Right to Speedy Trial Prevails Over Gravity of Offence; Bail Must Be Considered When Article 21 Infringed: Supreme Court
In the instant case, the petitioner was in jail for almost 4 years, but not a single witness was examined.
Continue readingThis column will list all the case briefs on the decisions of the Supreme Court
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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Supreme Court clarifies that rejection of a jurisdictional plea under Section 16, Arbitration and Conciliation Act, 1996 cannot be challenged under Section 34 at an interim stage and must await the final arbitral award.
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Pawan Khera, who is an office bearer of Congress, addressed two press conferences during Assam Assembly election campaigning, alleging that the Chief Minister’s wife held passports of 3 countries and also possessed assets in Wyoming and Dubai.
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This is yet another occasion for us to reiterate the constitutional and statutory obligation of a “neighbourhood school” to give admission to students forwarded by the State Government without any delay.
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“The Constitution recognises the doctrine of separation of powers; it does not adopt it in its rigid or absolute form. Nonetheless, the functional demarcation between the 3 organs of the State remains fundamental.”
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The Court observed that the absence of competent and effective prosecution and defence not only undermines the fairness of the process but also increases the risk of a disproportionate, unjust, and uninformed sentencing outcome.
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“Neither the FIR nor the impugned order discloses availability of any tangible material to substantiate the allegation that the appellant had conspired in the preparation of the alleged forged Will, or that the registered sale deed dated 18 December 1998 was executed by him with knowledge that the signatures on the Will were forged.”
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“Supreme Court set aside the impugned order granting anticipatory bail to the accused.”
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The matter was brought to notice before the office of Chief Justice of India via letter written by a Supreme Court Advocate on Record, who sought the Court’s urgent intervention in the matter.
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The Court denied the discharge of the company director in a cheque dishonour case wherein the said company was undergoing liquidation.
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The appellant stated that he filled the requisite forms for resolving the tax dispute under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. However, the designated committee rectified Form No. SVLDRS-3 and enhanced the amount payable as tax without any show-cause notice.
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The Court noted that the Panchayat had allowed administrative arrangements to continue for years without challenge, which militated against granting declaratory relief.
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“We wonder how many such currency notes recovered in this type of offences get destroyed as they are not kept at a safe place. It’s a huge revenue loss for the State.”
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“A literal interpretation of Section 9 of the Act would indicate that the right to seek interim relief is available to any party to the arbitration before or during arbitral proceedings or at any time after the award is delivered but before it is enforced in accordance with Section 36 of the Act.”
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Interpreting Rule 10 of Gujarat Civil Services (Discipline and Appeal) Rules, the Court holds that only “further inquiry” is permissible—not a fresh inquiry—quashes High Court ruling, and grants consequential benefits to the appellant.
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The Court clarified that if the Court wants to reject the anticipatory bail, it may do so but the Court has no jurisdiction to say that the petitioner should now surrender.
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A perpetual lease executed in 1945 eventually led to a dispute spanning over 3 decades, revolving primarily over the legal character and appropriate law governing this lease.
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“Section 132, Zamindari Abolition Act, expressly prohibits the conferment of bhumidhari rights in respect of public utility lands, including pasture lands and khalihan.”
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