Supreme Court

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

Supreme Court directives on public prosecutors
Case BriefsSupreme Court

“The right of the accused to defend himself in a criminal trial is guaranteed by Article 21 of the Constitution of India. He is entitled to a fair trial. But if effective legal aid is not made available to an accused who is unable to engage an advocate, it will amount to infringement of his fundamental rights guaranteed by Article 21”

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presumption under Sec. 20 PCA
Case BriefsSupreme Court

“But, when the fact of receipt of payment or an agreement to receive the gratification stands proved, there is a clear case of nexus or corroboration and the presumption itself is irrelevant. Section 20 gets attracted when it is proved that the public servant has accepted or agreed to accept any gratification other than legal remuneration and, in that case, presumption is that it is the motive or reward for any of the acts covered under Section 7, 11 or 13(1)(b) of the Act.”

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Registration of sale certificate
Case BriefsSupreme Court

“Mere filing under Section 89(4) of the Registration Act itself is sufficient when a copy of the sale certificate is forwarded by the authorised officer to the registering authority. As long as the sale certificate remains as it is, it is not compulsorily registrable. It is only when the auction purchaser uses the certificate for some other purpose that the requirement of payment of stamp duty, etc. would arise.”

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outsourced employee experience marks
Case BriefsSupreme Court

“The true thrust of every selection process ought to be to find out and select suitable candidates, having experience in the related work and fulfilling other criteria, from among eligible candidates and to go ahead with appointing the more meritorious of those found suitable”.

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S. 14 of Hindu Succession Act
Case BriefsSupreme Court

“Hindu Women’s right to maintenance is not by virtue of any statute, but is found in Shastric Hindu law; maintenance has to be proper, appropriate and adequate, giving the woman so maintained the ability to continue to live the life, similar to what she once lived.”

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Hyderabad land allotment policy
Case BriefsSupreme Court

“Government servants, elected legislators, Judges in the Supreme Court and High Court, and prominent journalists do not belong to the “weaker” or per se deserving sections of our society, warranting special State reservations to land allotment.”

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socialist secular 42nd constitutional amendment preamble
Case BriefsSupreme Court

The Court said that addition of ‘socialist’ and ‘secular’ to the Preamble have not restricted or impeded legislations or policies pursued by elected governments and the constitutional position remains unambiguous, negating the need for a detailed academic pronouncement.

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NOIDA Special Economic Zone Authority
Case BriefsSupreme Court

The claims pertaining to the transfer fees, etc., cannot be dealt with by courts or tribunals as the same relates to the commercial wisdom of the Committee of Creditors for they are the best persons to determine their interests, and any such interference is non-justiciable except as provided by Section 30(2) of IBC 2016.

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