Supreme Court terms district judiciary as 'backbone of the judicial system' -- It also directed all states and the union territories to clear salary arrears and other dues to lower court judges across nation as per the recommendations of the Second National Judicial Pay Commission (SNJPC).

Consumer Protection Act, 1986 -- If the Company alleges that the loss/damage is not caused by any malicious act, the burden of proving the contrary shall be upon the insured -- There is no difference between a contract of insurance and any other contract except that in a contract of insurance there is a requirement of uberrima fides i.e. good faith on the part of the assured and the contract is likely to be construed contra proferentem that is against the company in case of ambiguity or doubt”.

“The acquisition of proceeds of crime in corruption casesitself is tantamount to money laundering” -- The Supreme Court directed a fresh enquiry into the cash-for-jobs scam, in which the Tamil Nadu minister and DMK MLA V SenthilBalaji, among others, has been accused of accepting bribes from job aspirants in exchange of appointments to the State Transport Corporation between 2011 and 2015.

“ Fair criticism is permissible “ -- Constitutional Law –– The Supreme Court dismissed the Special Leave Petition filed by Bombay Lawyers Associationagainst Vice President JagdeepDhankhar and Law Minister KirenRijiju for their remarks in public about the basic structure doctrine evolved by the Top Court and the Collegium system for appointment of Judges. that they have committed "criminal contempt.”

Service Law – Promotion – Supreme Court trashes appeal of former ISRO scientist against dismissal from service by ISRO, saying the space agency was justified in suspecting his honesty and integrity on account of his unauthorised association with a South Korean institution involved in rocketry research, a strategic subject of his employer.

Criminal Law -- “ The Courts shall grant the default bail sans relying on the Judgment of Ritu Chhabaria versus Union Of India &Ors.” , says the Apex Court Of India -- The Supreme Court recalls its landmark judgment on the Right to Default Bail u/s 167 (2), Cr.P.C. delivered in RituChhabaria versus Union of India&Ors vide dated 26th April,2023, having an adverse bearing on Petitioners in pending cases, declaring it a fundamental right that flows from Article 21 of the Constitution which cannot be scuttled by the Central Agencies by filing supplementary and incomplete charge sheets before completing the probe within the stipulated period within 60 days or 90 days from the date of remand, as the case may be, to protect the Accused from the unfettered and arbitrary power of the State to deprive the default bail to the Accused.

“Delhi LG no control over Bureaucrats”, holds the five judges Constitution Bench of the Supreme Court -- The Apex Court Of India accentuated that the governance of states is not taken over by the central government.

The Hindu Marriage Act, 1955 -- Section 13(1)(i) -- The Family Courts Act, 1984 -- Section 14 -- Right to privacy is not an absolute right and is subject to reasonable restrictions if they are in public interest -- Adulterous husband, on the premise of public interest, has no right to privacy in divorce proceedings pendentelite -- Wife can procure production of evidence or documents such as details of hotel room bookings and call detail records (CDR) to prove the charge of adultery levelled by her against the husband in a divorce petition before family court in consonance with section 14 of the Family Courts Act.

Arbitration Act, 1996 -- Section 11 – Refusal to appoint an arbitrator on the ground that earlier the appellant had accepted the amount as per the final bill in full and final settlement and without raising any dispute and also signed and issued “no further claim certificate -- Notice invoking arbitration is issued prior to the Amendment Act, 2015 and the application under Section 11 for appointment of an arbitrator is made post Amendment Act, 2015, the provisions of pre-Amendment Act, 2015 shall be applicable and not the Amendment Act, 2015.

Service Law – Voluntary retirement -- Pension scheme -- Calcutta State Transport Corporation Employees’ Service (Death cum Retirement Benefits) Regulations, 1990 -- For considering, as to whether a party has waived its rights or not, it will be relevant to consider the conduct of a party. For establishing waiver, it will have to be established, that a party expressly or by its conduct acted in a manner, which is inconsistent with the continuance of its rights. However, the mere acts of indulgence will not amount to waiver. A party claiming waiver would also not be entitled to claim the benefit of waiver, unless it has altered its position in reliance on the same.

