Supreme Court Monthly Roundup – June 2020

Prachi Bhardwaj

4 years ago

PIL seeks ban on sale of Coca cola, Thums Up; SC imposes fine of Rs. 5 Lakhs for abuse of process

Every consideration received in foreign exchange does not ipso facto fall within the ambit of Section 80-O IT Act

For bringing any particular foreign exchange receipt within the ambit of Section 80-O of Income Tax Act for deduction, it must be a consideration attributable to information and service contemplated by Section 80-O; and in case of a contract involving multiple or manifold activities and obligations, every consideration received therein in foreign exchange will not ipso facto fall within the ambit of Section 80-O.

Treating ‘loss of love and affection’ as a separate head not justified when compensation for ‘loss of consortium’ already awarded

Taking note of the fact that several Tribunals and High Courts have been awarding compensation for both loss of consortium and loss of love and affection, the Court said,

“There is no justification to award compensation towards loss of love and affection as a separate head.”

You don’t have a right to walk in here as and when you please: SC to Govt seeking condonation of 1697 days’ delay

Testamentary disposition of agricultural land to a non-agriculturist defeats the purpose of Sections 43 and 63 of Bombay Tenancy Act

“if it is held that the testamentary disposition would not get covered by the provisions of Section 43, a gullible person can be made to execute a testament in favour of a person who may not fulfil the requirements and be eligible to be a transferee in accordance with law. This may not only render the natural heirs of the tenant without any support or sustenance but may also have serious impact on agricultural operations.”

Can Family Court convert petition for maintenance under Section 125 CrPC to one under Muslim Women’s Protection Act? Split verdict by SC

Property’s market value can be enhanced while deciding appeal under Section 47A of Stamp Act in case of obvious illegality

“There is nothing in the scheme of the Act which purports to restrict the exercise of suo motu power under Section 47-A, and confines it to cases where knowledge of any illegality or infirmity in the proceedings undertaken by the subordinate officers must be gathered from sources other than through a pending appeal.”

SC refuses to direct Govt to use Indian Community Welfare Fund for repatriation of the economically weaker Indian expatriates

Presumption of murder can be drawn when abduction and destroying of the body by the accused is already proved

“Where abduction is followed by illegal confinement and still later by death, the inference becomes overwhelming that the victim died at the hands of those who abducted/confined him.”

Transferee has to pay the outstanding dues if he desires to enjoy the Electricity connection

Supreme Court Monthly Roundup – June 2020

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