5-year-old raped, killed, thrown into a stream: SC commutes death sentence to life imprisonment
Supreme Court: In a case where a death row convict subjected a 5-year-old girl to rape, killed her by strangulation, and then
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This column will list all the case briefs on the decisions of the Supreme Court
SC allows sand mining in Bihar; says total ban gives rise to illegal mining; causes huge loss to public exchequer
“When legal mining is banned, it gives rise to mushroom growth of illegal mining, resulting into clashes between sand mafias, criminalization and at times, loss of human lives.”
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[Military Services] “Much water has flown in the Ganges”; SC expresses dismay over appointments made from 1983 select panel after a lapse of 4-5 years
“No one has questioned their appointments…more than 34 years have rolled by and much water has flown in the Ganges and persons have later promoted to their promotional posts and few of them have retired.”
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Land Acquisition| Applying 2-year limitation period as per Section 11A of 1894 Act for passing award in pending cases under Section 24(1)(a) of the 2013 Act impractical: SC
Supreme Court: In an important ruling on Land Acquisition and Requisition law, the bench of AM Khanwilkar and Sanjiv Khanna*, JJ has
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Not wise to shift burden of proof on accused merely because of rampant increase in henious crimes; SC acquits man in a 2009 dacoity case
“The acquittal of a guilty person constitutes a miscarriage of justice just as much as the conviction of the innocent.”
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SC not pleased with Raj HC granting bail merely by “keeping in view the facts and circumstances of the case”; says Courts must record reasons
Supreme Court: In a case where Rajasthan High Court had granted bail by merely “keeping in view the facts and circumstances of
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Explained| Jurisdiction under Waqf Act, 1995: Civil Court versus Tribunal
“To say that the Tribunal will have jurisdiction only if the subject property is disputed to be a waqf property and not if it is admitted to be a waqf property, is indigestible in the teeth of Section 83(1) of the Waqf Act.”
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Mere renumbering of case file by the NIA Mumbai does not take away power of the ATS to continue investigation; SC affirms HC’s decision in Bombay bomb blast conspiracy case
“Mere receipt and recording of such information (through an FIR) by itself does not mean that the investigation has also commenced. Rather, the investigation commences when the police takes the first step (of proceeding to the spot or collecting evidence or speaking to a witness or arresting the accused person) on the basis of such information.”
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Explained| Same offence but separate trials – Can appellate court pass common judgment based on evidence recorded in only one trial?
Supreme Court: In the case where two different criminal appeals were being heard against two sets of accused, on account of one
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Can service rendered in Central and State government be considered a single block of pensionable service by condoning the break period between two services? SC answers
Supreme Court: The Division Bench of M.R. Shah and A.S. Bopanna*, JJ., condoned the non pensionable sandwiched period between pensionable services rendered
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Some out of five accused abscond; remaining can still be tried for dacoity: Supreme Court
Supreme Court: In a case where two accused absconded and hence, the trial was split and three accused came to be tried
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National Security Act| Delay in considering representation; non-communication of rejection strike at the heart of fundamental rights of detenu: SC
“Preventive detention in independent India is to be exercised with utmost regard to constitutional safeguards.”
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Explained| What invalidates surrender of tenancy under the Andhra Pradesh Tenancy (Andhra Area) Act, 1956?
Supreme Court: Interpreting the provisions of the Andhra Pradesh Tenancy (Andhra Area) Act, 1956, the bench of UU Lalit and S. Ravindra
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UAPA| ‘Mere association with a terrorist organisation not enough’. SC grants bail to 2 Kerala men booked over Maoist links
Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has granted bail to Thwaha Fasal and Allan Shuaib, booked
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Explained| Section 263 of Income Tax Act: Date of order or receipt of order – When does the limitation clock starts ticking?
Supreme Court: Interpreting Section 263(2) of the Income Tax Act, 1961, the bench of MR Shah* and AS Bopanna, JJ has held that receipt
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Karnataka High Court calls person committing suicide a ‘weakling’! Don’t diminish the gravity of mental health issues, says SC
“How an individual copes up with a threat- both physical and emotional, expressing (or refraining to express) love, loss, sorrow and happiness, varies greatly in view of the multi-faceted nature of the human mind and emotions.”
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Section 138 of NI Act| No hard and fast rule that a cheque issued as security can never be presented by drawee: Supreme Court
“A cheque issued as security pursuant to a financial transaction cannot be considered as a worthless piece of paper under every circumstance.”
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‘All we want to do is give a last chance to him!’ Supreme Court temporarily restores Yatin Oza’s Senior Advocate designation for two years
Supreme Court: The bench of Sanjay Kishan Kaul* and R. Subhash Reddy, JJ has temporarily restored the senior designation of Advocate Yatin
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Pupil-teacher ratio for special schools; special teachers for Children with Special Needs in general schools: Here’s SC’s stopgap arrangement till Centre notifies norms
Supreme Court: The 3-judge bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar, JJ has directed the Central Government to notify the
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MV Act| Tribunals, Courts must recognize actual needs; award just compensation to help restore dignity of claimant with permanent disability: SC
Supreme Court: Reminding the Courts that the Motor Vehicles Act is in the nature of social welfare legislation and its provisions make
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