Supreme Court directed a judicial magistrate to re-examine a rape complaint filed by a woman against senior BJP leaders Kailash Vijayvargiya, Pradeep Joshi, and Jishnu Basu, in West Bengal in November 2018 – Court said While affirming the impugned judgment and order passed by the Calcutta High Court (in November 2020) remanding the matter back to the magistrate, we set aside the subsequent order passed by the magistrate on remand, pursuant to the impugned judgment and order passed by the high court and remit the matter back to the learned magistrate to examine and apply his judicial mind and then exercise discretion whether or not to issue directions under Section 156(3) (of the CrPC) or whether he can take cognisance and follow the procedure under Section 202 -- However, the supremacy of truth is easier to assert than to define. Often this task becomes difficult when contradictory factual positions are asserted duly supported and affirmed on oath.

Supreme Court allows Kanimozhi's plea, quashes petition challenging her election – Supreme Court dismissed an election petition challenging the election of DMK MP Kanimozhi from Tamil Nadu's Thoothukudi constituency in 2019 -- Kanimozhi had challenged a Madras High Court order which had refused to dismiss the petition against her -- Kanimozhi contested from the Thoothukudi constituency in 2019 and her election was challenged by a voter, A Sanathana Kumar, on grounds that she failed to mention her husband's Permanent Account Number (PAN) in her election affidavit disclosing family assets.

Supreme Court set aside an Andhra Pradesh High Court order which had stayed an SIT probe into alleged irregularities in the land deals in Amaravati during the previous TDP regime -- The apex court said the high court has failed to consider the fact that the state government had already made a representation to the Centre to refer the investigation to the CBI -- "We are prima facie of the opinion that some of the reasoning given by the high court while staying the further proceedings pursuant to the two government orders may not be germane, more particularly, when the high court has observed that the new government cannot be permitted to overturn the decisions of the previous government.

Hindu Marriage Act, 1955 -- Section 13-B -- Supreme Court said that it can dissolve a marriage on the ground of irretrievable breakdown, in exercise of power under Article 142(1) of the Constitution of India, has the discretion to dissolve the marriage on the ground of its irretrievable breakdown -- This discretionary power is to be exercised to do ‘complete justice’ to the parties, wherein this Court is satisfied that the facts established show that the marriage has completely failed and there is no possibility that the parties will cohabit together, and continuation of the formal legal relationship is unjustified.

Addmission – Reservation – Supreme Court said so many variables depending on social and economic facts in the context of educational opportunities would enter into the determination of the question as to what in the case of any particular State, should be the limit of reservation based on residence requirement within the State or on institutional preference. But in our opinion, such reservation should in no event exceed the outer limit of 70 per cent of the total number of open seats after taking into account other kinds of reservations validly made. The Medical Education Review Committee has suggested that the outer limit should not exceed 75 percent but we are of the view that it would be fair and just to fix the outer limit at 70 per cent.

Sick Industrial Companies (Special Provisions) Act, 1985 -- Section 20(4) -- Procedure and Guidelines to be followed by Asset Sale Committee (ASC) appointed by BIFR for sale of assets of sick companies – Where a bid has been finally accepted the purchaser shall be required to pay the balance of the purchase consideration in two installments of 50% and 48% of the total selling price, payable respectively, before the end of 45 days and 90 days from the date on which intimation regarding the final acceptance of the bid is dispatched to him by registered Post (A.D.)/Special Post at his notified address -- The successful purchaser shall within 15 days of the receipt of intimation regarding the acceptance of his bid, furnish a bank guarantee, valid for one year, as many as considered satisfactory by the OA/MA, to secure full and timely payment of consideration for the assets purchased.”

