Supreme Court Archives

Company Court cannot decide in winding up proceeding which party defaulted with the compromise; Supreme Court clarifies jurisdiction of Company Court

Supreme Court: In a corporate dispute case, the 3-Judge Bench comprising of R.F. Nariman, B.R. Gavai* and Hrishikesh Roy, JJ., held that,

Case Briefs Supreme Court

“Consent of parties cannot obviate the duty of the High Court to indicate its reasons”; Supreme Court explains the law on Bail

Supreme Court: The Division Bench of Dr. Dhananjaya Y. Chandrachud* and M. R. Shah, JJ., pronounced an important judgment which came out

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Distribution of COVID essentials like oxygen, Remdesivir| “Not substituting the jurisdiction of the High Courts”; Supreme Court explains why it intervened

“The role of this Court in the present situation is complementary to the role and functions being performed by the High Courts. Neither is intended to substitute the other.”

Case Briefs Supreme Court

A blind Scheduled Caste woman raped! Supreme Court explains intersectional oppression and how it needs to be addressed

“The experience of rape induces trauma and horror for any woman regardless of her social position in the society. But the experiences of assault are different in the case of a woman who belongs to a Scheduled Caste community and has a disability because the assault is a result of the interlocking of different relationships of power at play.”

Case Briefs Supreme Court

Judicial review or judicial restraint? Supreme Court explains where the virtue itself turns into vice

Supreme Court: The Division Bench comprising of Rohinton Fali Nariman* and B.R. Gavai, JJ., addressed the issue of overstepping of review jurisdiction

Case Briefs Supreme Court

Gangster previously prosecuted in 15 cases gets bail in a murder case! Supreme Court sets aside Allahabad High Court order

“There is no doubt that liberty is important, even that of a person charged with crime but it is important for the courts to recognise the potential threat to the life and liberty of victims/witnesses, if such accused is released on bail.”

Case Briefs Supreme Court

“Mini Trial not permissible at the stage of framing of charge”; Supreme Court explains the yardsticks of revisional jurisdiction of High Courts

Supreme Court: The Division Bench comprising of Dhananjaya Y. Chandrachud and M.R. Shah*, JJ., recently held in an interesting case that evaluation

Case Briefs Supreme Court

Protection of heaviest flying bird, the Great Indian Bustard: SC emphasizes on need to adopt ecocentric approach; issues directions

Supreme Court: The 3-Judge Bench comprising of S. A. Bobde, CJ., A.S. Bopanna and V. Ramasubramanian, JJ., addressed the instant PIL addressing

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COVID-19 surge| As nation gasps for breath, Supreme Court calls for “even handed” distribution of COVID essentials like oxygen, Remdesivir; asks Centre to submit a “national plan”

“The High Courts have passed certain orders which may have the effect of accelerating and prioritising the services to a certain set of people and slowing down the availability of these resources to certain other groups whether the groups are local, regional or otherwise.”

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Ad-hoc judges to be appointed to deal with unprecedented pendency of cases in High Courts. Supreme Court issues guidelines and “trigger points” for activation of dormant Article 224A

“Article 224 A should not be made a dead letter, more so when the need is so pressing.”

Case Briefs Supreme Court

With 220 vacancies, “the High Courts are in a crisis situation”; Here’s what the Supreme Court advised to facilitate timely appointments

“The High Courts are in a crisis situation. There are almost 40% vacancies in the High Courts, with many of the larger High Courts working under 50% of their sanctioned strength.”

Case Briefs Supreme Court

Deficiencies in Criminal Trials and pendency of cases| Supreme Court directs all High Courts to adopt the Draft Rules of Criminal Practice, 2021

Supreme Court: After noticing common deficiencies which occur in the course of criminal trials and certain practices adopted by trial courts in

Case Briefs Supreme Court

COVID-19 surge| Allahabad HC’s “lockdown” judgment stayed for now but UP Govt to “immediately” report to HC on steps taken and future plan: Supreme Court

“Until further orders, there shall be an ad interim stay of the impugned order passed by the High Court.”

Case Briefs Supreme Court

Explained: Rule of alternate remedy and maintainability of writ petitions under Article 226 of the Constitution

“An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the Constitution in an appropriate case though ordinarily, a writ petition should not be entertained when an efficacious alternate remedy is provided by law;.”

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“We are afraid that we cannot do anything”; Read why Supreme Court refused to interfere with the dismantling of INS Viraat, the oldest serving warship in the World

“While appreciating the sentiments of the petitioners, we are afraid that we cannot do anything at this stage”

Case Briefs Supreme Court

Balance sheet entries can amount to an acknowledgement of liability under Section 18 of the Limitation Act, 1963: Supreme Court

Supreme Court: The 3-judge bench of RF Nariman, BR Gavai and Hrishikesh Roy, JJ has held that an entry made in the

Case Briefs Supreme Court

Any creditor including Central/State Government or any local authority bound by Resolution Plan approved by adjudicating authority under Section 31(1) IBC: Supreme Court

“On the date of approval of resolution plan by the Adjudicating Authority, all such claims, which are not a part of resolution plan, shall stand extinguished. “

Case Briefs Supreme Court

No blood or breath analyser test proving drunk driving? Insurer may still establish a case for exclusion from liability: Supreme Court

“Merely because there is no test performed, the Insurer would not be deprived of its right to establish a case which is well within its rights under the contract.”

Case Briefs Supreme Court

Enquiry by retired Supreme Court judge into Justice V. Eswaraiah Phone Call controversy uncalled for: Supreme Court

“High Court ought not to have embarked on any other enquiry in the matter except to the maintainability of the PIL.”

Case Briefs Supreme Court

Husband & Sister-in-law walk free after deceased’s dying declaration fails to “inspire confidence” in a 30 year old case; Supreme Court explains the yardstick for admissibility of a dying declaration

Supreme Court: The bench of Navin Sinha and Krishan Murari, JJ has held that there cannot be any rigid standard or yardstick