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Supreme Court

This column will list all the case briefs on the decisions of the Supreme Court

Case BriefsSupreme Court

Is amount spent by pharmaceutical companies in gifting freebies to the doctors “business expenditure” under IT Act when act of accepting freebies by doctors is an offence? SC answers

“…the statutory regime requiring that a thing be done in a certain manner, also implies (even in the absence of any express terms), that the other forms of doing it are impermissible.”

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Published on March 23, 2022March 25, 2022By Editor
Leave a comment4284 views
Case BriefsSupreme Court

POCSO| Is investigation of disclosure of victim’s identity permissible without Magistrate’s permission? SC gives split verdict 

Supreme Court: The bench of Indira Banerjee and JK Maheshwari, JJ has given split verdict on the issue as to whether the

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Published on March 22, 2022March 25, 2022By Prachi Bhardwaj
Leave a comment11837 views
Case BriefsSupreme Court

Confiscation of Truck loaded with cow progeny despite acquittal in criminal proceedings amounts to arbitrary deprivation of property 

Supreme Court: In a case where the District Magistrate had directed confiscation of a Truck under the M.P. Prohibition of Cow Slaughter

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Published on March 21, 2022March 25, 2022By Prachi Bhardwaj
Leave a comment4345 views
Case BriefsSupreme Court

Clarification vis-à-vis substantial alteration of commercial agreement; SC considers legality of retrospective application of modifications in agreement

Supreme Court: The Division Bench comprising of Ajay Rastogi* and Abhay S. Oka, JJ., held that a modification changing tariff for inadvertent

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Published on March 21, 2022March 25, 2022By Editor
Leave a comment5481 views
Case BriefsSupreme Court

Explained| Which law to prevail if provisions of Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 are in conflict with the Arbitration and Conciliation Act, 1996? 

Supreme Court: In a case where the bench of Ajay Rastogi and Abhay S. Oka, JJ was deciding an issue relating to

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Published on March 16, 2022March 25, 2022By Prachi Bhardwaj
Leave a comment4769 views
Case BriefsSupreme Court

Murder convict seeks remission of sentence on the ground of being 100% visually impaired. Can disability be a ground for remission? SC answers 

Supreme Court: While addressing the plea of a murder convict seeking remission on the ground of blindness, the Division Bench comprising of

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Published on March 16, 2022March 16, 2022By Editor
Leave a comment4336 views
Case BriefsSupreme Court

SC allows RPSC to go ahead with RAS Mains Exam; Candidates challenging Pre exam result allowed to sit in Mains. Here’s how their result to be declared

Supreme Court: In a breather to the candidates challenging the RAS Pre-examination result, the bench of KM Joseph and Hrishikesh Roy, JJ

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Published on March 16, 2022March 16, 2022By Prachi Bhardwaj
Leave a comment5736 views
Case BriefsSupreme Court

Law on filing false affidavit: Can defaulter get benefit of equity? Read what made the Supreme Court reverse concurrent findings of Courts

“Once an affidavit has been filed which is on the face of it false to the knowledge of the executants, no benefit can be claimed on the ground that delivery of possession was given.”

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Published on March 15, 2022March 17, 2022By Editor
Leave a comment13988 views
Case BriefsSupreme Court

Explained| Compensation under Section 4 of Employee’s Compensation Act, 1923 to be awarded from the date of accident or the date of Commissioner’s order? 

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that as per Section 4A of the Employee’s Compensation

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Published on March 14, 2022March 17, 2022By Prachi Bhardwaj
Leave a comment9408 views
Case BriefsSupreme Court

Interchangeability of unfilled posts of SC/ST category can be done only by the department concerned, not by appointing authority : SC

Supreme Court: The bench of Indidra Banerjee and JK Maheshwari*, JJ the interchangeability of the vacant unfilled posts of SC category may

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Published on March 14, 2022March 14, 2022By Prachi Bhardwaj
Leave a comment7973 views
Case BriefsSupreme Court