Ayurveda and Allopathy doctors not performing same work to get equal pay -- Practitioners of alternative systems of medicine such as Ayurveda are not entitled to equal pay with allopathic doctors as they not are involved in performing emergency duties and complicated surgeries -- It noted that even post-mortem or autopsy is not carried out by Ayurveda practitioners -- It is also not possible for Ayurveda practitioners to assist surgeons performing complicated surgeries while doctors with MBBS degrees can perform the task.

Agency can't file charge sheet without completing probe to deny bail -- Investigating agency should not file a charge sheet in court without completing a probe only to deprive default bail to an accused under Section 167 of CrPC -- According to section 167 of the CrPC, an accused will be entitled to default bail if the investigating agency fails to file a charge sheet within 60 days from the date of remand. For certain category of offences, the stipulated period can be extended till 90 days -- charge sheets can be filed without completing the investigation, the same can be used for prolonging remand and ensure that the fundamental rights guaranteed to accused persons is violated.

Stamp Act – Section 47A -- 47A. Instruments of conveyance etc., if undervalued, how to be dealt with: – (1)(a) If the market value of any property which is the subject of any instrument on which duty is chargeable on the market value of the property as set forth in such instrument is less than even the minimum value determined in accordance with the rules made under the Act, the registering officer appointed under the Registration Act, 1908 shall, notwithstanding anything contained in the said Act, immediately after presentation of such instrument and before accepting it for registration and taking any action under section 52 of the said Act, require the person liable to pay stamp duty under section 29, to pay the deficit stamp duty as computed on the basis of the minimum value determined in accordance with the said rules and return the instrument for presenting again in accordance with section 23 of the Registration Act, 1908.

Income Tax Act -- Section 153A – Supreme Court said Income tax authorities cannot add to a taxpayer's income under Section 153A of the Income Tax Act if no incriminating evidence is found during a search. The court, however, left the scope for the authorities to re-open the cases of tax violation if any incriminating evidence emerges later -- Section 153A of the IT Act specifies a process to determine the income of the searched individual. It aims to bring undisclosed income under the tax. The cases can be re-opened under Section 147/148.

Criminal Law – Section 302 -- Life imprisonment -- Many a times, while determining the sentence, the courts take it for granted, looking into the facts of a particular case, that the accused would be a menace to the society and there is no possibility of reformation and rehabilitation, while it is the duty of the court to ascertain those factors, and the State is obliged to furnish materials for and against the possibility of reformation and rehabilitation of the accused.

Supreme Court said lawyers cannot go on strike or abstain from work and directed all high courts to constitute grievance redressal committee at the state level headed by the chief justice, where advocates could make representations for redressal of "genuine problems".

Land Acquisition -- Section 24(2) of the 2013 Act does not give rise to new cause of action to question the legality of concluded proceedings of land acquisition. Section 24 applies to a proceeding pending on the date of enforcement of the 2013 Act i.e. 1-1-2014. It does not revive stale and time-barred claims and does not reopen concluded proceedings nor allow landowners to question the legality of mode of taking possession to reopen proceedings or mode of deposit of compensation in the treasury instead of court to invalidate acquisition.

Specific Relief Act, 1963 -- Section 16 (c) -- It is clear that in the case of sale of immovable property there is no presumption as to time being the essence of the contract -- Even if it is not of the essence of the contract the court may infer that it is to be performed in a reasonable time if the conditions are evident : From the express terms of the contract; From the nature of the property; and From the surrounding circumstances, for example : the object of making the contract.

Prevention of Food Adulteration Act, 1954 -- Section 16(1)(a)(i) read with Section 7 -- The word “Vendor” though not defined in the Act, would obviously mean the person who had sold the article of food which is alleged to be adulterated.

