Wakf Act – Sections 6 and 7 – Jurisdiction of Wakf Tribunal – The Supreme Court held that the Wakf Tribunal has the jurisdiction to determine whether a property is a Wakf property when this is disputed in an eviction suit. The Tribunal can adjudicate on such matters, even if the tenant disputes the Wakf nature of the property [Paras 1-24].
Wakf Property – Eviction Suit &...
Penal Code – Section 193 – False Evidence – The Supreme Court held that prosecution for perjury cannot be ordered merely based on inconsistent statements. There must be a definite finding that the statements are irreconcilable and one is deliberately false. The Court must also consider whether initiating an inquiry is expedient in the interest of justice, taking into account the ...
Judicial Restraint – Expunction of Remarks – Appeal by a practicing lawyer seeking expunction of adverse remarks made by a High Court Judge – Supreme Court emphasizes judicial restraint and the necessity of comments for adjudication – Offending remarks found to be unnecessary and prejudicial – Remarks ordered to be expunged to prevent future harm to the appellant'...
Income Tax Act – Section 12AA – Registration of Trust – The Supreme Court held that the Tribunal and the Commissioner of Income Tax (Exemptions) were correct in canceling the registration of the Trust under Section 12AA on the grounds of receiving bogus donations. The Trust misused the benefits conferred by the registration, warranting cancellation [Paras 1-13].
Bogus Donation...
Judicial Service – Disciplinary Proceedings – Petition challenging the compulsory retirement of Additional District and Sessions Judge due to heavy unexplained bank transactions – Full Court's recommendation and Governor's order of compulsory retirement upheld – Supreme Court finds Full Court's view justified given the substantial transactions and lack of docume...
Service Law – Enhancement of Age of Superannuation – The Supreme Court ruled that Ayurvedic doctors covered under AYUSH are entitled to the same benefit of enhanced superannuation age of 65 years as allopathic doctors. The distinction between AYUSH doctors and allopathic doctors, with the former using indigenous systems of medicine like Ayurveda and the latter using allopathy, does not...
Arbitration – Arbitral Award – Patent Illegality – Judicial Intervention – Section 34 of Arbitration and Conciliation Act, 1996 – Scope of interference limited to grounds under Section 34 – Judicial intervention on merits of award not permissible – Award can be set aside if it violates “public policy of India” or principles of natural justice &...
Civil Procedure Code – Section 100 – Second Appeal – Admission of second appeal with formulation of substantial questions of law – High Court's duty to hear and decide on the substantial questions – Impugned judgment and order of the High Court set aside for summary disposal of second appeal without proper consideration of formulated questions – Matter reman...
Service Law – Regularisation of Ad hoc Appointments – Determination of Seniority – Uttar Pradesh Regularisation of Ad hoc Appointments (on posts within the purview of the Public Service Commission) Rules, 1979, particularly Rules 4 to 7 – Appellant challenged the seniority list re-determined in 2016 which counted services rendered by ad hoc appointees from the date of their...
Benami Transactions – Exception under Section 2(9)(A) – Dismissal of Application for Rejection of Plaint – Property transferred or held by a person where consideration is paid by another person and held in a fiduciary capacity not a benami transaction – Procedure for declaring a benami transaction outlined in the Act – Mere assertion by petitioner insufficient to abor...