Case BriefsSupreme Court

Explaining the scope of the territorial jurisdiction of Special Court under the Prevention of Money-laundering Act, 2002, the bench of V Ramasubramanian and JB Pardiwala, JJ also held that the trial of the scheduled offence should follow the trial of the offence of money-laundering and not vice versa.

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Case BriefsSupreme Court

The Union of India had approached the Supreme Court in 2010 for enhancement of compensation for Bhopal Gas Tragedy victims through a Curative Petition based on different data recorded by the Courts and actual figures submitted by Union of India in the estimated number of deaths, injuries, expenditure incurred, etc. The Constitution Bench has reserved the verdict on 12-01.2023.

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Case BriefsSupreme Court

Supreme Court dismissed the petitions filed by lawyers from Madras HC alleging that Gowri is disqualified from being appointed a judge of a Constitutional Court, as there was no fruitful consultation between the executive and the collegium regarding her antecedents that could reveal her biasness against the minorities in the country.

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Case BriefsSupreme Court

The 3-judges Bench of Supreme Court has stayed the impugned order of the Kerala High Court whereby the High Court had asked DLSA to record statements of the detenu and make her undergo counselling. Allegedly, the woman has been kept in illegal detention by her parents.

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Case BriefsSupreme Court

Supreme Court reiterated that in terms of Section 4, an appeal cannot be filed before a High Court without court fee, if the same is prescribed. But this provision must be read along with Section 149 of CPC.

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Case BriefsSupreme Court

The Constitution bench considered a question of law : whether the instrument was duly stamped or not, was not only contrary to the plain language of Section 11(6A) of the Arbitration Act, but also wholly defeated the legislative intention of the Arbitration and Conciliation (Amendment) Act, 2015, and puts a spoke in the wheel of conduct of the arbitration process at its very inception.

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Case BriefsSupreme Court

Supreme Court refused to entertain a plea moved by the consortium and upheld the National Company Law Appellate Tribunal’s order directing the consortium to pay the provident fund and gratuity dues of the employees of Jet Airways

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Case BriefsSupreme Court

The woman lost her father during the Covid-19 pandemic and her mother is unwell. She also has a married sister, 10 years older to her. However, all of them showed their inability to raise the child.

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Case BriefsSupreme Court

The Court was deciding the case where the ex-employees of Maharashtra State Financial Corporation had challenged decision denying the benefit of revision of pay scales, as recommended by the Fifth Pay Commission, to the employees who had retired or died during the period of 01.01.2006 to 29.03.2010.

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Case BriefsSupreme Court

The Supreme Court observed that availability of an alternative remedy does not operate as an absolute bar to the “maintainability” of a writ petition and that the rule, which requires a party to pursue the alternative remedy provided by a statute, is a rule of policy, convenience and discretion rather than a rule of law.

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Case BriefsSupreme CourtSupreme Court (Constitution Benches)

5-Judge Constitution Bench in a miscellaneous application filed to seek modifications of guidelines prescribed in 2018 Euthanasia Judgment, viewed that the guidelines need modifications. Thus, simplified the process for passive euthanasia.

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Section 138 NI Act| Conviction cannot be confirmed once parties enter into MoU for amicable settlement of dispute: Supreme Court
Case BriefsSupreme Court

The Supreme Court observed that such settlement is nothing but a compounding of the offence and hence, the Court cannot override such compounding and impose its will.

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Case BriefsSupreme Court

The Supreme Court considered subsequent development since 1994 as well as the Central Government’s stand while passing the instant order allowing Purse Siene Fishing, keeping the previous decisions of the Court open for deeper consideration.

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Case BriefsSupreme Court

The observation of the Supreme Court came in a case where the deposition of the prosecutrix was recorded by the trial court in English language though she had deposed in her vernacular language.

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Case BriefsSupreme Court

The Supreme Court observed that the prosecutrix had betrayed her husband and three children by having relationship with the accused during the subsistence of her marriage and had continued to live with the accused even after finding out that he was a married man having children.

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Case BriefsSupreme Court

The Supreme Court upheld the conviction order passed by Chhattisgarh High Court, and further held that a lapse of time in death would not per se constitute a determinative factor as to diminish the offender’s liability from the offence of murder to that of culpable homicide, not amounting to murder.

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Case BriefsSupreme Court

It was observed that judicial discipline required that once the conviction was confirmed by the Supreme Court that too after hearing the accused, the High Court should not have thereafter made any comment on the merits of the case.

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Murder convicts in a 37-year-old case to walk free after Supreme Court gives them benefit of doubt
Case BriefsSupreme Court

Supreme Court held that the charge that the convicts had committed murder was not proved beyond reasonable doubt; hence, they were and are entitled to the benefit of doubt. Thus, it set aside the Trial Court and Allahabad High Court's judgment and order and acquitted the convicts.

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IBC| Inconsistent position taken in the Vidarbha Industries verdict? Supreme Court issues notice
Case BriefsSupreme Court

The petitioner alleged that the National Company Law Appellate Tribunal had relied upon the decision of Vidarbha Industries, which even though was clarified in review petition of Axis Bank but was still contrary to the settled position in law laid down in Innoventive Industries. Tushar Mehta, Solicitor General contended that the principle enunciated in Vidarbha Industries would be liable to dilute the substratum of the Code.

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Case BriefsSupreme Court

Upholding the Karnataka High Court order, the Supreme Court held that the Karnataka High Court has not committed any error in permitting the respondents to file affidavits/additional evidence in the proceedings under Section 34 of the Arbitration Act. However, permitted the appellant to cross-examine and/or produce contrary evidence.

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