Waqf Act, 1995 -- Section 52(2) -- Law of limitation, being a procedural law, is retrospective in operation in the sense that it will also apply to proceedings pending at the time of the enactment as also to proceedings commenced thereafter, notwithstanding that the cause of action may have arisen before the new provisions came into force. However, it must be noted that there is an important exception to this rule also. Where the right of suit is barred under the law of limitation in force before the new provision came into operation and a vested right has accrued to another, the new provision cannot revive the barred right or take away the accrued vested right.

Criminal Law -- Code of Criminal Procedure, 1973 -- Section 161 -- Independent witness available in the court was not examined -- Cannot be disbelieved on the ground that few of the eye-witnesses were not examined, especially when the version of the eye-witnesses examined before the Court, inspires confidence.

Service Law -- Entitlement to the benefit of annual increment is due to the service already rendered -- Govt employees entitled to annual increment even they retire next day -- A government servant is granted the annual increment on the basis of his good conduct while rendering one year service -- Increments are given annually to officers with good conduct unless such increments are withheld as a measure of punishment or linked with efficiency -- Therefore, the increment is earned for rendering service with good conduct in a year/specified period.

Criminal Proceedings -- At the Section 482 CrPC stage, the High Court cannot halt criminal proceedings by claiming that the charges aren't proved -- At the stage of discharge and/or while exercising the powers under Section 482 Cr.P.C., the Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against the accused for which the accused is required to be tried or not. [Pare 4.1]

Transfer of Property Act -- Section 54 -- Agreement to Sell -- Under the circumstances, as per proviso to Section 49 of the Registration Act, an unregistered document affecting immovable property and required by Registration Act or the Transfer of Property Act to be registered, may be received as evidence of a contract in a suit for specific performance under Chapter-II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrument, however, subject to Section 17(1A) of the Registration Act.

Arbitration and Conciliation Act 1996; Section 34 - An application under Section 34 must be filed within “prescribed period” of limitation i.e. 90 days, for seeking benefit of exclusion of period during which the Court remained closed from computation of limitation period.

Income Tax Law – Retrospective Operation of Amendment – The Supreme Court in a very significant verdict declared that ‘amendment brought to s. 153C of the Income-tax Act, 1961 vide Finance Act, 2015 would be applicable to searches conducted u/s. 132 thereof, before 1.6.2015 i.e. the date of amendment’.

Press Freedom – Revoking of permission to television channel ‘Media One’ by Union Broadcasting Ministry, quashed by Supreme Court in a very significant judgement; it observed that broadcaster’s right to fair hearing was infringed by unreasoned order of Ministry and by non-disclosing relevant material; that blanket immunity from disclosure of all investigative reports could not granted; tests laid down to assess validity of claim of involvement of national security.

Supreme Court lifts Telecast Ban on Media One -- Criticism of govt policy not 'anti-establishment -- CJI DY Chandrachud emphatically stated that the State cannot deny the rights of the citizens by merely raising the plea of national security -- The mere involvement of issues concerning national security would not preclude the state's duty to act fairly. If the state discards its duty to act fairly, then it must be justified before the Court and the facts of the case. Firstly, the state must satisfy the court that national security concerns are involved.

Judges’ Pay Scale - Supreme Court dismissed review filed by Central Govt. and some State Governments against order dated 27.7.2022, whereby the Supreme Court had directed for implementation of the enhanced pay scale for judicial officers as per the recommendation of the Second National Judicial Pay Commission.

The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 -- Section 20 Sub-section (2) -- In a case where the landlord had earlier been refusing to accept rent at the correct rate and had been claiming rent at higher rate and the tenant had as a consequence of landlords earlier refusal in the past, deposited the rent in Court under Section 30 and thereafter, landlord serves a formal notice of demand again at a higher rate, whether the tenant without tendering rent at the correct rate to the landlord has a right straight away to deposit the same under Section 30(1).

Sahara-SEBI Refund Matter -- Supreme Court allowed a plea by the Central government seeking Rs 5,000 crore allocation out of Rs 24,000 crore, which was deposited by Sahara group with the SEBI, to pay back to the depositors -- It further added that the amount be paid to the respective genuine depositors of the Sahara Group of Cooperative Societies out of the aforesaid amount of Rs 5,000 crore at the earliest, but not later than nine months from today and balance amount be again transferred to the Sahara-SEBI refund account.

