Summary: Automatic Vacation of Stay Orders Direction in Asian Resurfacing Of Road Agency Pvt. Ltd. vs CBI [2018] 2 S.C.R. 1045 Overruled – A direction that all the interim orders of stay of proceedings passed by every High Court automatically expire only by reason of lapse of time cannot be issued in the exercise of …
Income Tax Act, 1961; Section 194-H- Commission or brokerage – Cellular mobile telephone service providers would not be under a legal obligation to deduct tax at source on the income/profit component in the payments received by the distributors/franchisees from the third parties/customers, or while selling/transferring the pre-paid coupons or starter-kits to the distributors – the …
Indian Penal Code, 1860; Section 306 – Indian Evidence Act, 1872; Section 113A – The mere fact that the deceased committed suicide within a period of seven years of her marriage, the presumption under Section 113A of the Evidence Act would not automatically apply – Mere fact of suicide within seven years of marriage, one …
Code Of Criminal Procedure, 1973; Section 172 – Indian Evidence Act, 1872; Section 145,161 – When a police officer uses case diary for refreshing his memory, an accused automatically gets a right to peruse that part of the prior statement as recorded in the police officer’s diary by taking recourse to Section 145 or Section …
Supreme Court Rules, 2013 ; Order XLVIII- Curative Petition- Whether Registry has the power to dismiss a curative petition solely on the ground that no averment has been made to the effect that the review petition was dismissed by circulation? This is a matter which ought to be decided by a Bench of this Court …
Enemy Property – The Custodian for Enemy Property in India, in whom the enemy properties vest including the subject property, does not acquire ownership of the said properties. The enemy properties vest in the Custodian as a trustee only for the management and administration of such properties -The Central Government may, on a reference or …
Constitution of India, 1950; Article 14,226– When a citizen alleges arbitrariness in executive action, the High Court must examine the issue, of course, within the context of judicial restraint in academic matters. While respecting flexibility in executive functioning, courts must not let arbitrary action pass through – while the primary duty of constitutional courts remains …
Code of Criminal Procedure, 1973; Section 378 – Limitation Act, 1963; Sections 2,3,5 ,29– The benefit of Section 5 read with Sections 2 and 3 of the Limitation Act, 1963 can be availed in an appeal against acquittal – Under Section 378 of the new CrPC read with Section 29(2) of the Limitation Act, 1963 …
Electoral Bond Scheme – The Electoral Bond Scheme, the proviso to Section 29C(1) of the Representation of the People Act 1951 (as amended by Section 137 of Finance Act 2017), Section 182(3) of the Companies Act (as amended by Section 154 of the Finance Act 2017), and Section 13A(b) (as amended by Section 11 of …
Subordinate Legislation – Legal principles that may be relevant in adjudicating cases where subordinate legislation are challenged on the ground of being ‘ultra vires’ the parent Act: (a) The doctrine of ultra vires envisages that a Rule making body must function within the purview of the Rule making authority, conferred on it by the parent …