Supreme Court Archives

“Voluntary retirement v/s Resignation”; Supreme Court cogitates technicalities of legal terms and their implication in Armed Forces

“Having tendered ‘resignation’, the respondent had to suffer the consequences and could not be permitted to take ‘U’ turn and say that what the respondent wanted was ‘premature retirement’ and not ‘resignation’.”

Case Briefs Supreme Court

Reprimand for indiscipline does not amount to abetment of suicide of a “hypersensitive” student: SC

‘Spare the rod and spoil the child’ an old saying may have lost its relevance in present days and Corporal punishment to the child is not recognised by law but that does not mean that a teacher or school authorities have to shut their eyes to any indiscipline act of a student.

Case Briefs Supreme Court

Dowry Death| Absconding mother-in-law’s alleged ‘key role’ not at par with deceased’s brother-in-law. Bail cancelled: Supreme Court

The Investigating Agency, deserves a free hand to investigate the role of the Respondent-Mother-in-law, if any, in the unnatural and untimely death of her daughter in-law.

Case Briefs Supreme Court

Explained| Can arbitrator grant pendente lite interest if contract expressly bars payment of interest?

Supreme Court: The bench of SA Nazeer* and Krishna Murari, JJ has held that if the contract contains a specific clause which

Case Briefs Supreme Court

Whether registration of family settlement not “affecting” immovable property compulsory? Supreme Court decides admissibility of such settlement as evidence

“If the Khararunama by itself, does not ‘affect’ immovable property… there would be no breach of Section 49(1)(c), as it is not being used as evidence of a transaction effecting such property.”

Case Briefs Supreme Court

Dismissal of SLP by reasoned order would not attract doctrine of merger but will be binding on all courts/tribunals in India

Supreme Court: Explaining the doctrine of merger in case of dismissal of Special Leave Petitions (SLPs), the bench of L. Nageswara Rao

Case Briefs Supreme Court

Explained| “A very strange provision”: Section 85A of the Maharashtra Tenancy and Agricultural Lands Act, 1948

Supreme Court: The bench of Hemant Gupta and V. Ramasubramanian, JJ has explained the scope of a “very strange provision” under Section

Case Briefs Supreme Court

Explained| Can, in a declaratory suit, plaintiff be subjected to DNA test against his will?

“Indian law leans towards legitimacy and frowns upon bastardy. The presumption in law of legitimacy of a child cannot be lightly repelled.”

Case Briefs Supreme Court

Is Irrigation Department a factory? Will it be governed by Industrial Disputes Act? Supreme Court analyses

“Overall activities and functions of the Irrigation Department would have to be considered while deciding the question whether it is carrying on manufacturing activities.”

Case Briefs Supreme Court

Supreme Court sets aside Allahabad HC’s decision declaring Regulation 101 framed under Intermediate Education Act unconstitutional

“It is clear that recruitment by way of “Outsourcing” may have its own deficiencies and pit falls, however, a decision to take “Outsourcing” cannot be declared as ultra vires of the constitution on the basis of mere presumption and assumption.”

Case Briefs Supreme Court

‘You are throwing mud at all and sundry but we refuse to back off’; Supreme Court holds Suraz India Trust Chairman guilty of contempt

“Such litigants cannot be permitted to have their way only because they can plead and write anything they feel like and keep on approbating by sometimes apologising and then again bringing forth those allegations.”

Case Briefs Supreme Court

Supreme Court on ‘Bogus Donations’ made to Trust: Delves to know whether registration under S. 12AA of Income Tax Act was being misused or not

Supreme Court of India: Noting the donations being made to the Trust to be ‘bogus donations’ Bench of Uday Umesh Lalit and

Case Briefs Supreme Court

‘Labour Court’s decision should not be based on mere hypothesis’; SC upholds bank employee’s dismissal in a 33 year old case

“Judicial discretion, it is trite, cannot be exercised either whimsically or capriciously. It may scrutinize or analyse the evidence but what is important is how it does so.”

Case Briefs Supreme Court

Judicial craft entered the forbidden domain of legislative draft; SC sets aside Madras HC’s attempt to re-write Rule 29(4) of Copyright Rules

“Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute.”

Case Briefs Supreme Court

Explained| Law on grant on bail in NDPS cases

Supreme Court: The bench of Dr. DY Chandrachud* and BV Nagarathna, JJ has elaborately discussed the principles governing the grant of bail,

Case Briefs Supreme Court

Retrospective seniority from a date when employee was not even borne in service? A big no, holds Supreme Court

Supreme Court: The bench of R. Subhash Reddy and Hrishikesh Roy*, JJ has held that retrospective seniority cannot be claimed from a

Case Briefs Supreme Court

Explained| Can Chairman, Directors, Managers, etc. be automatically summoned in a criminal case involving the company?

Summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion as a matter of course.

Case Briefs Supreme Court

Mutation entry doesn’t confer any right, title or interest in favour of person and the objective is only for fiscal purpose: Supreme Court

Supreme Court of India: Observing the well-settled position of law that, Mutation Entry does not confer any right, title or interest in

Case Briefs Supreme Court

Bail| Man with serious allegations against him cannot claim parity with a woman jailed with an infant: Supreme Court

Supreme Court: In a case where a man was allegedly murdered by his wife and colleague, the bench of Dr. DY Chandrachud*

Case Briefs Supreme Court

Compromise cannot be taken to be a solitary basis for reduction of sentence: Supreme Court

In a case where a compromise was reached between parties, 28 years after an incident left the victim crippled for life, the Court said that such a brutality cannot be ignored which is not against the individual but the crime is against the society which has to be dealt with sternly.