Partition Suit – Coparcenery rights of daughters– Quoting extensively the verdict in ‘Vineeta Sharma v. Rakesh Sharma and Others reported in (2020) 9 SCC 1’ of the Supreme Court, more specifically the following: ‘If a daughter is alive on the date of enforcement of the Amendment Act, she becomes a coparcener with effect from the date of the Amendment Act, irrespective of the date of birth earlier in point of time’; the Supreme Court upheld findings of Trial Court as upheld by Division Bench of High Court giving rights to daughters as coparcerners, by observing the following: ‘As the law governing the parties has been amended before the conclusion of the final decree proceedings, the party benefitted by such amendment (like the two daughters in the case on hand) can make a request to the Trial Court to take cognizance of the Amendment and give effect to the same.’

Judicial Discipline – Supreme Court expresses displeasure over Manipur High Court by observing as follows, ‘it is very unfortunate that the High Court has misunderstood our earlier judgment and order dated 24.2.2023.’ Supreme Court vide said order had directed to reconsider the case of original writ petitioner for promotion by considering ACRs of two years only; whereas a fresh DPC was ordered to be conducted to consider case of other selected candidates also.

Govt. Teacher – Appointment – Petitioner was appointed as Govt. teacher but was terminated within 15 days when it was found that the bachelor’s degree he had obtained was through distance education mode; matter reached Supreme Court where it was contended that in similar cases, same Judge of High Court had granted relief; Supreme Court, re-iterating, settled position of law as to that ‘there cannot be equality in the matter of illegality’, dismissed the petition.

Insolvency and Bankruptcy Code, 2016 -- Section 12A -- Corporate Debtor -- The settlement cannot be stifled before the constitution of the Committee of Creditors in anticipation of claims against the Corporate Debtor from third persons. The withdrawal of an application for CIRP by the applicant would not prevent any other financial creditor from taking recourse to a proceeding under IBC. The urgency to abide by the timelines for completion of the resolution process is not a reason to stifle the settlement.

Criminal Law – In Hathras Criminal Case, the Supreme Court expressed surprise over the fact that State of Uttar Pradesh has come up in SLP against Allahabad High Court’s order, whereby family member of victim was ordered to be given a job and to re-locate the family from Hathras; and dismissed the said SLP saying that order was passed in special facts and circumstances of the case.

Insolvency Code – Section 9 application was dismissed by NCLT and NCLAT on ground that claims raised under invoices were barred by limitation; there were 187 unpaid invoices ranging from period 12.3.2011 and 30.6.2017; NCLT considered starting point of limitation as 12.3.2011; Supreme Court set aside NCLT’s order observing that, NCLT ought to have consider invoices at least for period preceding three years; matter was remanded for re-consideration.

Banking law – Supreme Court says that opportunity of hearing must be provided before classifying a bank account as fraud account and has read principles of audi alteram partem into concerned RBI Circular[Clauses 8.9.4 & 8.9.5 of Master Directions on Fraud].

Child Rights Laws – In a gruesome murder case where five women, including one pregnant, and two children were murdered in August 1994, and capital punishment as to death was awarded, the convict is set free in 2023 by Supreme Court, accepting his plea of juvenility by holding that the convict was of 12 years and 6 months of age at the time of commission of offence.

Child Rights Laws – Supreme Court suggested Delhi Commission for Child Rights and Union Women & Child Development to convene a meeting so that discussions may be held w.r.t. issues raised by Commission in present petition as to making certain serious offences committed against children as non-cognizable.

Women Health - ‘Since sufficient steps have now been taken by the Union Govt. in framing guidelines, and in view of the steps taken by the State Governments to identify any instances of hysterectomies without the informed consent of women, we see no reason to keep the petition alive.’, observed the Supreme Court while disposing of the petition filed by one Doctor against forced hysterectomies conducted in States of Bihar, Chhatisgarh & Rajasthan.

