SC| Supreme Court is not a place for the Governments to walk in when they choose ignoring the period of limitation prescribed
“It appears that all our counseling to Government and Government authorities have fallen on deaf ears”
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This column will list all the case briefs on the decisions of the Supreme Court
Can the breach of audi alteram partem rule by itself lead to the conclusion that prejudice has been caused? SC elucidates
Supreme Court: The 3-judge bench of RF Nariman, Navin Sinha and KM Joseph has reiterated the principles of natural justice as follows:
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Unless extended for “good reason”, stay by ‘any court’ automatically expires within a period of six months; SC reminds
Supreme Court: Clarifying the legal position on expiry of stay, the 3-judge bench of RF Nariman, Navin Sinha and KM Joseph, JJ
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[Domestic Violence] SC| Wife can claim right to residence in shared household belonging to not just husband but also to his relatives. Read conditions
“The progress of any society depends on its ability to protect and promote the rights of its women.”
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Candidate declared unfit for the post of District Judge due to pendency of criminal case. Can they claim reconsideration after acquittal? Read what SC says
Supreme Court: In a case where a man was tried for and later acquitted from charges under Section 498A/406/34 IPC, the bench
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Whether an ex-employee of a financial creditor is eligible to be appointed as Resolution Professional? Read what SC says
Supreme Court: The 3-Judge Bench of Arun Mishra, B.R. Gavai and Krishna Murari, JJ., set aside the NCLAT’s Order with regard to
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SC| Right to default bail under the first proviso to Section 167(2) CrPC not a mere statutory right but a fundamental right
Right to default bail a fundamental right granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2) are fulfilled.
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Is right to pre-emption a recurring right or exercisable only the first time? SC answers
Supreme Court analyses whether the right of pre-emption can be enforced for an indefinite number of transactions or it is exercisable only the first time.
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SC| Evidence has to be weighed and not counted
“… the prosecution has miserably failed to prove the guilt of the accused beyond doubt the appellants therefore must be given benefit of doubt.”
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Payal Tadvi suicide| SC says accused doctors, as “presumably innocent persons”, entitled to study; allows all 3 to resume studies in the same college
Even a convict is allowed to have academic pursuits while undergoing sentence and develop his potential as a human being to the fullest.
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SC holds NRI quota for admission to professional courses “neither sacrosanct, not inviolable”; private colleges have some elbow room
Private colleges offering professional and technical courses, have some elbow room to decide whether, and to what extent, they wish to offer NRI or management quotas
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Law Student Sexual Assault case| SC sets aside All HC order; says copy of the statement of victim could not have been provided to Swamy Chinmayanand
“In such matters utmost confidentiality is required to be maintained. In our view, the High Court completely failed in that behalf.”
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An offence committed by a ‘juvenile’ in 1981; three Juvenile Justice statutes and a legal conundrum on their applicability. Read how SC solved this riddle
Supreme Court: In a bid to clear the air over the applicability of and the Juvenile Justice (Care and Protection of Children)
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Shaheen Bagh Protests| Democracy and dissent go hand in hand but public spaces cannot be occupied indefinitely for expressing dissent: SC
“Each fundamental right, be it of an individual or of a class, does not exist in isolation and has to be balanced with every other contrasting right.”
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Is SLP against an order rejecting the review petition maintainable when main judgment is not under challenge? SC answers
Supreme Court: The 3-judge bench Ashok Bhushan, R. Subhash Reddy and MR Shah has reiterated that when the main judgment of the
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23 years after his wife’s death, a man walks free as SC sets aside his conviction for abetting her suicide based on ‘speculations’ and ‘inferences’
“The Trial Court and the High Court speculated on the unnatural death and without any evidence concluded only through conjectures, that the appellant is guilty of abetting the suicide of his wife.”
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Booked air tickets during lockdown? Supreme Court orders full refund| Read directions
“We cannot lose sight of the present situation prevailing in the country and across the globe”
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“Financial losses cannot be offset on the weary shoulders of the laboring worker”; SC quashes Gujarat Notification permitting factories to extend work hours & cut overtime
“A worker’s right to life cannot be deemed contingent on the mercy of their employer or the State.”
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Is active involvement in the commission of offence a pre-condition for common intention? SC answers
Supreme Court: The 3-judge bench of RF Nariman, Navin Sinha and Indira Banerjee, JJ has held that it is not necessary that
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Are words “tries an offence” more appropriate than “tries an offender” in section 461(l) CrPC? Here’s what SC says
Supreme Court: The single judge bench of V. Ramasubramanian, J has held that the issue of jurisdiction of a court to try
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