Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“Where a case concerns the integrity of public procurement and involves allegations of conflict of interest at the highest levels, an investigation must be not only fair but must also appear fair.”
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“Even if the appellant-wife is highly educated and professionally qualified, that by itself cannot be a reason to absolve the respondent-husband from his matrimonial, paternal, moral and legal responsibility to provide for his wife and children.”
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“In view of the plea of discrimination as taken and the response filed in the counter affidavit, it is clear that out of 16 candidates 3 could not join, therefore, those posts are available.”
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The Supreme Court set aside the direction allowing an absentee to appear in the next round of recruitment process.
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“The operating surgeon is the best judge of which one of the two procedures is to be adopted.”
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“The office of the mutawalli and Sajjadanashin cannot be said to be one and the same… Sajjadanashin is the spiritual head of Waqf and declaration of Sajjadanashin is a religious affair, however, role of Mutawalli of a Waqf only pertains to the administration and management of the Waqf.”
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“To convict an accused for commission of an offence punishable under Section 304 Part II IPC, it must be proved that the accused has committed culpable homicide as defined in Section 299 IPC.”
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“The Sajjadanashin is not merely an administrative manager of Wakf property but is primarily the spiritual head of the shrine, responsible for preserving the spiritual lineage (silsila), guiding disciples (murids), conducting religious ceremonies such as Urs and Sandal, and maintaining the spiritual traditions associated with the shrine.”
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“Despite the passage of time, a large number of allottees have neither received possession nor refund. Even in cases where settlement agreements have been executed, the terms thereof have not been fulfilled.”
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“The recipient of a concession has no legally enforceable right against the Government to grant of a concession except to enjoy the benefits of the concession during the period of its grant. This right to enjoy is a defeasible one.”
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“The land in question, though administered by a corporate body, is essentially trust property held for the benefit of the community, and any irregularity in its alienation is a matter of legitimate public concern.”
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To ensure strict compliance with the mandate on non-disclosure of rape victims’ identities, the Court further directed that a copy of this judgment be sent to all High Courts that the proscription in Section 228-A IPC is followed strictly.
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The Court held that Constitutional Courts should not exercise an “ex-ante jurisdiction” to pre-empt executive decisions in such matters, as doing so would undermine the contractual discretion vested in the authority.
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‘A requisition is not a voluntary arrangement; it is a command issued under statutory authority.’
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“Jurisdiction especially at the level of the trial courts is a creation of specific statutes and the learned judges must be cognizant, always of the differences in the jurisdiction conferred upon them thereby.”
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The Court held that a de novo trial cannot be ordered merely on technical grounds, particularly when the trial had substantially progressed and no real miscarriage of justice is shown.
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The Supreme Court was examining the legality of a dismissal order passed by invoking Article 311(2)(b) of the Constitution without holding a departmental inquiry.
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“Once a judgement or an order passed by a court in a particular case has attained finality and is not the subject matter of further challenge before a prescribed forum, a subsequent change in the judicial interpretation would not entail a reversal of such decision inter-se the parties to that case.”
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The Supreme Court declined to issue directions either to declare the birth anniversary of Guru Gobind Singh Ji as a nationwide gazetted holiday or to frame uniform guidelines for declaration of holidays.
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“The decision of the Government to fill the notified vacancies cannot be equated with creation of a right in favour of every candidate below the selected candidate to claim automatic substitution in the event of non-joining.”
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