web_copy_link

The Legal Vidya on Instagram: "Latest Legal Update: 11.04.2023 - Hon’ble Supreme Court opined that its decision in CBI v. Anupam J. Kulkarni, wherein it was observed that there cannot be police custody beyond 15 days from the date of arrest,... 1 Likes, 0 Comments - The Legal Vidya () on Instagram: "Latest Legal Update: 11.04.2023 - Hon’ble Supreme Court opined that its decision in CBI v. Anup..."

Latest Legal Update: 10.04.2023 - Hon’ble Supreme Court constituted a High Powered Committee to oversee the process of verification of the degree certificates of advocates.

The committee will comprises a former Supreme Court judge and two former High Court judges. Senior Advocates Rakesh Dwivedi and Maninder Singh were also named as members of the committee. The Bar Council of India will be at liberty to nominate three members to the committee. The names of the members will be clear once the final order is uploaded.

Case Details:
Case Name: Ajay Shankar Shrivastava v. BCI And Anr.
Case No.: WP(C) No. 82/2023
Coram: Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala

Latest Legal Update: 10.04.2023 - Hon’ble Supreme Court has ruled that the court while exercising jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996 (A&C Act) is not expected to act mechanically, and that the limited scrutiny of the court at the pre-reference stage, through the “eye of the needle”, is necessary and compelling.

Case Details:
Case Name: NTPC Ltd vs. M/s SPML Infra Ltd
Case No.: Civil Appeal No. 4778 of 2022
Coram: Chief Justice DY Chandrachud and Justice PS Narasimha

Latest Legal Update: 04.04.2023 - Hon’ble Supreme Court held that an order closing the proceedings in a case cannot be construed as a final decision on merits so as to bar a subsequent suit.

Case Details:
Case Name: Prem Kishore & Ors. v. Brahm Prakash & Ors.
Case No.: Civil Appeal No. 1948 of 2013
Coram: Justice Sudhanshu Dhulia and Justice J. B. Pardiwala

Latest Legal Update: 28.03.2023 - Hon’ble Supreme Court has review petitions against the acquittal of the three persons who were sentenced to death for the gang-r**e and murder of a 19-year-old girl in Delhi’s Chhawla area in 2012.

Case Details:
Case Name: The State of Delhi v. Rahul and Anr.
Case No.: Review Petition (CrL) No. 56-60 of 2023
Coram: Chief Justice of India DY Chandrachud, Justice S Ravindra Bhat and Justice JB Pardiwala

**e **e **eandmurder **ecase **e

Latest Legal Update: 28.03.2023 - Hon’ble Supreme Court has held that as per Central Civil Services (Pension) Rules 1972, period of services rendered as a contractual employee cannot be said to be service rendered on a substantive appointment. Hence, such service as contractual employee will not qualify as service for the purpose of pensionary benefits.

Case Details:
Case Name: Director General, Doordarshan Prasar Bharti Corporation vs Smt.Magi H Desai.
Case No.: Civil Appeal No. 1787 of 2023
Coram: Justice MR Shah and Justice CT Ravikumar

Latest Legal Update: 27.03.2023 - Hon’ble Supreme Court held that a decision by a bank classifying a borrower's account as fraudulent must be a reasoned order and such an order should be passed only after giving the borrower an opportunity of hearing.

Case Details:
Case Name: State Bank of India And Ors. v. Rajesh Agarwal and Ors.
Case No.: Civil Appeal No. 7300 of 2022
Coram: Chief Justice of India DY Chandrachud and Justice Hima Kohli

Update: https://youtube.com/shorts/A17uS6hw0CY?feature=share

Borrower Should Be Heard before classifying account as fraudulent Latest Legal Update: 27.03.2023 - Hon’ble Supreme Court held that a decision by a bank classifying a borrower's account as fraudulent must be a reasoned orde...

Latest Legal Update: 27.03.2023 - Hon’ble Supreme Court has held that the day of remand is to be included for considering for considering a claim for default bail.

Case Details:
Case Name: Enforcement Directorate Vs. Kapil Wadhawan
Coram: Justice KM Joseph, Justice BV Nagarathna and Justice Hrishikesh Roy

Update: https://youtube.com/shorts/FFL5Yj7LXBw?feature=share

Day Of Remand Be Included For Considering Default Bail Claim. Latest Legal Update: 27.03.2023 - Hon’ble Supreme Court has held that the day of remand is to be included for considering for considering a claim for default...

Latest Legal Update: 27.03.2023 - Hon’ble Karnataka Authority for Advance Ruling (AAR) has held that the transfer or sale of one of the independently running business divisions attracts 18% GST.

Case Details:
Case Name: PICO2FEMTO Semiconductor Services Private Limited
Case No.: KAR ADRG 12/2023
Coram: Two Member Bench of MP Ravi Prasad and Kiran T. Reddy

Update: https://youtube.com/shorts/6nNSs4Qzc7Y?feature=share

Transfer/Sale of one of the Independent Running Business Divisions attracts 18% GST Latest Legal Update: 27.03.2023 - Hon’ble Karnataka Authority for Advance Ruling (AAR) has held that the transfer or sale of one of the independently running...

Wish you all a very Happy Cheti Chand!!