Essential Commodities Act, 1955 -- Section 7 -- Power of entry, search and seizure -- Seize and remove with such aid or assistance as may be necessary , the entire quantity of any stock of liquefied petroleum gas in cylinders, cylinder valves and pressure regulators, alongwith the vehicles, vessels or any other conveyances used in carrying such stock if he has reason to suspect that any provision of this Order has been or is being or is about to be, contravened in respect of such stock and thereafter take or authorise the taking of all measures necessary for securing the production of the stock of liquefied petroleum gas in cylinder, cylinders, gas cylinder valves, pressure regulators, vehicles, vessels or other conveyances so seized before the Collector having jurisdiction under the provisions of section of the Essential Commodities Act, 1955 (10 of 1955) and for their safe custody pending such production.

Essential Commodities Act – Supreme Court reverses conviction awarded under Essential Commodities Act, for selling gas cylinders in black in the year 1995, on ground that the Sub-Inspector was not authorized to take action under clause 7 of LPG (Regulation of Supply & Distribution) Order, 1988

Land Acquisition Act, 1894 -- Award -- In case the award has been passed within the window period of five years excluding the period covered by an interim order of the court, then proceedings shall continue as provided under Section 24(1)(b) of the 2013 Act under the 1894 Act as if it has not been repealed.

Criminal Law -- Capital Punishment -- Sentence of life imprisonment subject to remission normally works out to a term of 14 years would be grossly disproportionate and inadequate -- If the Court’s option is limited only to two punishments, one a sentence of imprisonment, for all intents and purposes, of not more than 14 years and the other death, the Court may feel tempted and find itself nudged into endorsing the death penalty -- Such a course would indeed be disastrous -- A far more just, reasonable and proper course would be to expand the options and to take over what, as a matter of fact, lawfully belongs to the Court i.e. the vast hiatus between 14 years’ imprisonment and death.

Constitutional Law -- In one criminal matter of land scam being filed against Major Archbishop of Syro-Malabar Church Alencherry, when Kerala High Court was moved u/s. 482 CrPC to quash criminal proceedings, observation made by Kerala High Court while dismissing said petition, were held to be only prima facie in nature and that no finality could be attached to them; further with regard to orders passed directing State Govt. to make detailed inquiry with regard to certain transactions, the Supreme Court observed that ‘the High Court in its overzealous approach had travelled not only beyond the scope and ambit of s. 482 CrPC and of Article 226 but had crossed all the boundaries of judicial activism and judicial restraint under guise of doing real & substantial judtie.

Fundamental Rights -- A minority educational institution cannot claim immunity u/article 30(1) when under a State law, the said institution is required to get the fees charged by it fixed by a Committee constituted under the said law; in this case the Admission & Fee Regulatory Committee under MP Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007; every such institution is free to devise its own fee structure subject to limitation that there can be no profiteering or capitation fee, directly or indirectly, further observed the Supreme Court.

Drugs and Cosmetics Act 1940 -- Section 18 -- A person can be liable for prosecution or conviction under Section 27(a)(i)(ii) read with Section 18(c) of the Act, it must be proved by the prosecution affirmatively that he was manufacturing the drugs for sale or was selling the same or had stocked them or exhibited the articles for sale -- The possession simpliciter of the articles does not appear to be punishable under any of the provisions of the Act -- If, therefore, the essential ingredients of Section 27 are not satisfied the plea of guilty cannot lead the Court to convict.

Tax Laws – Service of assessment orders – In either service of notice by tax departments or of assessment orders, conduct of assessee is relevant; in this case, assessee claimed that he was ignorant about assessment orders passed against it; but when revenue filed writ petition against bank’s proposal to auction the assessee’s properties, it had impleaded assessee too and in said petition there was specific mention about assessment orders having become final; assessee was duly served in the writ proceedings; held, assessee deliberately chose to keep quiet and therefore, could not be heard saying that since he was not served with the assessment orders, it could not be enforced against it.

