From Rafale relief to heat on realtors, 10 landmark Supreme Court judgments in 2018.
In a case related to Mumbai-based Jai Trust versus Union government, the court ruled that a gift is a consideration-less transaction, and hence, not liable for capital gains tax. It quashes the reassessment notice issued by the tax authorities alleging that a specific income has escaped assessment on transfer of shares as gift by the trust.
The Supreme Court judgment on the legality of same-sex marriage elicited mixed responses from LGBTQ activists, with one section hailing parts of the Constitution Bench's order, while others expressing dissatisfaction as it did not legalise same-gender weddings.
The three-judge special bench of the Allahabad high court, comprising Justice S U Khan, Sudhir Agarwal and D V Sharma, on Thursday delivered the verdict into the Ayodhya title suit.
In a big relief to activist Teesta Setalvad, the Supreme Court on Wednesday granted her regular bail in a case of alleged fabrication of documents to frame innocent people in the 2002 post-Godhra riot cases while terming as "perverse" and "contradictory" the Gujarat high court order denying her bail.
Security has been put on high alert across the nation as the Supreme Court of India is all set to deliver its verdict in the Ram Janambhoomi-Babri Masjid dispute, Sabarimala case and a host of other legal wrangles.
The Supreme Court on Wednesday rejected the Centre's plea for prospective effect of its July 25 verdict, which upheld the power of states to levy tax on mineral rights and mineral-bearing land, and allowed them to seek refund of royalty from April 1, 2005 onwards.
In its landmark verdict which held that MPs and MLAs taking bribe to vote or make a speech in the House are not immune from prosecution, the apex court said its ability to reconsider its decisions was necessary for the organic development of law and the advancement of justice. The apex court verdict overturned the 1998 judgment of the court in the JMM bribery case.
'We accept EVMs cannot be hacked because it is not connected, but can they be manipulated?' 'Are you allowing us to check if EVMs can be manipulated?'
'It is a very irresponsible statement.' 'He is saying all the wrong things.'
The minority judgment of the 1998 verdict has highlighted the prima facie absurdity in the paradox created by the majority judgment, it said.
In a relief to former Aam Aadmi Party communication in-charge Vijay Nair, the Supreme Court on Monday granted him bail after nearly 23 months of incarceration in a money laundering case stemming from the alleged Delhi excise policy scam, observing that liberty is 'sacrosanct' and needs to be respected in cases involving even stringent laws.
Supreme Court judge Justice Hemant Gupta, who is set to retire on October 16, said on Friday that a judge cannot make people happy as "that's not the role assigned to him".
Congress leader Rahul Gandhi can get reprieve from being disqualified as a member of Parliament under The Representation of People's Act until his appeal comes to a higher court in Gujarat.
Unnecessary victimisation may "reflect in the bilateral relations", the Bombay high court said on Thursday while ordering the authorities to issue exit permit to a Chinese woman who was acquitted in a gold smuggling case yet could not leave India.
'This verdict means that if there is presidential rule anywhere in any state of India, that state can be dismembered and from a state can be downgraded to a Union territory.'
The Bombay high court on Friday restrained political parties and individuals from proceeding with the Maharashtra bandh scheduled for August 24 or on any future date.
'In spite of all these days behind the bars, none of those who have been arrested is repenting their decision to stand against the injustice of this government.'
The Supreme Court's decision to allow borrowers a chance to be heard before their accounts are flagged as fraudulent by lenders is expected to result in several cases being reopened where the borrower is aggrieved because of such classification, bankers said. Still, the reopening of cases would not be automatic. A borrower who is aggrieved by the 'fraud' classification will have to approach the bank and consequently, the bank will take the necessary steps so that the apex court's order is followed in letter and spirit, they said.
A fast-track court on Monday postponed till November 17 its judgment on a plea seeking permission to allow the worship of a 'Shivling' claimed to have been found inside the Gyanvapi mosque complex in Varanasi.
