Supreme Court Archives | Page 104 of 177

No sexual assault if no ‘skin to skin’ contact? Supreme Court stays Bombay High Court’s “dangerous precedent” on POCSO Act

Attorney General for India K. K. Venugopal brought to the Court’s notice that the Nagpur Bench of Bombay High Court has passed a judgment dated 19.01.2021 is likely to set “a dangerous precedent”.

Case Briefs Supreme Court

“Right to property is still a constitutional right under Article 300A of the Constitution”; SC reminds in a case where State took possession of surplus land in absence of surplus land

“Right to property is still a constitutional right under Article 300A of the Constitution of India though not a fundamental right. The deprivation of the right can only be in accordance with the procedure established by law.”

Case Briefs Supreme Court

Failure to make an enquiry before dismissal or discharge of a workman can be justified by leading evidence before the Labour Court: SC clarifies

Supreme Court: The 3-judge bench of L. Nageswara Rao, Navin Sinha and Indu Malhotra* has set aside the impugned judgment of Uttaranchal

Case Briefs Supreme Court

Is segmentation permissible for National Highway projects beyond a distance of 100 kms? MoEF&CC’s Expert Committee to examine, directs SC

Adoption of segmentation of a project cannot be adopted as a strategy to avoid environmental clearance impact assessment.

Case Briefs Supreme Court

S. 6 of Probation of Offenders Act, 1958 is mandatory in nature, which acts as an injunction for Courts to follow; Supreme Court clarifies legal position

Supreme Court: The Division Bench of Sanjay Kishan Kaul* and Hrishikesh Roy, JJ., has observed that Section 6 of Probation of Offenders

Case Briefs Supreme Court

SC allows video conferencing in matrimonial matter, though not as a matter of course

Supreme Court: The 3-Judge Bench of S.A. Bobde, CJ and L. Nageswara Rao and Vineet Saran, JJ., dismissed a review petition while

Case Briefs Supreme Court

Succour to rape survivor whose identity was disclosed by media, SC Directs free education for minor children, house under PMAY

Supreme Court: The 3-Judge Bench of Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ., issued directions in a case wherein a

Case Briefs Supreme Court

Upheld, albeit with directions. Why was IBC (Amendment) Act, 2020 challenged? What prompted SC to invoke Art. 142? Read comprehensive point-wise analysis of the 465-pages judgment

Supreme Court: The 3-Judge Bench of Rohinton Fali Nariman, Navin Sinha and K.M. Joseph, JJ., in a 465-pages long judgment, upheld the

Case Briefs Supreme Court

“Sale agreement does not remain a stand-alone document if it is mentioned in the disputed Will, and obligations thereunder are purportedly passed on to the legatee”; SC restores findings of Trial Court

Supreme Court: The 3-judge bench of Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy, JJ., has set aside the order of High

Case Briefs Supreme Court

SC | Wilful disobedience or Wilful breach: Are these necessary requisites for bringing in action for ‘Civil Contempt’? Read on

Supreme Court: B.R. Gavai, J., while addressing a contempt petition expressed that: “…contempt proceeding is not like an execution proceeding under the

Case Briefs Supreme Court

Nothing arbitrary with J&K High Court Chief Justice choosing to regulate the manner of exercise of his own power to relax qualifications: Supreme Court

Supreme Court: The 3-judge bench of SA Bobde, CJ and AS Bopanna and V. Ramasubramanian*, JJ has set aside the order of

Case Briefs Supreme Court

“In lieu of the 29 tender trees to be cut, we have planted 300 trees of different species”; SC allows IIMC, JNU to remove 29 small trees to construct new buildings for academic block

Supreme Court: The 3-Judge Bench of SA Bobde, CJ and AS Bopanna and V. Ramasubramanian, JJ allowed the instant application seeking permission

Case Briefs Supreme Court

“Already dismissed from service on being convicted”; Supreme Court reduced quantum of sentence of 70 years old appellant, convicted under Prevention of Corruption Act

Supreme Court: In a case relating to Prevention of Corruption Act, the 3-judge bench of Ashok Bhushan, R. Subhash Reddy and M.R.

Case Briefs Supreme Court

“Unless there are any specific reasons for not opening, all Anganwadi Centres beyond the containment zones should be made functional by all the States/Union Territories at an early date”; SC directs

“Children are the future of our country and if there is some stinginess in providing them with adequate nutrition, the country as a whole is deprived in future of taking the benefit of their potential.”

Case Briefs Supreme Court

“Open surface water resources including rivers are lifeline of human civilization”; SC directs Central Pollution Control Board to submit a priority-wise list of Municipalities, along the river Yamuna which have been found to be most polluted

Supreme Court: In a case regarding increased ammonia levels in river Yamuna due to discharge of pollutants, the 3-judge bench of SA

Case Briefs Supreme Court

Whether the arbitral process could be interfered under Article 226/227 of the Constitution, and under what circumstance? Supreme Court explains

“If the Courts are allowed to interfere with the arbitral process beyond the ambit of the enactment, then the efficiency of the process will be diminished.”

Supreme Court

Does non-payment of stamp duty in a commercial contract invalidate the arbitration clause? Issue referred to the Constitutional bench to decide

Supreme Court: The three-judge bench comprising DY Chandrachud, Indira Banerjee and Indu Malhotra, JJ. has observed that non-payment of stamp duty in

Case Briefs Supreme Court

Farm Laws | “Court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment”; Supreme Court stays implementation of Farm Laws

Supreme Court: The 3-Judge Bench of S.A. Bobde, CJ and A.S. Bopanna and V. Ramasubramanian, JJ., stays the implementation of farms laws

Case Briefs Supreme Court

One-Sided and Unreasonable Clauses in Apartment Buyer’s Agreement & Unfair Trade Practice: Read SC’s verdict

Supreme Court: The 3-Judge Bench of Dr Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee, JJ., observed that “Developer cannot compel the

Case Briefs Supreme Court

Penal rent can be levied & adjusted against the dues payable including gratuity if an employee occupies a quarter beyond the specified period: SC

The observation came in a case where a SAIL employee had retained a quarter after his retirement due to non-payment of retiral benefits.