Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“Even after 75 years of the existence of the Constitution, the law enforcement machinery of the State is either ignorant or does not care for one of the most important fundamental rights conferred on the citizens of India under Article 19 (1)(a) of the Constitution”.
Continue reading
Counsel for the appellant argued that allegations in the FIR do not constitute any offence. If any averment made in the written statement or the affidavit filed before the Civil Court is incorrect or false, it is for the Civil Court to decide the same.
Continue reading
Supreme Court pointed out that the provisions of the Senior Citizens Act, nowhere specifically provides for drawing proceedings for eviction of persons from any premises owned or belonging to such a senior person.
Continue reading
Supreme Court found no logic or rationale behind excluding candidates holding Master’s or Doctorate degrees in these subjects from claiming the post of FSO, as such an interpretation would have been unjust, arbitrary, and unconstitutional.
Continue reading
“Merely because the witnesses are relatives of the deceased, and as such are interested witnesses, that alone cannot be a ground to discard their testimony. The only requirement is that the testimony of such witnesses has to be scrutinized with greater caution and circumspection.”
Continue reading
“Considering the pendency of very old criminal appeals, priority is usually given to the hearing of the appeals where the accused are in prison. The appeals against conviction where the accused are on bail take a backseat”.
Continue reading
“There was no promise of marriage to coerce consent from the complainant for sexual intercourse.”
Continue reading
Referring to relevant reports and studies, Supreme Court pointed out that the number of student suicides has now surpassed suicides committed by farmers due to agrarian distress, with a four percent rise in 2024 alone.
Continue reading
“Prima facie, even after the proposal to pay Rs. 50 lakhs to the family of the deceased were approved by the Chief Secretary, this decision has not been honored, and the family has been engaged in litigation for over nine years.”
Continue reading
“In cases of group clashes where a large number of persons are involved, an onerous duty is cast upon the Courts to ensure that no innocent bystander is convicted and deprived of his liberty.”
Continue reading
While considering the petition, the Court took note of Article 6 of United Nations Commission on International Trade Law Arbitration (UNCITRAL) Rules, 2021 which deal with “Designating and appointing authorities”.
Continue reading
The Court also refused to issue a blanket direction restraining the registration of FIRs against him or mandating a preliminary inquiry in all future cases involving him, opining that such a direction would not only be contrary to the statutory framework of the CrPC but would also amount to judicial overreach.
Continue reading
“Our country has done wonders in digital payment transactions. It is a matter of common knowledge that now under various schemes of the Government, funds are transferred to the beneficiaries directly in their bank accounts. As per the rough estimate, about 80% of the adult population in the country have bank accounts.”
Continue reading
“In this case, the procedural safeguards were completely disregarded. The Special Court refrained from explicitly stating or declaring that this amounted to an abuse of power and authority. It was indeed a sad reflection on how the investigation and trial unfolded, where truth and justice, for both the victims and the accused, remained elusive. It was not without reason that such draconian provisions have since been repealed”
Continue reading
Supreme Court said that the High Court overlooked the fact that the Trial Court could not have recorded the settlement, and this was a suitable case for the High Court to exercise its jurisdiction under Section 482 CrPC to quash the proceedings. As a result, the parties were unnecessarily compelled to approach this Court.
Continue reading
Supreme Court, without delving into the merits of the rival claims, set aside the impugned order on the limited ground of lack of jurisdiction and ordered a remand. Consequently, the writ petition was revived and placed back on the file of the High Court.
Continue reading
“A right of an Advocate to appear for a party and to practice in the Courts is coupled with the duty to remain present in the Court at the time of hearing, and to participate and conduct the proceedings diligently, sincerely, honestly and to the best of his ability. Rights and duties are two sides of the same coin, and they are inherently connected with each other.”
Continue reading
The immunity granted by the moratorium order issued under Section 14 of the IBC can only be obtained by a corporate debtor and not by a natural person such as the present accused, who was the Director of the corporate debtor.
Continue reading
“There is a need for “Sustainable Development” harmonising and striking a golden balance between the right to development and the right to clean environment”.
Continue reading
“Some disgruntled residents of Auroville, instead of cooperating the Governing Board of the Foundation in the implementation of the said legally approved Master Plan and in carrying out the development work of Auroville as per the said Master Plan envisioned by the “Mother,” started causing obstructions by filing the Petitions in the Madras High Court one after the other, dragging the Foundation into unnecessary litigations.”
Continue reading