Page 107 - Supreme Court

Supreme Court allows claiming input tax credit on construction expenses

Exception for commercial buildings meant for renting, leasing purposes

'May impact conjugal relationship': Govt against criminalising marital rape

If sexual acts by a man with his own wife is made punishable as "rape", it may severely impact the conjugal relationship and lead to serious disturbances in the institution of marriage, the Centre has told the Supreme Court. Opposing the criminalisation of marital rape, which is sought by many petitioners before the apex court, the Centre has filed its preliminary counter affidavit in the top court. The apex court is seized of petitions raising the vexed legal question of whether a husband should enjoy immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex. Under the exception clause of Section 375 of the Indian Penal Code (IPC), now repealed and replaced by the Bharatiya Nyaya Sanhita (BNS), sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape. Even under the new law, Exception 2 to Section 63 (rape) says that "sexual intercourse or sexual acts by a man with his own wife, the wife not bein

SC upholds 90,000 tax reassessment notices issued under old regime

The tax department had issued these notices under section 148 of the income tax act, alleging under-reporting and misreporting of income for years prior to the last three assessment years

SC says caste-based discrimination in jail manuals unconstitutional

Apex court termed 'unconstitutional' rules in jail manuals advocating caste-based work

'Have lawyers lost all sense?': CJI Chandrachud reprimands lawyer in SC

CJI DY Chandrachud reprimanded a lawyer in the Supreme Court who sought to verify the specifics of an order with the court master

Time limit for re-assessment under Income Tax Act will be extended: SC

The court also stated that the directions in the Ashish Agarwal case will extend to all 90,000 assessment notices issued under the old regime

Centre tells SC Delhi's ban on gatherings lifted, easing Navratri concerns

On September 30, Delhi Police issued prohibitory orders that had restricted gatherings of five or more people in the national capital, citing festival and security issues

SC halts probe into Sadhguru's Isha Foundation, seeks police report

The Supreme Court's bench is set to meet with two women, allegedly detained and brainwashed by the foundation, before issuing an interim order

SC sets aside jail manual for promoting caste-based discrimination

The Supreme Court on Thursday set aside discriminatory provisions of prison manuals of some states while deprecating the practice of caste-based discrimination, distribution of work and segregation of prisoners in separate wards as per their castes. A bench headed by Chief Justice D Y Chandrachud also issued a slew of directions to stop caste-based discrimination in jails. Caste cannot be a ground to discriminate against prisoners of marginalised classes in jails as per the state manuals, the bench said, adding such practices cannot be allowed. The prisoners shall not be permitted to undertake cleaning of sewers tanks in hazardous conditions, it said while ordering that the police will have to work in right earnest to deal with the cases of caste-based discriminations. The bench said prisoners of certain classes will have the right to get fair distribution of work in jails. Setting aside the objectionable rules, the top court ordered states to amend them within a period of three .

SC to rule Thursday on plea regarding caste-based discrimination in jails

The Supreme Court is scheduled to pronounce its verdict on Thursday on a plea which has alleged that prison manuals of some states in the country encourage caste-based discrimination. According to the cause list of October 3 uploaded on the apex court website, a bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra is slated to deliver the judgement on the petition. The apex court had in January this year sought responses from the Centre and 11 states, including Uttar Pradesh and West Bengal, on the plea. It had taken note of the submissions of the petitioner's counsel that jail manuals of these states discriminate in the allocation of work inside their prisons and inmates' caste determines the places where they are lodged. The plea referred to the Kerala Prison Rules and said they lay down a distinction between a habitual and a re-convicted convict, holding that those who are by habit a robber, house breaker, dacoit or thief should be classified

Banks to seek govt guarantee on equity conversion before lending to Vi

The telecom giant is seeking to borrow approximately Rs 35,000 crore, but most banks are wary of extending credit, particularly as VI has struggled to raise funds from other sources

Demolition of properties: SC says it will lay down guidelines for citizens

The Supreme Court on Tuesday said it will lay down guidelines for all citizens and not for any particular community on the issue of demolition of properties. Observing that its directions will be applicable pan-India, the apex court said it will make it clear that merely because a person is an accused or even a convict, it can't be a ground for demolition of property. "Whatever we are laying down, we are a secular country. We are laying it down for all the citizens, for all the institutions not for any particular community," a bench of Justices B R Gavai and K V Viswanathan said. Observing that there can't be a different law for a particular religion, the bench said it will not protect any unauthorised constructions on public roads, government lands or forests. "We will take care to ensure that our order does not help the encroachers on any of the public places," the bench said. The hearing in the matter is underway. The top court is hearing arguments on a batch of pleas which ha