'Whoever is doing it (threats to airlines), they are actually carrying out a recce.' 'This is the manner in which terrorists strike.'
The judgment will impact a sizeable number of people in the state, according to a lawyer involved in the matter.
Amid the bitter tussle with the Left Democratic Front-led government, Kerala Governor Arif Mohammed Khan on Tuesday said he will not interfere in the business of the government unless there was a total collapse of the constitutional machinery and "fortunately" that was not the case in Kerala.
The apex court rejected the preliminary objection raised by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) that Aam Aadmi Party leader Manish Sisodia cannot be permitted to file second set of special leave petitions to challenge the Delhi high court's May 21 verdict which denied him bail in the excise policy cases.
Abdullah, who put out multiple posts, also apologised to the people of J-K and Ladakh. "Disappointed but not disheartened. The struggle will continue," he said.
'The State does not accept our rights, what more can I say about this judgment?'
Congress leader Rahul Gandhi on Monday told a sessions court in Surat his conviction by a magistrate's court in a 2019 defamation case over his "Modi surname" remark was erroneous, patently perverse, and he was sentenced in a manner so as to attract disqualification as a member of Parliament.
According to defence lawyers, the special court should not have relied solely on circumstantial evidence and statements of some convicts while giving its judgment.
"The Congress party criticises it clearly and finds it wholly untenable. It is most unfortunate that the Supreme Court has not acted in consonance with the spirit of India on this issue," he said.
The review plea filed on May 10 said, "There are mistakes and errors apparent on the face of the impugned order..., and as such there are sufficient reasons which require review of the impugned order/judgment..."
'It does two things that even our erstwhile colonial masters did not deem fit for their subjects: The Bill does away with any checks or balances on the exercise of interception and surveillance powers, including any penalty whatsoever for unauthorised interception, opening, scrutiny, or destruction of postal materials.'
A revealing excerpt from Mani Shankar Aiyar's fascinating new book, The Rajiv I Knew.
In a relief to former Mumbai police officer Pradeep Sharma, the Supreme Court on Monday said he need not surrender till further orders to undergo the life term awarded to him in a 2006 fake encounter case.
Diamond merchant Nirav Modi on Wednesday lost his appeal against extradition on mental health grounds as the high court in London ruled that his risk of suicide is not such that it would be either unjust or oppressive to extradite him to India to face charges of fraud and money laundering. Lord Justice Jeremy Stuart-Smith and Justice Robert Jay, who presided over the appeal hearing at the Royal Courts of Justice earlier this year, said in their verdict that District Judge Sam Goozee's Westminster Magistrates' Court order from last year in favour of extradition was "sound". The leave to appeal in the high court had been granted on two grounds - under Article 3 of the European Convention of Human Rights (ECHR) to hear arguments if it would "unjust or oppressive" to extradite 51-year-old Modi due to his mental state and Section 91 of the Extradition Act 2003, also related to mental health.
Eminent economist and Nobel laureate Amartya Sen on Monday described the electoral bonds scheme as a scandal and welcomed the Supreme Court's recent judgment annulling it.
The high court asked the defendants to file their reply within two weeks of service of notice and listed the matter for August 22 before the joint registrar.
A plea has been filed in the Supreme Court seeking review of its January 3 verdict by which it refused to transfer the probe into allegations of stock price manipulation by the Adani Group to a special investigation team or the CBI. In a significant win for the Adani Group, the apex court had declined to order a CBI or SIT probe and said in its judgement that market regulator Sebi was conducting a "comprehensive investigation" into the allegations and its conduct "inspires confidence".
In a video clip that had gone viral on social media, Faizan, along with four other Muslim men, was seen being beaten up by policemen while being forced to sing the national anthem and 'Vande Mataram'.
Modi observed that the Supreme Court has decided to translate operative part of the judgment in language spoken by the litigant.
Eleven convicts walked out of Godhra sub-jail after the Gujarat government allowed their release on August 15 this year.
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