This Digest of Supreme Court of India Judgments includes important Judgments and Orders of the Apex Court reported in the year 2017 with direct links to the full text of Judgments and Case Notes.
The requirement of reference of the discount in the tax invoice or bill of sale to qualify it for deduction has to be construed in relation to the transaction resulting in the final sale/purchase price and not limited to the original sale sans the trade discount.
Can the lapsed seats for Engineering Course in the Merit Quota’ be filled up by the Educational Institution, by admitting students who are not qualified in the Entrance Test conducted by the Commissioner for Entrance Examinations.
A compact disc is an electronic records. As per Section 59 of the Evidence Act, all facts accept contents of electronic records may be proved by oral evidence. Section 65-A ordains that contents of electronic record may be proved in accordance with Section 65-B.
Though, the pregnancy is into the 24th week, having regard to the danger to the life and the certain inability of the fetus to survive extra uterine life, we consider it appropriate to permit the petitioner to terminate the pregnancy.
Murder – Bail Application – The fault of the deceased was only that he belonged to another religion – Consider this factor in favour of the applicants/accused – Moreover, the accused do not have criminal record and it appears that in the name of the religion, they were provoked and have committed the murder.
Department to proceed against the concerned officers who were responsible for filing an inaccurate affidavit and for not bringing on record entire material relevant for deciding the principal question about the entitlement of doctors working as Commissioned Officers in AMC Cadre to receive DACP.
Spectrum – In the matters relating to complex auction procedure having enormous financial ramification, interference by the Courts based upon any perception which is thought to be wise or assumed to be fair can lead to a situation which is not warrantable and may have unforeseen adverse impact.
Merely bald allegations have been made against the relatives of the husband without there being any specific overt act on their part and sending those persons to the ordeal of trial will not be proper.
As with all other rights, right to privacy—if right to take intoxicating drinks were one— always subject to reasonable restrictions.
After assault she was ousted from her matrimonial home, whereupon she took shelter at her maika. Therefore, departure from her Sasural was not voluntarily, rather she was ousted by the accused persons, and on account thereof, staying at her Sasural happens to be not in normal phenomenon rather, on account of deprivation whereupon till her […]
Investigation; Common Cause (A Registered Society) Vs. Union of India [Supreme Court of India, 11-01-2017]
The Court has to be on guard while ordering investigation against any important constitutional functionary, officers or any person in the absence of some cogent legally cognizable material.
Only the drawer of the cheque who can be made an accused in any proceeding under Section 138 of the Negotiable Instruments Act, 1881.
Order XXI Rule 95 C.P.C.; United Finance Corporation Vs. M.S.M. Haneefa [Supreme Court of India, 11-01-2017]
So long as the revision was pending, the court auction sale was yet to become absolute. Be it noted that in Article 134 of the Limitation Act, the legislature has consciously adopted the expression “when the sale becomes absolute” and not when the sale was confirmed.
Equal Pay; D.M. Jadeja Vs. Gujarat Tourism Development Corporation Limited [Gujarat High Court, 11-01-2017]
Unless there is complete and wholesale/wholesome identity between the two posts they should not be treated as equivalent and the Court should avoid applying the principle of equal pay for equal work.