Supreme court
Juvenile Justice Act 2000 Applies Retrospectively : Supreme Court Orders Release Of Convict Who Was Juvenile When Crime Was Committed In 1981
The Supreme Court on Thursday (October 9) ordered the release of the murder convict under the Juvenile Justice Act, 2000, after finding he was a juvenile at the time of the commission of the offence in 1981. The Court held that the JJ Act is retrospective in operation, and applies to offences pre-dated the enforcement of the JJ Act, 2000.The Court rejected the State's argument that since the offence was committed in 1981, the provision of the JJ Act, 2000 would not be applicable, and the law...
Stamp Act | Stamp Duty Determined By Instruments' Legal Character, Not Its Nomenclature: Supreme Court
The Supreme Court held that while determining the chargeability of the Stamp Duty, the decisive factor is to ascertain the true legal character of the instrument, not the nomenclature assigned to the instrument. A bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra dismissed an appeal filed by a company that attempted to color a mortgage deed like a security bond to attract...
S.138 NI Act | Cheque Dishonour Complaint Maintainable Against Trustee Without Arraying Trust As Accused : Supreme Court
The Supreme Court on Thursday (October 9) observed that a cheque dishonor complaint would be maintainable against a trustee, who has signed a cheque on the Trust's behalf, without arraying the Trust as an accused. The Court reasoned that since a Trust is not a juristic person, and neither sues nor is sued, therefore, trustees responsible for day to day affairs of the Trust would be held...
Advocates Cannot Claim Exclusive Quota In District Judge Direct Recruitment : Supreme Court
The Supreme Court Constitution Bench today held that the 25% quota set for direct recruitment for the post of district judges is not exclusively for the candidates from the bar. The bench of Chief Justice of India BR Gavai, Justices MM Sundresh, Aravind Kumar, SC Sharma and K Vinod Chandran held that : "We are also not inclined to accept the contention on behalf of the respondents that 25%...
Judicial Officers' Experience Greater Than That Of Practising Advocates: Supreme Court In District Judge Recruitment Case
In a significant ruling, the Supreme Court held that in-service judicial officers can apply for direct recruitment as District Judges if they have a combined experience of seven years as an advocate and/or in service. The Court also observed that the experience gained by a judicial officer is greater than that of a practising advocate.The judgment authored by Chief Justice of India BR Gavai...
Age Bar In Surrogacy Act Won't Apply To Couples Who Froze Embryos Before Law Came Into Force: Supreme Court
The Supreme Court on Thursday held that couples who had begun the surrogacy process before the enactment of the Surrogacy (Regulation) Act, 2021 law can proceed with surrogacy despite being over the statutory age limit under section 4(iii)(c)(I). The law mandates that the woman must be between 23 and 50 years of age and the man between 26 and 55 years.A bench of Justice BV Nagarathna and...
Judicial Officers With 7 Years Combined Experience On Date Of Application Eligible For Direct Recruitment As District Judges : Supreme Court
In a significant judgment, the Supreme Court Constitution Bench today held that a judicial officer, who has a combined experience of seven years as a judicial officer and an advocate, is eligible to apply for direct appointment as a District Judge. The eligibility will be seen as on the date of the application.To ensure a level playing field, the Court held that the minimum age of the...
Written Statement Filed In Commercial Suit During COVID Limitation Extension Period Cannot Be Rejected For Delay : Supreme Court
The Supreme Court on Wednesday (October 8) reiterated that the Written Statement filed belatedly in a commercial suit after the mandatory period of 120 days cannot be rejected when it was filed during COVID-19, as the delay fell entirely within the COVID-19 limitation extension ordered by the Supreme Court in In Re: Cognizance for Extension of Limitation. A bench of Justice Aravind Kumar...