Women burdened with an unequal share of family responsibilities yet discriminated at workplace; State must consider family life while framing any policy: SC

Supreme Court: Speaking about the systemic discrimination on account of gender at the workplace which encapsulates the patriarchal construction that permeates all

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Published on March 12, 2022March 17, 2022By Prachi Bhardwaj
Leave a comment4844 views
Case BriefsSupreme Court

Withdrawal of  Inter-Commissionerate Transfers not invalid but Recruitment Rules 2016 may be revisited to accommodate posting of spouses, disabled persons and compassionate grounds: SC

Supreme Court: The bench of Dr. DY Chandrachud* and Vikram Nath, JJ has upheld the Kerala High Court verdict that had held

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Published on March 12, 2022March 17, 2022By Prachi Bhardwaj
Leave a comment6739 views
Case BriefsSupreme Court

OLX Frauds| SC sets aside P&H HC order directing deletion and re-listing of OLX advertisements with proofs

Supreme Court: The 3-judge bench of UU Lalit, S. Ravindra Bhat and PS Narsimha, JJ has set aside the Punjab and Haryana

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Published on March 11, 2022March 17, 2022By Prachi Bhardwaj
Leave a comment5041 views
Case BriefsSupreme Court

Issue of accommodation in a Domestic Violence dispute between husband and wife shall not affect landlord’s right to get possession of his property: SC

Supreme Court: Refusing to interfere with the Delhi High Court verdict, the bench of MR Shah and BV Nagarathna, JJ has held

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Published on March 11, 2022March 11, 2022By Prachi Bhardwaj
Leave a comment6505 views
Case BriefsSupreme Court

Where post import, factum of sale isn’t disputed, no exemption from market fee can be claimed under Karnataka Agricultural Produce Marketing Act of 1966: SC

Supreme Court: The Division Bench comprising of R. Subhash Reddy* and Sanjiv Khanna, JJ., held that where the trader do not dispute

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Published on March 10, 2022March 11, 2022By Editor
1 Comment3596 views
Case BriefsSupreme Court

Can voluntary retiree seek retrospective promotion as a matter of right? SC decides

Supreme Court: The bench of Sanjay Kishan Kaul and MM Sundresh*, JJ has held that a voluntary retiree cannot seek retrospective promotion as

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Published on March 10, 2022March 11, 2022By Prachi Bhardwaj
Leave a comment4176 views
Case BriefsSupreme Court

Promotion cannot be granted retrospectively to give benefit and seniority from the date of notional vacancy: SC

Supreme Court: The bench of Sanjay Kishan Kaul and MM Sundresh*, JJ has observed that a right to promotion and subsequent benefits

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Published on March 9, 2022March 11, 2022By Prachi Bhardwaj
3 Comments26813 views
Case BriefsSupreme Court

“A bus by bus, a mini-bus by mini-bus and not bus by a mini-bus” isn’t a correct way to interpret the expression “same nature”: Supreme Court

Supreme Court: The Division Bench comprising of K.M. Joseph and Pamidighantam Sri Narasimha*, JJ., held that Rule 174(2)(c) of the Kerala Motor

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Published on March 9, 2022March 11, 2022By Editor
Leave a comment5504 views
Case BriefsSupreme Court

‘IBC’s object is not to kill the company’; Builder’s Insolvency Proceedings closed as 82 out of 128 home buyers choose possession over refund/compensation: SC

“If the original applicants and the majority of the home buyers are not permitted to close the CIRP proceedings, it would have a drastic consequence on the home buyers of real estate project.”

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Published on March 8, 2022March 11, 2022By Prachi Bhardwaj
Leave a comment5928 views
Case BriefsSupreme Court

“In a taxing statute, it is the plain language of the provision that has to be preferred”. APMCs  liable to pay service tax under the category of ‘renting of immovable property service’: SC

Supreme Court: In the instant appeals, the Market Committees located in Rajasthan raised their grievance over the decision of CESTAT that respective

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Published on March 8, 2022March 11, 2022By Editor
Leave a comment4139 views

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