Central Goods and Services Tax Act, 2017 -- Explaining concept of ‘cause of action’ in the context of writ petition, the Supreme Court observed that a company which incidentally has a office in Sikkim, but carries on a business in Goa and a tax is imposed by Govt. of Goa with respect to said business, than challenging said tax, company could not invoke jurisdiction of High Court of Sikkim, but only Goa High Court; Supreme Court enumerated Guiding Tests to determine Cause of Action w.r.t. writ jurisdiction of High Courts.

Directions issued by National Green Tribunal, Chennai to the Central Pollution Control Board, to ensure that all the retail petroleum outlets located in different cities having population of more than 10 lakhs and having turnover of more than 300 KL/Month shall install the VRS (Vapour Recovery Systems) mechanism within the fresh timeline as prescribed in Circular of CPCB dated 4.6.2021.

Criminal Law -- Supreme Court, while reversing a murder conviction awarded by the Trial Court and upheld by the High Court, observed that omission on the part of the prosecution to explain the injuries on the accused would assume greater importance where the evidence consists of interested or inimical witnesses or where the defence gives a version which competes in probability with that of the prosecution one.

Writ of quo warranto – Appointments -- There shall be 25% of seats for direct recruitment from the Bar, 65% of seats are to be filled up by regular promotion of Civil Judge (Senior Division) and 10% seats are to be filled up by limited departmental competitive examination -- If the candidates are not available for 10% seats, or are not able to qualify in the examination then vacant posts are to be filled up by regular promotion in accordance with the Service Rules applicable.

Taxation -- Supreme Court while dealing with claim of Input Tax Credit under Karnataka Value Added Tax, 2003, held that ‘mere production of the invoices or the payment made by cheques is not enough and cannot be said to be discharging the burden of proof cast u/s. 70 thereof; actual transaction has to be proved which could be proved by furnishing the name and address of the selling dealer, details of the vehicle, payment of freight, acknowledgement of taking delivery of goods, tax invoices and payment particulars etc.

Supreme Court’s stay of Uttarakhand High Court’s order, whereby High Court had held that Fatwa was nothing but extra-constitutional adventurism; and is against the letter and spirit of the Constitution, is made absolute.

Supreme Court orders removal of Mosque in Allahabad High Court Building -- Mosque, situated in a Govt. lease land, grant whereof was cancelled in 2002, was resumed in favour of Allahabad High Court in 2004 for its expansion; Supreme Court in 2012 upheld the said resumption; therefore no legal right can be claimed over the premises, holds the Supreme Court; and the mosque standing thereupon, ordered to be demolished within 3 months, if not, than appropriate authority including High Court could get construction removed or demolished, ordered the Supreme Court

Negotiable Instruments Act, 1881 -- Section 138, 143A & 148 -- "The signatory of the cheque, authorized by the "Company", is not the drawer in terms of section 143A of the NI Act and cannot be directed to pay interim compensation under section 143A.

Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 (hereinafter referred to as the Rules, 2020) -- Rule 3(2)(b), Rule 4(2)(c) and Rule 6(9) -- Providing 20 years’ experience under Rule 3(2)(b) also rightly held to be arbitrary and violative of Article 14 of the Constitution. It is required to be noted that under Section 3(2)(b), a presiding officer of a Court having experience of 10 years is eligible for becoming President of the State Commission -- Even under Section 3(1) a judge of the High Court, present or former, shall be qualified for appointment of the President -- As per Article 233 of the Constitution, a lawyer needs to have only 7 years of practice as an advocate in High Court -- Under the circumstances to provide 20 years’ experience under Rule 3(2)(b) is rightly held to be unconstitutional, arbitrary and violative of the Article 14 of the Constitution of India.