Examination of a ballistic expert is not an inflexible rule in every case involving use of a lethal weapon: SC
Supreme Court: In a case where deceased had sustained a gun-shot injury with a point of entry and exit, the 3-judge bench
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This column will list all the case briefs on the decisions of the Supreme Court
Notification to exempt land from acquisition under LA Act is not a quasi-judicial order; will not confer any vested rights to the landowner: Supreme Court
“It is trite to point out that an order secured by fraud and misrepresentation will not confer any vested right and that, therefore, the land owners cannot pitch their claim either on the basis of vesting or on the basis of Article 300A.”
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Explained| To constitute a charge under Section 397 IPC, is it necessary to prove that the offender has put the weapon/firearm to “use”?
Supreme Court: The 3-judge bench of NV Ramana, CJI and AS Bopanna* and Hima Kohli, JJ has elaborated on the question as
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“NCLT can encourage settlements, it cannot direct it by acting as courts of equity” SC holds NCLT has limited powers to either admit or reject an application u/s 7(5) of IBC
Supreme Court: The Division Bench comprising of Dr Dhananjaya Y Chandrachud* and A S Bopanna, JJ., held that the powers of NCLT
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Explained| Order dictated in Open Court but not signed: Can it be recalled? When does a judgment really become a judgment?
Supreme Court: In a case where the order was dictated in the court, but had not been signed, the 3-judge bench of
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1273 Complaints from State Bar Councils transferred to BCI in last 5 years: SC unimpressed by COVID-19 Pandemic excuse for non-disposal of complaints; Issues Directions
Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has issued a series of directions after it was brought to
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Dowry Death| Wife goes missing from matrimonial home; body found a week later: Circumstances unerringly point to husband’s guilt despite slipshod investigation, holds SC
Supreme Court: Despite a slipshod investigation in a case, the 3-judge bench of NV Ramana, Surya Kant and Hima Kohli*, JJ has
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Conspiracy and abetment of corruption; SC holds section 13 of Prevention of Corruption Act cannot be invoked against non-public servant
Supreme Court: While dealing with a case of abetment and conspiracy for commission of criminal misconduct by public servant, the Division Bench
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Bank not a trustee of money deposited by Customers; Supreme Court holds the relationship between customer and Bank is one of a creditor and a debtor and not of a trustee
Supreme Court: The 3-Judge Bench of N.V. Ramana, CJ., Surya Kant* and Hima Kohli, JJ., held that the Bank is not the
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Explained| Can more than one consumer institute a complaint under Consumer Protection Act 2019? Why is the definition of “complainant” misleading?
Supreme Court: In a case where it was alleged that more than one consumer cannot institute a complaint unless they come within
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SC looks to curb the menace of fake Compensation Claims under Motor Vehicles Act; impleads Ministry of Transport
Supreme Court: After it was brought to the Court’s notice that several fake claim petitions were being filed for getting compensation under
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“Contempt is between contemner and the Court”; SC cites R.N. Dey’s case to hold aggrieved party has no right to insist that court should exercise contempt jurisdiction
Supreme Court: The Division Bench of R. Subhash Reddy* and Hrishikesh Roy, JJ., held that once the fresh notification is issued by
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Explained| NDPS: Ownership of Vehicle; non-production of contraband, etc – Fatal to the trial or not?
Supreme Court: In a case where, on apprehending the accused, while making search of the motor cycle, 900 gm of smack was
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Disciplinary proceedings against person with mental disability is a facet of indirect discrimination; SC sets aside action against CRPF personnel
“… while the stigma and discrimination against persons with mental health disorders are rampant in society, as the highest constitutional court of the country, it falls upon us to ensure that societal discrimination does not translate into legal discrimination.”
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In a tiff between “mighty Union of India” & “an ordinary soldier”, the soldier wins as SC holds that members of Ecological Task Force also entitled to Disability Pension
Supreme Court: In a case where a soldier, after serving in the Regular Army for 25 years, was re-enrolled in the Infantry
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Whether discrepancies in school records on the basis of which DoB was recorded for admission in matriculation will discredit matriculation certificate for proving juvenility? SC decides
Supreme Court: Upholding the concurrent findings of High Court as well as Sessions Court and Juvenile Justice Board, the Division Bench comprising
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“A prudent insurer has to gauge possible risks”; Insurer can’t repudiate mediclaim alleging pre-existing illness where policy was issued after considering necessary medical records: SC
Supreme Court: The Division Bench of Dhananjaya Y Chandrachud and B.V. Nagarathna*, JJ., held that if on the consideration of the medical
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Allotment of Government Largesse| Discretionary quota inevitably leads to corruption, nepotism, favouritism. Time to do away with it: SC
“The allotment of plots in the discretionary quota cannot be at the whims of the persons in power.”
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Compassionate Appointment| Applicability of Scheme in force on date of employee’s death OR date of consideration of the application? SC resolves the conflict
“A rule of interpretation which produces different results, depending upon what the individuals do or do not do, is inconceivable.”
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No borrower can claim benefit of One Time Settlement Scheme as a right; Can’t encourage dishonest borrowers: SC
“If it is held that the borrower can still, as a matter of right, pray for benefit under the OTS Scheme, in that case, it would be giving a premium to a dishonest borrower.”
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