Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
Amputation Resulting in Complete Loss of Masonry Work Warrants Assessment of 100% Functional Disability Despite 70% Physical Disability: Supreme Court
The Court reiterated that assessment of functional disability must reflect actual loss of earning capacity and not merely physical disability.
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Lack of proper Ladies’ Bar Rooms a constitutional concern; Supreme Court suggests Young Lawyers’ Professional Assistance Fund to prevent brain drain from the Bar
The PIL highlighted the widespread absence of properly equipped Ladies’ Bar Rooms and essential amenities in High Courts, District Courts, Taluka Courts, Tribunals, Revenue Courts, and Commissions across the country.
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Supreme Court: High Court Cannot Substitute Mandatory Injunction with Compensation When No Such Relief Is Claimed
Supreme Court held that a High Court cannot substitute a decree of mandatory injunction with monetary compensation in a second appeal when such relief was neither sought nor consented to by the plaintiff.
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INC candidate Meenakshi Natarajan’s Rajya Sabha nomination from Madhya Pradesh was rejected for non-disclosure of a pending criminal case in her Form 26 affidavit. The Supreme Court declined to examine the merits, holding that the constitutional bar under Article 329(b) admits no exception for cases involving manifest illegality.
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Supreme Court: In a civil appeal arising from a dispute concerning delayed delivery of a residential flat, the Division Bench of Vikram
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In a judgment arising from a five-year-old child run over by a tanker while walking to school, the Supreme Court declared that Urban Development Authorities, Municipal Corporations and Panchayats bear an enforceable duty to provide pedestrian infrastructure, with remedies independent of the Motor Vehicles Act.
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The Court held that the candidates included in the revised list of 226 candidates acquired no vested right and must participate in the fresh selection process.
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Supreme Court clarified that compassionate appointment and compassionate financial assistance are distinct benefits under the Haryana Compassionate Assistance Rules, 2019, and held that Rule 23(1) cannot be invoked to defer a claim for compassionate appointment during the pendency of criminal proceedings.
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The Calcutta High Court had held that, since no irreversible or irretrievable stage had been reached and the appellant’s unpaid claim could still be pursued before the NCLT, interference with Company Court’s order was unwarranted.
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A man who had owned land since childhood under a 1960 deed was nearly stripped of his entire property through a doctrine designed to prevent re-litigation, the Supreme Court stepped in, holding that constructive res judicata cannot be used to produce harsh or inequitable consequences.
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The present appeal presents an important question concerning the delicate balance between strict adherence to statutory recruitment norms and the constitutional obligation of courts to ensure fairness where employees, appointed through a duly initiated public selection process and having rendered long years of unblemished service, face the prospect of displacement on account of procedural defects allegedly attributable not to them but to the authorities conducting the recruitment.
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The Court recognised that it would be unrealistic to expect a constant vigil over every tree and shrub within city limits. Likewise, although it may be conceivable that an old branch might eventually give way, public authorities cannot be expected to cut every branch merely because such a possibility exists.
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Holding that wilful abstention from inquiry after receiving a court notice attracts constructive notice, the Supreme Court ruled the respondents’ 2022 revocation application hopelessly time-barred under Art. 137, Limitation Act, and restored the Single Judge’s dismissal order.
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The Court clarified that the guidelines issued herein are not intended to be understood as exhaustive or inflexible guidelines to be applied mechanically in every case. The determination of such application was left to the sound discretion of the Court concerned, to be exercised on a case-to-case basis.
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Reiterating the distinction between territorial jurisdiction and forum convenience, the Supreme Court held that once jurisdiction is validly attracted under Article 226(1) by the presence of necessary respondent authorities within a High Court’s territorial limits, the doctrine of forum non conveniens cannot be routinely invoked to decline adjudication.
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A third Judge empowered to reopen unanimous findings would mean convicts filing composite appeals gain an advantage unavailable to those filing separate appeals. That, the Supreme Court observed, may offend Article 14. The question goes to a larger Bench.
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The Court created a new compensatory head for the homemaker’s contribution towards smooth functioning of the household, the loss of maternal support for children and loss of spousal support/the support and care of their child who is an adult, for the parents of the deceased.
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The Court was considering a case where the appellant’s provisional selection to the post of Stipendiary Cadet Trainee Police Constable was cancelled on ground of criminal antecedents resulting from moral turpitude.
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The Court declined to interfere with the NGT’s order holding that a landlord, being the owner and not the actual occupier of the premises, cannot be held accountable for environmental violations by the tenant.
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The Calcutta High Court reversed a Sessions Court acquittal, convicted the accused under Sections 376 and 312 IPC and then directed him to surrender before the trial court for sentencing. The Supreme Court found the procedure “unknown to law.”
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