Supreme Court Archives

High Court cannot dismiss second appeal in limine without assigning any reasons: SC

“Giving reasons for the conclusion is necessary as it helps the adversely affected party to understand why his submissions were not accepted.”

Case Briefs Supreme Court

Criminal Justice| ‘Practically difficult to achieve absolute consistency in sentencing’ but here’s what the Courts should do: SC

Supreme Court: Explaining the principles of sentencing policy, the 3-judge bench of NV Ramana, CJ and Surya Kant* and AS Bopanna, JJ

Case Briefs Supreme Court

Explained| Is ‘motive’ an indispensable ingredient for proving the charge of attempt to murder?

“Unearthing ‘motive’ is akin to an exercise of manual brain-mapping. At times, it becomes herculean task to ascertain the traces of a ‘motive’.”

Case Briefs Supreme Court

‘Project Proponent not expected to anticipate changes in Environmental Clearance regimes’; SC protects already constructed buildings by Pune Developer

Supreme Court: In a case where a Project Proponent had adhered to the applicable legal framework for Environmental Clearance (EC) during the

Case Briefs Supreme Court

SC relief to death row convicts who killed 8 members of their brother’s family over property dispute; To serve LI for 30 years

“There is a bounden duty cast on the Courts to elicit information of all the relevant factors and consider those regarding the possibility of reformation, even if the accused remains silent.”

Case Briefs Supreme Court

‘General phraseology of a contract cannot constitute agreement to apply statutory amendments retrospectively’; SC holds contractual clauses cannot run contrary to legislative intent

Supreme Court: The Division Bench of Sanjay Kishan Kaul and M.M. Sundresh, JJ., held that a generally worded clause of a contract

Case Briefs Supreme Court

Explained| Article 14: Under-inclusive and over-inclusive classification

Supreme Court: The bench of Dr. DY Chandrachud* and AS Bopanna, JJ while upholding the constitutionality of the Scheme formulated by the

Case Briefs Supreme Court

Here’s why Supreme Court upheld Tamil Nadu’s loan waiver Scheme for small and marginal farmers

The percentage distribution of the indebted agricultural households depicted the poverty that envelops the class of small and marginal farmers.

Case Briefs Supreme Court

Contractual bar on interest doesn’t only bar the parities from claiming it but also the Arbitrator from awarding it: SC

“Once the contractor agrees that he shall not be entitled to interest on the amounts payable under the contract, including the interest upon the earnest money and the security deposit, the arbitrator in the arbitration proceedings being the creature of the contract has no power to award interest”

Case Briefs Supreme Court

Explained| Does Chennai City Tenants Protection Act, 1921 protects tenants who have sub-let or given the building to third parties?

Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ has reiterated the position that the tenants would not be

Case Briefs Supreme Court

Disinvesting of Hindustan Zinc Ltd.; SC smells irregularities in bidding process, directs full-fledged CBI enquiry in the matter

“There is a trend of poorly pleaded public interest litigations being filed instantly following a disclosure in the media, with a conscious intention to obtain a dismissal from the Court and preclude genuine litigants from approaching the Court in public interest.”

Case Briefs Supreme Court

Land Acquisition| Right under Section 5A of 1894 Act to stave off compulsory acquisition cannot be unjustifiably extinguished: SC

Supreme Court: In a case where the inquiry under Section 5A of the Land Acquisition Act, 1894 was dispensed with despite there

Case Briefs Supreme Court

NEET| “Behind abstract number of ‘15 lakh students’ lie human lives”; SC asks NTA to rectify injustice caused to a “one-off” PwBD student

“Education plays a key role in social and economic inclusion and effective participation in society. Inclusive education is indispensable for ensuring universal and non-discriminatory access to education.”

Case Briefs Supreme Court

Explained| Motor Accident Claims: Deceased not earning at the time of death – Can heirs claim future prospect/future rise in income?

“To have the perception that he is likely to remain static and his income to remain stagnant is contrary to the fundamental concept of human attitude which always intends to live with dynamism and move and change with the time.”

Case Briefs Supreme Court

Section 138 NI Act| Can’t defeat the complaint merely because it does not elaborate upon Managing Director’s authorisation: SC

Supreme Court: In a case relating to dishonour of cheques where it was alleged that the complaint was filed by the managing

Case Briefs Supreme Court

Explained| Scope of Civil Court’s jurisdiction despite bar under Section 25 of Punjab Security of Land Tenures Act

Supreme Court: Deciding the ambit of the bar of jurisdiction under Section 25 of the Punjab Security of Land Tenures Act, 1953

Case Briefs Supreme Court

POCSO| “Touch”, “physical contact” can’t be restricted to “skin to skin contact”; “sexual intent” is the key. SC reverses Bombay HC’s “dangerous precedent”

“The reasoning in the High Court’s judgment quite insensitively trivializes – indeed legitimizes – an entire range of unacceptable behaviour which undermines a child’s dignity and autonomy, through unwanted intrusions.”