Supreme Court Archives

Whether punishment justified where the authority imposing punishment and approving it, is the same person? Supreme Court clarifies

Supreme Court: The 3-Judge Bench comprising of Uday Umesh Lalit, Hemant Gupta* and S. Ravindra Bhat, JJ., addressed the instant appeal filed

Case Briefs Supreme Court

Murderer kills one or two persons but persons dealing with narcotic drugs inflict death blow to a number of innocent youngsters: Supreme Court

“While striking balance between the mitigating and aggravating circumstances, public interest, impact on the society as a whole will always be tilt in favour of the suitable higher punishment.”

Case Briefs Supreme Court

Can there be presumption of Hindu joint family property if a business activity carried out by Karta in a tenanted premise? Supreme Court answers

“Even if a male member had taken premises on rent, he is tenant in his individual capacity and not as Karta of Hindu Undivided Family in the absence of any evidence that Karta was doing the business for and on behalf of Joint Hindu Family.”

Case Briefs Supreme Court

Whether pre-FIR enquiry is permissible against public servant in corruption matters? What is the scope and ambit of such an enquiry? Supreme Court explains

Supreme Court of India: The Division Bench comprising of Dhananjaya Y. Chandrachud and M.R. Shah*, JJ., addressed the instant appeal challenging the

Case Briefs Supreme Court

Application under S. 7 or S. 9 IBC is an independent proceeding unaffected by winding up proceedings that may be filed qua the same company; Supreme Court

Supreme Court: The Division Bench of Rohinton Fali Nariman* and B.R. Gavai, JJ., addressed the instant appeal involving the question that whether

Case Briefs Supreme Court

Courts can’t be helpless bystanders when prisoner opposes transfer from one prison to another; Read why Supreme Court transferred Mukhtar Ansari’s custody to Uttar Pradesh

“A convict or an undertrial prisoner, who disobeys the law of the land, cannot oppose his transfer from one prison to another, be a convict or an undertrial prisoner, Courts are not to be a helpless bystander, when the rule of law is being challenged with impunity.”

Case Briefs Supreme Court

‘Electoral Bonds Scheme not behind iron curtains incapable of being pierced’; Read why Supreme Court refused to interfere with the Scheme

“All that is required is a little more effort to cull out such information from both sides (purchaser of bond and political party) and do some “match the following”.”

Case Briefs Supreme Court

‘Reinstatement by NCLAT “too big a pill” for perhaps even Cyrus Mistry to swallow’; Here’s why Supreme Court upheld Cyrus Mistry’s removal as Chairman by the Tata Sons

“NCLAT appears to have granted the relief of reinstatement gratis without any foundation in pleadings, without any prayer and without any basis in law, thereby forcing upon the appellant an Executive Chairman, who now is unable to support his own reinstatement. “

Case Briefs Supreme Court

“Free speech of the citizens of this country cannot be stifled by implicating them in criminal cases”; Supreme Court quashes FIR against Shillong Times Editor Patricia Mukhim

“Disapprobation of governmental inaction cannot be branded as an attempt to promote hatred between different communities.”

Case Briefs Supreme Court

‘Not enough to proudly state that women officers are allowed to serve the nation in the Armed Forces’; Army’s evaluation of Women SSC Officers for grant of permanent commission arbitrary: SC

“The structures of our society have been created by males and for males. As a result, certain structures that may seem to be the “norm” and may appear to be harmless, are a reflection of the insidious patriarchal system.”

Case Briefs Supreme Court

Can departmental proceedings be initiated for charges including vigilance angle without approval of CVC? SC examines validity of departmental actions

“Anyone can make mistakes. The consequences of mistakes should not be unduly harsh”

Case Briefs Supreme Court

Adjudicating authority under IBC may disapprove the resolution plan approved by the Committee of Creditors but cannot modify it: Supreme Court

Supreme Court: In an important ruling relating to the corporate insolvency resolution process concerning the corporate debtor, Jaypee Infratech Limited, the 3-judge

Case Briefs Supreme Court

Curtailing vexatious litigation is a crucial step towards a more effective justice system; Supreme Court examines role of lower judiciary in preventing abuse of process

The Magistrates are the first lines of defence for both the integrity of the criminal justice system, and the harassed and distraught litigant.

Case Briefs Supreme Court

Loan Moratorium Case| Supreme Court says no to total waiver of interest and extension of moratorium period but directs full waiver of compound interest

There was no justification shown by the Government to restrict the relief of not charging interest on interest with respect to the loans up to Rs. 2 crores only and that too restricted to only 8 categories.

Case Briefs Supreme Court

Short delay in filing appeals under section 37 of the Arbitration Act can be condoned in exceptional cases. Here’s why Supreme Court overruled N.V. International verdict

Supreme Court: The 3-judge bench of RF Nariman, BR Gavai and Hrishikesh Roy, JJ has held that given the object of speedy

Case Briefs Supreme Court

Pre-litigation mediation| SC admits application seeking creation of committee of experts to guide on the implementation of Section 12A of Commercial Courts Act, 2015

Supreme Court: In the petition seeking for standard operating procedures for implementation of pre-litigation mediation under Section 12A of Commercial Courts Act,

Case Briefs Supreme Court

Written intimation of hearing just before commencement of video conference hearing by Advisory Board leads to SC quashing detention of man in a gold smuggling case

Supreme Court: In the case where the State Advisory Board had heard a detenu on video conference, without any sufficient prior intimation

Case Briefs Supreme Court

No more asking sexual offence survivor to tie Rakhi or get married to the accused; Supreme Court calls for gender sensitisation of judges and lawyers [Read Directions]

“Judges play – at all levels – a vital role as teachers and thought leaders. It is their role to be impartial in words and action, at all times. If they falter, especially in gender related crimes, they imperil fairness and inflict great cruelty in the casual blindness to the despair of the survivors.”

Case Briefs Supreme Court

Whether a residential accommodation for nuns/students would fall under “religious or educational purposes” and be qualified for tax exemption? Supreme Court explains

Supreme Court: The Division Bench comprising of R. F. Nariman* and B.R. Gavai, JJ., addressed the instant case regarding statutory interpretation. The

Case Briefs Supreme Court

Proceedings instituted under Consumer Protection Act, 1986 not to be transferred to fora created under 2019 Act with newly prescribed pecuniary limits: Supreme Court

“One can imagine the serious hardship that would be caused to the consumers, if cases which have been already instituted before the NCDRC were required to be transferred to the SCDRCs as a result of the alteration of pecuniary limits by the Act of 2019.”