Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“It will be a dangerous proposition to hold that judgments and orders which do not refer expressly to statutory provisions are per se dishonest judgments”.
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The very grant of lease to the respondent for agricultural purposes was uncalled for because it led to devastation and deforestation of huge forest area admeasuring nearly 134 acres.
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“The discipline of precedent is not a matter of personal predilection; it is an institutional necessity. Stare decisis et non quieta movere… is a working rule which secures stability, predictability and respect for judicial outcomes. The law cannot change with the change of the Bench.”
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“When bail is sought in prosecutions governed by a special statute, the Court is required to undertake a difficult and sensitive balancing exercise, conscious that neither liberty nor security admits of absolutism”.
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“The decision facilitates access to justice for litigants from a region which is geographically distant from the principal seat of the High Court. The Constitution does not prescribe a single model for judicial administration; it permits institutional discretion to be exercised, within the framework of law, to meet practical and regional needs”.
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In its order dated 23-12-2024, Delhi High Court had expressed satisfaction that offence under Section 5(c) of the POCSO Act was not made out against Kuldeep Sengar on account of him not falling within the definition of a “public servant” and therefore suspended his sentence during the pendency of the Appeal.
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Strong concerns are raised about misinterpretation and improper implementation of the newly adopted definition of the Aravalli Hills and Ranges. Their dissent arises from perceived ambiguity in the directives, creating a pressing need for further clarification to avoid regulatory gaps that could undermine the ecological integrity of the Aravalli region.
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“Under Section 139 of the NI Act, there is a presumption that the holder of a cheque received the cheque of the nature referred to in Section 138 NI Act for the discharge, in whole or in part, of any debt or other liability. This presumption can be rebutted by evidence led in trial.”
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“Non-compete fee only seeks to protect or enhance the profitability of the business, thereby facilitating the carrying on of the business more efficiently and profitably.”
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The Court issued specific direction to the Trial Court to expedite the hearing… particularly when the petitioner is languishing under incarceration for more than 8½ years.
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Section 148 NI Act was introduced to remedy the systemic abuse of appellate processes, whereby convicted drawers routinely secured suspension of sentence and delayed payment of compensation for years, thereby frustrating the object of Section 138 of NI Act.
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“The Court emphasized that the legal consequences of State Reorganisation Acts cannot override the specific requirements of the MSCS Act. A cooperative society must demonstrate, through evidence, that its objects, membership, and area of operation genuinely extend across multiple States. Mere territorial changes due to bifurcation or reorganisation are insufficient.”
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Legislature has defined “head office expenditure” in clear and unambiguous terms to mean executive and general administration expenditure incurred by the assessee outside India, including, inter alia, travelling expenses, salaries, and other administrative costs.
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“A transferee pendente lite takes the property subject to the outcome of the proceedings, irrespective of notice or bona fides.”
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The directions were issued with the aim to institutionalize a standardized format for cataloguing witnesses, documentary evidence, and material objects, in order to facilitate better comprehension and immediate reference for all stakeholders, including the Appellate Courts
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“Eliminating dowry is not only a matter of enforcing the DPA 1961 but a constitutional imperative. It fulfils the Republic’s promise that every woman should enter marriage as an equal citizen and not as the bearer of an unjust financial burden”.
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The SLP centred around Sikmi Tenancy under the West Bengal Estates Acquisition Act, 1953 wherein the petitioner had contended that the High Court erred in its observation with respect to the petitioner’s rights as a Sikmi Tenant.
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The Court further declined to interfere in the bail granted to the persons accused for derailment of Jnaneswari Express on 28-5-2010 stating that the CBI could not bring to notice subsequent development which would justify this interference.
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The Executing Court’s role in enforcing a decree based on a Lok Adalat award under the Legal Services Authorities Act, 1987 is limited to execution alone. It cannot annul, set aside, or question the validity of the award, and objections in execution cannot serve as an alternative remedy to challenge the award.
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If the referral court finds that a party is not a veritable party, the matter will not be left to the Arbitral Tribunal as it will relegate the referral court to the status of a monotonous automation.
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