Case BriefsSupreme Court

Explaining the scope of the territorial jurisdiction of Special Court under the Prevention of Money-laundering Act, 2002, the bench of V Ramasubramanian and JB Pardiwala, JJ also held that the trial of the scheduled offence should follow the trial of the offence of money-laundering and not vice versa.

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Case BriefsSupreme Court

The woman lost her father during the Covid-19 pandemic and her mother is unwell. She also has a married sister, 10 years older to her. However, all of them showed their inability to raise the child.

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Case BriefsSupreme Court

The Court was deciding the case where the ex-employees of Maharashtra State Financial Corporation had challenged decision denying the benefit of revision of pay scales, as recommended by the Fifth Pay Commission, to the employees who had retired or died during the period of 01.01.2006 to 29.03.2010.

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The Supreme Court has held that allowing movie goers to carry their own food and beverages to a movie hall would be akin to permitting a customer who visits a restaurant to carry their own food and eat it within the premises of that restaurant.

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Section 138 NI Act| Conviction cannot be confirmed once parties enter into MoU for amicable settlement of dispute: Supreme Court
Case BriefsSupreme Court

The Supreme Court observed that such settlement is nothing but a compounding of the offence and hence, the Court cannot override such compounding and impose its will.

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Legal RoundUpSupreme Court Roundups

This roundup revisits the analyses of Supreme Court’s judgments/orders on constitutionality of Demonetisation; Freedom of Speech of Ministers; Guidelines to withhold life support of a terminally ill patients; Tussle between Delhi Government and Centre, and more. It also covers reports on Justice SA Nazeer’s retirement; the career trajectory & important decision of Justice CT Ravikumar; Explainers on important law points; five ‘Did You Know’ facts; Cases Reported in SCC Weekly in the month of January; and a throwback from SCC Archives.

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Case BriefsSupreme Court

The observation of the Supreme Court came in a case where the deposition of the prosecutrix was recorded by the trial court in English language though she had deposed in her vernacular language.

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Case BriefsSupreme Court

The Supreme Court observed that the prosecutrix had betrayed her husband and three children by having relationship with the accused during the subsistence of her marriage and had continued to live with the accused even after finding out that he was a married man having children.

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Case BriefsSupreme Court

It was observed that judicial discipline required that once the conviction was confirmed by the Supreme Court that too after hearing the accused, the High Court should not have thereafter made any comment on the merits of the case.

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Case BriefsSupreme Court

Observing that performance of functions identical to those performed by medical practitioners by persons who do not possess the qualifications prescribed under the Central Act, could have dangerous consequences, the Supreme Court held that Rural Health Practitioners enlisted under the Assam Act, are underqualified to perform functions similar to those performed by medical practitioners registered in accordance with the Indian Medical Council Act, 1956.

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Case BriefsSupreme Court

The Supreme Court has directed ONGC and State to either comply with the Gujarat High Court's order directing the permanent acquisition of land by ONGC on or before 26.04.2023 or face necessary consequences.

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The Supreme Court Collegium stated that every individual is entitled to maintain their own dignity and individuality, based on sexual orientation. Senior Advocate Kirpal’s openness about his orientation goes to his credit and rejecting his candidature on this ground would be contrary to the constitutional principles laid down by the Supreme Court.

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Case BriefsSupreme Court

The prayer seeking free public access to chargesheets and final reports was made relying on ruling in Youth Bar Association of India v. Union of India, (2016) 9 SCC 473, wherein the Supreme Court had directed copies of FIRs to be published within 24 hours of their registration on the police websites or on the websites of the State Governments.

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Wikipedia
Case BriefsSupreme Court

The Supreme Court's observation came after the Commissioner of Customs (Appeal) had referred to Wikipedia for coming to the conclusion in a case under the Central Excise Tariff Act, 1985.

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Case BriefsSupreme Court

The bench of KM Joseph and BV Nagarathna, JJ has held that the definition of ‘family' under the Central Civil Services (Pension) Rules, 1972 is a restrictive and specific one and cannot be expanded to take within its sweep, all heirs, as provided under Hindu law, or other personal laws.

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bail
Case BriefsSupreme Court

“The Courts have the power to cancel the bail and to examine the merits of the case in a case where the accused is released on default bail and released not on merits earlier. Such an interpretation would be in furtherance to the administration of justice.”

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Case BriefsSupreme Court

Noting that there is no disqualification for a Sikkim man, who marries a non-Sikkimese after 01.04.2008, the Supreme Court observed that the discrimination is based on gender.

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Case BriefsSupreme Court

While MR Shah, J, has struck down the definition of “Sikkimese” in Section 10(26AAA) of the Income Tax Act, 1961, Nagarathna, J, has called for saving the Explanation to Section 10(26AAA) and has created a stopgap ‘sub-clause (iv)’ till the Union of India makes the requisite amendment to the provision.

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Case BriefsSupreme Court

Taking note of the sorry state of affairs as to how the city of Bengaluru, once considered to be one of India’s best cities, a ‘Garden city’ has been ruined on account of haphazard urban development, the Supreme Court observed that the warning flagged by the city of Bengaluru needs to be given due attention by the legislature, executive and the policy makers and proper balance needs to be struck between sustainable development and environmental protection.

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Case BriefsSupreme Court

The Supreme Court was hearing the case where a manufacturer was earlier manufacturing “Spun Line Crown Cork” used for sealing the glass bottles but now with the use of modern technologies, was manufacturing “Double Lip Dry Blend Crowns”, also used for sealing the glass bottles.

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