Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The Court also directed the Central Government to contemplate with parties concerned as to installation of vehicle location tracking devices in the vehicles at the manufacturing stage.
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The Court directed the confiscation of the property where a claim, which was presented to be based on a will, but was in substance an attempt to obtain judicial recognition of a benami transaction.
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Supreme Court dismissed SLP filed by BMRCL challenging Karnataka High Court judgment restoring arbitral award in favour of Navayuga Engineering Company, reiterating limited scope of interference under Sections 34 and 37, Arbitration and Conciliation Act, 1996 and upholding award including finance charges as compensatory claim.
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The Supreme Court held that a digitally signed order is the final and binding order of the Court and that corrections or refinements to a dictated draft before signing are permissible so long as they do not materially alter the judgment.
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The Court directed the confiscation of the property where a claim, which was presented to be based on a will, but was in substance an attempt to obtain judicial recognition of a benami transaction.
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Supreme Court observed that the word “may” in Regulation 10, 1976 Regulations, from any standpoint, is directory and construing it as mandatory would remove the discretion available to the employer in dynamic circumstances.
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“The ability to understand and be understood in one’s own language is not a matter of convenience, but a matter of existential rights, for comprehension must necessarily precede meaningful participation in the society and day to day life activities.”
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“The requirement that the place must be one “within public view” can be said to be substantiating the other elements of the offence under the SC/ST Act. It is therefore a sine qua non for making out the offence under the SC/ST Act.”
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“The Court wields considerable authority, yet the true essence of judicial magnanimity lies in restraint. Measured reprimand and corrective guidance remain the wiser course over sheer penal consequence.”
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“If individuals entrusted with enforcing the law themselves secure entry into service through deception and fabricated credentials, it would seriously erode the Rule of Law.”
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The Court denied the electricity distribution company the depreciation cost for the Plant’s technical useful life, instead of the regulatory recovery period under the tariff framework.
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Supreme Court allowed appeals by formaldehyde manufacturing units in Rajasthan and Haryana and quashed NGT closure orders over absence of prior Environmental Clearance under the EIA Notification, 2006.
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“The present case does not involve a straightforward financial debt-fault scenario warranting initiation of CIRP. The facts disclose a dispute which is predominantly contractual in nature and is subject matter of the proceedings before the DRT-the appropriate forum for recovery.”
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The Court emphasised that dowry death cases carry statutory presumptions under Section 118, Sakshya Adhiniyam, 2023 which cannot be ignored.
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At the hearing, it was contended that the said clause was permissive in nature and does not constitute a binding arbitration agreement within the meaning of Section 7.
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Person may be treated as a “member” entitled to file petitions under Sections 397 and 398, Companies Act, 1956 even if their name is not entered in the register of members, provided the Company’s conduct and records establish recognition of proprietary interest.
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The obligation of the State to act as a model employer is not a mere exhortation but flows directly from the guarantee of equality enshrined in Article 14 of the Constitution.
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In the instant case, the petitioner was in jail for almost 4 years, but not a single witness was examined.
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“The most invaluable gift that the people of India gave unto themselves through the Constitution was the vision of a casteless society founded upon the principle of substantive equality.”
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Supreme Court rules on Rehbar-e-Taleem (ReT) Scheme closure, holds denial of appointment due to pending litigation arbitrary under Article 14, and grants relief to select panel candidates subject to TET qualification.
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