Category Archives: Supreme Court Judgement

SC suo motu PIL to consider Suffering by Muslim women due to “arbitrary” divorce rules

By | November 11, 2015

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7217 OF 2013 PRAKASH & ORS. …APPELLANTS VERSUS PHULAVATI & ORS. …RESPONDENT The Supreme Court has ordered registration of a PIL and urged Chief Justice H L Dattu to set up a Special Bench to consider gender discrimination suffered by Muslim women owing to “arbitrary… Read More »

Licensees have no vested right for renewal or extension of licences : Supreme Court

By | November 6, 2015

SUPREME COURT OF INDIA Bharti Airtel Ltd. v. Union of India J. CHELAMESWAR AND R.K. AGRAWAL, JJ. CIVIL APPEAL NOS. 1969, 2072, 2803, 5376 AND 9116 OF 2014 WRIT PETITION (CIVIL) NOS. 180, 971 AND 1056 OF 2014 MAY  14, 2015 On behalf of the licensees, the following submissions are made: The licences, such as… Read More »

Market value of vacant land to be taken over by Govt can not exceed compensation amount ; Supreme Court

By | November 2, 2015

“Whether, for the purposes of Wealth Tax Act (hereinafter referred to as the ‘Act’), the market value of the vacant land belonging to the assessee should be taken at the price which is the maximum compensation payable to the assessee under the Urban Land Ceiling Act, 1962?” Held Yes  Assessing Officer was not justified in… Read More »

Seller entitled for Compensation in case unduly delay by purchaser : Supreme Court

By | November 2, 2015

while dealing with a matter pertaining to specific performance of an agreement for sale of property, it was held that if the purchaser is entitled to claim compensation for deterioration, a fortiori the vendor should also be entitled to compensation for accretion in value of the subject matter of the agreement for specific performance, in case the execution thereof… Read More »

It is the prerogative of the Central Government to accept or reject th recommendations of the Wage Boards : Supreme Court

By | November 2, 2015

SUPREME COURT OF INDIA ABP Pvt. Ltd. & Anr. v. Union of India & Ors. [WritPetition (Civil) No. 246 of 2011], 7th February, 2014 while holding that the Justice Majithia Wage Boards for Working Journalists and Non-Journalist Newspaper and News Agency Employees followed certain well laid down principles and norms while making recommendations, it was furthe held that… Read More »

State govt must supply the electricity as assured to Industry: Supreme Court

By | November 2, 2015

It was held that “before laying down any policy which would give benefits to its subjects, the State must think about pros and cons of the policy and its capacity to give the benefits. Without proper appreciation of all the relevant factors, the State should not give any assurance, not only because that would be in violation of… Read More »

Amendment regarding equal right for daughters over property is prospective: Supreme Court

By | November 2, 2015

SUPREME COURT OF INDIA PRAKASH & ORS VERSUS PHULAVATI & ORS. CIVIL APPEAL NO.7217 OF 2013 Date : 16/10/2015 Issue :  whether Hindu Succession (Amendment) Act, 2005 (‘the Amendment Act’) will have retrospective effect. ? Facts of the case :- According to the case of the plaintiff, the suit properties were acquired by her late… Read More »

Special Judge is not expected to try non PC offences totally unconnected with any PC offences under Prevention of Corruption Act

By | November 2, 2015

Supreme Court of India State through CBI, New Delhi v. Jitender Kumar Singh [Criminal Appeal No.943 of 2008], 5th February, 2014 It was held that “a Special Judge exercising powers under the Prevention of Corruption Act, 1988 is not expected to try non-PC offences totally unconnected with any PC offences under Section 3(1) of the… Read More »

Picture of a nude woman cannot be called obscene unless it arose an overt sexual desire: supreme Court

By | November 2, 2015

Picture of a nude woman cannot be called obscene unless it arose an overt sexual desire  Supreme Court of India Aveek Sarkar & Anr. v. State of West Bengal & Ors. [Criminal Appeal No.902 of 2004], 3rd February, 2014 It was held that “a picture of a nude/semi-nude woman,as such, cannot per se be called… Read More »

Mere issuance of a notice under Section 35(3) of the Indian Forest Act, 1927 is not sufficient for any land being declared a “private forest” : Supreme Court

By | November 2, 2015

Supreme Court of India Godrej & Boyce Mfg. Co. Ltd. & Anr. v. The State of Maharashtra & Ors. [Civil Appeal No.1102 of 2014] 30th January, 2014  It was held that the mere issuance of a notice under Section 35(3) of the Indian Forest Act, 1927 is not sufficient for any land being declared a… Read More »