Supreme court
'Prosecution Suppressed Origin & Genesis Of Offence', Supreme Court Acquits Four Men In 1990 Murder Case
The Supreme Court on Friday (October 17) acquitted four persons who were convicted in a 1990 murder case, giving them the benefit of doubt since the prosecution is found to have suppressed the origin and genesis of the occurrence of the offence. A bench of Justices Sanjay Karol and Sandeep Mehta allowed the appeal filed by the convicts, after noting grave inconsistencies with respect to the place of the incident mentioned in an FIR and narrated by the eyewitnesses. The Court observed that...
Non-Resident Company Need Not Have Permanent Office In India To Be Taxed On Income Accruing Here : Supreme Court
The Supreme Court has clarified that under the Income Tax Act, a non-resident company can be taxed in India on income that accrues or arises from a business connection within the country, even if it does not maintain a permanent office or physical establishment here.A Bench of Justice Manoj Misra and Justice Joymalya Bagchi, in its judgment examined the scope of Sections 4, 5(2), and 9(1)(i) of the Income Tax Act, 1961, and held that the statute does not make it mandatory for a non-resident...
Mohammedan Law | Muslim Widow With No Child Entitled To 1/4th Share In Deceased Husband's Estate : Supreme Court
The Supreme Court affirmed the Bombay High Court's decision that had denied a Muslim widow a 3/4th share in her late husband's estate. The Court said that the widow, a Muslim wife having no child, is entitled to receive only 1/4th share.Further, the Court clarified that a mere agreement to sell executed by the deceased's brother could not defeat the widow's inheritance rights, since such an agreement neither transfers nor extinguishes ownership.The case concerned the estate of one Chand Khan,...
Art. 226 | High Courts Should Not Entertain Writ Petition In Matters Within Domain Of Tribunals : Supreme Court
The Supreme Court on Thursday (October 16) observed that matters falling within the jurisdiction of the tribunals should not be interfered with by the High Court upon invoking its Writ Jurisdiction. A bench of Justices JK Maheshwari and Vijay Bishnoi dismissed a batch of appeals concerning the recruitment of 15,000 primary school teachers in Karnataka, affirming the Karnataka High Court's Division bench ruling, which had set aside the Single Judge decision entertaining the Writ petitions...
Supreme Court Awards Compensation To Transwoman Teacher Dismissed Over Gender Identity; Forms Committee On Transgender Rights
The Supreme Court, in a significant pronouncement on transgender rights, has awarded compensation to a transwoman whose services as a teacher were terminated by two private schools, one in Uttar Pradesh and another in Gujarat, within a year, on the ground of her gender identity.The Court noted that not only the institutions but the respective States failed to comply with the provisions of the Transgender Persons (Protection of Rights) Act, 2019 and the The Transgender Persons (Protection of...
Supreme Court Quashes FIRs Against SHUATS University VC & Officials Under UP Religious Conversion Act
The Supreme Court today(October 17) quashed the FIRs and the consequential criminal proceedings under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, against the Vice Chancellor and other officials of the Sam Higginbottom University of Agriculture Technology and Science (SHUATS), Prayagraj, over alleged forced mass religious conversions of people to Christianity.The Special Leave Petitions under Article 136 were filed against an order of the Allahabad High Court...