Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The Court opined that the appellant was entitled to a level of maintenance that is reflective of the standard of living she enjoyed during the marriage, and which reasonably secures her future.
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“The State cannot have any objection to the accused and his wife residing together inasmuch as they have been married as per the wishes to their respective parents and families.”
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The lawyer was convicted by the Trial Court and sentenced to 18 months of simple imprisonment under Section 509 of the Penal Code, 1860 for outraging the modesty of a woman.
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The right to close down a business is an essential part of the fundamental right to carry on any occupation, trade or business under Article 19(1)(g) of the Constitution.
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The High Court in direct contravention of the Selvi v. State of Karnataka, (2010) 7 SCC 263 accepted the submission of the Sub-Divisional Police Officer, Mahua, that she would conduct narco-analysis test of all the accused persons and other witnesses, during the investigation.
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“Even the Police are under an obligation to carry out a fair investigation. This is a crucial aspect of fairness. The objective of the investigation is to ensure that the real culprits are brought to justice. The legal system must ensure that an innocent person is not punished.”
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“The subsequent acts of cleaning up the crime scene and making false enquiries amount to disappearance of evidence and raise grave suspicion against the convict. However, mere suspicion, no matter how grave, cannot take the place of proof in a criminal trial”.
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The applicant had raised concerns related to excess crowds at Trinetra Ganesh Temple; illegal mining and commercial constructions and lack of conservation, thereby affecting the delicate ecology of Ranthambore Tiger Reserve.
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Vijaya Bank while issuing the appointment letter to the respondent, included a restrictive covenant carrying an indemnity clause, wherein the respondent had to pay the Bank if he leaves the service before completion of 3 years.
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“If a person is arrested on a warrant, the grounds for reasons for the arrest is the warrant itself; if the warrant is read over to him, that is sufficient compliance with the requirement that he should be informed of the grounds for his arrest.”
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“The consent of the complainant as defined under section 90 IPC cannot be said to have been obtained under a misconception of fact. There is no material to substantiate “inducement or misrepresentation” on the part of the accused to secure consent for sexual relations without having any intention of fulfilling said promise”.
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The Court opined that the chats depicted the stark reality about the behavioural pattern of the complainant who appeared to be having manipulative and vindictive tendency.
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Supreme Court directs National Board of Examinations (NBE) to ensure uniform NEET-PG 2025 by holding exam in single shift.
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The modern architectural techniques have progressed by leaps and bounds, the new construction materials and techniques can be employed to construct a verandah in front of Court Room No. 1 exactly identical to the one which is existing in front of Court Room Nos. 2 to 9 without disturbing the aesthetic value of the main structure and without requiring any kind of modification/alteration in the main structure.
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“The instant matter arises from a series of encounters reported in the State of Assam, the authenticity of which has been called into question on various counts. At the heart of these proceedings lie concerns that straddle the delicate boundary between the imperatives of law enforcement and the inviolable guarantees of life and personal liberty enshrined in our Constitution”.
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The Trial Court hadn’t given any separate sentence to the convict under Sections 376(3), 377, 506 of the IPC and Section 4 of the POCSO Act in view of Section 42 of the POCSO Act.
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“The Secretary General of this Court is directed to deploy adequate Supreme Court Staff to assist the Election Committee for the recounting.”
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In the instant case, the appellant was denied maternity leave for a third child on account of her re-marriage. The Supreme Court held that the appellant was entitled to grant of maternity leave.
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“It is not shown how the IAF headquarters has any control over the management of the said school. Although some funds may have originated from the Army Welfare Society, it cannot be said that the State or the IAF has any control, let alone all-pervasive control, over the school. Moreover, the said Society is not governed by any statutory rules.”
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Supreme Court emphasised on the necessity of women’s participation in the judiciary and said that country will greatly benefit from a judicial force that is competent, committed and most importantly, diverse.
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