Latest Legal Update: 22.03.2023 - Hon’ble Supreme Court overruled its decision in Union of India And Ors. v. Major General Shri Kant Sharma And Anr. which barred the exercise of jurisdiction under Article 226 of the Constitution of India in cases assailing orders passed by the Armed Forces Tribunal.

Case Details:
Case Name: Union of India And Ors. v. Parashotam Dass
Case No.: Civil Appeal No. 447 of 2023
Coram: Justice Sanjay Kishan Kaul, Justice Abhay S. Oka and Justice BV Nagarathna

Latest Legal Update: 22.03.2023 - Hon’ble Supreme Court observed that testimony of a sole eyewitness can be worthy of credence for the prosecution to establish its case beyond reasonable doubt, even in cases involving several accused.

Case Details:
Case Name: Ravasaheb @ Ravasahebgouda Etc. v. State of Karnataka
Case No.: Criminal Appeal Nos. 1109-1110 of 2010
Coram: Justice B.R. Gavai, Justice Vikram Nath and Justice Sanjay Karol

Latest Legal Update: 21.03.2023 - Hon’ble Kerala High Court recently upheld constitutional validity of Section 45A of the Kerala University of Fisheries and Ocean Studies Act, 2010 (KUFOS Act) on the ground that the qualifications for teaching posts prescribed in addition to the UGC Regulations is for uplifting the quality of education.

Case Details:
Case Name: Dr. Usha V. Parameswaran and Others V State of Kerala and Others
Case No.: WP(C) NO.20658 OF 2021
Coram: Justice Sathish Ninan

Latest Legal Update: 21.03.2023 - Hon’ble Allahabad High Court observed that the prosecution in heinous offences such as r**e and molestation of minors, which are punishable under the POCSO Act can't be quashed based on the compromise between the victim and the accused.
Case Details:

Case Name: Om Prakash vs. State of U.P. and Another
Case No.: APPLICATION U/S 482 No. - 8514 of 2023
Coram: Justice JJ Munir

Latest Legal Update: 21.03.2023 - Hon’ble Supreme Court held that the time for making a declaration of the possession of any wild animal or animal article as per the Wild Life Stock Rules 2003 cannot be relaxed.

Case Details:
Case Name: Vishalakshi Amma vs State of Kerala
Case No.: Civil Appeal No. 1720/2023
Coram: Justice MR Shah and Justice Manoj Misra

Latest Legal Update: 14.03.2023 - A Constitution Bench of the Supreme Court, on Tuesday, dismissed the curative petition filed by Central Government seeking to reopen the settlement with the Union Carbide Corporation (now Dow Chemicals) to claim additional compensation for victims of the Bhopal Gas Tragedy. It noted that settlement can be set aside only on the ground of fraud, but no ground of fraud has been pleaded by the Union of India. However, the Court directed that a sum of INR 50 crores lying with RBI ought to be utilized by the Union Government to satisfy pending claims, if any.

Case Details:
Case Name: UoI And Ors. v. M/s. Union Carbide Corporation And Ors.
Case No.: Curative Petition (C) No. 345-347/2010
Coram: Justice S.K. Kaul, Justice Sanjiv Khanna, Justice A.S. Oka, Justice Vikram Nath and Justice J.K. Maheshwari

Latest Legal Update: 21.02.2023 - Hon’ble Supreme Court struck down Classification made by the Greater NOIDA Authority between Pushtaini and Gair-Pushtaini Landholders for the purpose of granting compensation upon acquisition

Case Details:
Case Name Ramesh Chandra Sharma And Ors. v. State of Uttar Pradesh And Ors.
Case No.: Civil Appeal No. 8819 of 2022
Coram: Justice Krishna Murari and Justice S. Ravindra Bhat

Latest Legal Update: 21.02.2023 - Hon’ble Supreme Court is set to utilize Artificial Intelligence (AI) and technology powered by Natural Language Processing to provide live transcriptions of its hearings

Legal Update: 08.02.2023 - Hon’ble Supreme Court directed the centre to immediately give effect to the three important clarifications that the union government has, in consultation with the National Assisted Reproductive Technology and Surrogacy Board, issued regarding the extant regime on surrogacy and assisted reproductive technologies.

Case Details:
Case Name: Arun Muthuvel v. Union of India
Case No.: W.P. (Civil) No. 756 of 2022
Coram: Justice Ajay Rastogi and Justice Bela M. Trivedi

Legal Update: 08.02.2023 - Hon’ble Delhi High Court declared that the 'virginity test' conducted on a female detainee or accused is unconstitutional and in violation of Article 21 of the Constitution.

Case Details:
Case Name: Sr. SEPHY V/s. CBI & Ors.
Case No.: W.P.(CRL) 1729/2009
Coram: Justice Swarana Kanta Sharma

**e

Latest Legal Update: 01.02.2023 - Hon’ble Supreme Court directed WhatsApp to widely publicise its stand that WhatsApp users in India do not have to accept its 2021 privacy policy in order to use it, and WhatsApp’s functionality would remain unaffected till the Data Protection Bill comes into existence.

Case Details:
Case Name Karmanya Singh Sareen and another versus Union of India and others
Case No.: SLP (C) No. 804 of 2017
Coram: Justice KM Joseph, Justice Ajay Rastogi, Justice Aniruddha Bose, Justice Hrishikesh Roy and Justice CT Ravikumar