Temple, dargah, or gurdwara: SC orders removal of structures harming safety

The Supreme Court said that India is a secular nation, and its orders regarding bulldozer operations and anti-encroachment initiatives will apply to all citizens, regardless of their religious beliefs

Kolkata RG Kar case: Doctors resume 'indefinite strike', list 10 demands

Kolkata rape-murder case: Junior doctors resumed their indefinite 'total cease work' on October 1 and criticised the Central Bureau of Investigation for the slow pace of their inquiry

Mahadev app case: SC to hear bail plea of Chhattisgarh bizman on Oct 3

The Supreme Court on Tuesday agreed to hear on October 3 a bail plea of Chhattisgarh-based businessman Sunil Dammani, who was arrested by the Enforcement Directorate in August last year in a money laundering case linked to the illegal gambling Mahadev app. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra was urged by the counsel for the jailed businessman that the bail plea needed to be heard urgently. "We usually do not skip the board (cases listed for hearing on a given day), but this is a bail plea... We will hear it on Thursday," the CJI said after Damani's lawyer said that his client has been in jail for over 13 months. On August 23 last year, the Enforcement Directorate (ED) arrested Dammani along with three others for their alleged involvement in the Mahadev app money laundering case. The central probe agency had also conducted searches at the properties of 10 people including Vinod Verma, political advisor to former Chhattisgarh ch

'Don't say yeah, yeah, yeah. Say yes': CJI Chandrachud rebukes lawyer in SC

Chief Justice of India DY Chandrachud reprimanded a lawyer in the Supreme Court for using the phrase 'yeah, yeah' in court

FM Sitharaman asks IT dept to analyse cases lost at HCs, SC to draw lessons

Union Finance Minister Nirmala Sitharaman has asked the Income Tax Department to "analyse" court cases the taxman lost over the last decade in order to draw lessons and ensure litigation disputes are eliminated, official sources said Monday. The minister has also asked the department to prepare a list of "expert" tax law advocates so that they can represent the I-T Department or the revenue side effectively at judicial forums including in insolvency cases before the National Company Law Tribunal (NCLT), the sources said. The decisions were taken during a meeting of the top brass of the tax department and its administrative authority, the Central Board of Direct Taxes (CBDT), held in Delhi last month. The principal chief commissioners and directors general of the I-T department apart from the CBDT chairman, members and officers were part of the meeting, they said. The sources told PTI that finance minister Sitharaman directed the CBDT to "audit" the cases won or lost by the departme

SC asks IIT to grant admission to youth who missed fee submission deadline

The Supreme Court on Monday came to the rescue of a Dalit youth, who had lost his seat in IIT Dhanbad after missing the deadline to deposit a fee, by asking the institute to admit him to the BTech course. We cannot allow such a young talented boy to go away. He cannot be left in lurch, a bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra said. The top court used its extraordinary powers under Article 142 of the Constitution in asking the IIT Dhanbad to admit Atul Kumar into its Electrical Engineering BTech course. We are of the view that a talented student like the petitioner who belongs to a marginalised group who did all to secure admission should not be left out... we direct that candidate is granted admission to IIT Dhanbad and let him be in the same batch to which he would have been granted admission if the fees would have been paid, the bench said in the order. Article 142 of the Constitution empowers the top court to pass any order in th

Tirupati laddoo row: 'No proof of contaminated ghee…' - SC raps Andhra CM

A huge row erupted after Andhra CM Naidu made allegations against former CM Jaganmohan Reddy, alleging that under his regime, adulterated ghee was used in making laddoos at the Tirupati temple

SC issues notice on Delhi CM Atishi, Kejriwal's plea in defamation case

The Supreme Court on Monday sought response from the Delhi government and BJP leader Rajiv Babbar on a plea of Delhi Chief Minister Atishi and AAP leader Arvind Kejriwal challenging the high court order refusing to quash a defamation case against them. A bench of Justices Hrishikesh Roy and SVN Bhatti issued a notice in the matter and stayed the proceedings in the trial court. Senior advocate Abhishek Singhvi, appearing for Atishi and Kejriwal, submitted that the defamation case has been filed by Babbar, as authorised representative of BJP Delhi. "BJP, neither central nor Delhi, has not filed any complaint. Babbar is not the person I have allegedly defamed," he submitted. Senior advocate Sonia Mathur, appearing for Babbar, stated that the BJP leader has filed the case on behalf of the party. Both Atishi and Kejriwal has challenged the September 2 order of the Delhi High Court, which had refused to quash the proceedings against them and other AAP leaders over their remarks about ..