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This column will list all the case briefs on the decisions of the Supreme Court
The application of the doctrine of merger, in every case, shall be accompanied by an awareness of its limitations and shall not be wielded to close avenues for addressing genuine concerns. Prioritizing justice and fairness shall supersede an absolute insistence on finality.
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“Mental health is an integral component of the right to life under Article 21 of the Constitution which has been upheld by the Court time and again.”
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“Access to justice is inextricably connected to maintaining integrity in the process of invocation and conduct of remedial proceedings before Courts and Tribunals.”
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“Grant of bail to the person accused of such grave offences without assigning reasons shakes the conscience of the Court and would have an adverse impact on the society”.
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Directing the wife to not to use her influence as IPS officer, the Court dissolved the marriage between the parties and stated that guidelines framed by Allahabad High Court vis-a-vis ‘Constitution of Family Welfare Committees’ shall be implemented by the appropriate authorities.
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In this case, Shreyas Talpade was linked to an alleged financial scam involving a Haryana-based cooperative society, which was accused of defrauding investors.
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Mere punishment per se would not constitute a remedy for an act of crime. Therefore, the idea is to reform and rehabilitate the deviant person to bring him back into the fold of society.
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Holding Asian Paints as ‘victim’ within CrPC, the Court further stated that victim’s right to prefer appeal under Proviso to S. 372 CrPC is not restricted by any other provision of the CrPC.
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A Single-Judge Bench of the High Court quashed the sale, pointing out multiple deficiencies in the valuation report issued by the commissioner.
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Considering the unprecedented gravity of this custodial torture case, the systematic cover-up orchestrated by local police machinery and institutional bias, the Court directed the transfer of investigation to the CBI.
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“We make it clear that these directions are issued in the larger public interest to uphold the dignity, and healthcare rights of prisoners with disabilities in all custodial settings. The obligations herein are rooted in India’s constitutional guarantees, statutory mandates, and international human rights commitments.”
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Summons and letters were issued to the appellant demanding service tax for the period from 01-07-2012 to 16-02-2014. Furthermore, a show cause notice demanding service tax of Rs. 2,07,29,576 along with interest for services during the afore-stated period was also issued.
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In July 2022 State of West Bengal had expressed its intention to resume the 395 acres of land and called upon the petitioners to furnish project plan for the proposed EV project detailing requirement of the land and justification. By an order dated 9-11-2022, State had resumed 395 acres of land.
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“One would think that in this day and age, where great strides have been made in realizing the constitutional goal of equality, this Court would not need to intervene for equality between the successors of a common ancestor and the same should be a given, irrespective of their biological differences, but it is not so”.
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The respondents submitted that the action of the Petitioners in conducting another Review Medical Examination is clearly illegal, ultra vires, and without authority, and therefore deserves to be set aside in its entirety.
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“Quashing of the entire recruitment process may cause hardships for the selected candidates, but at the same time, there is no equity in the favour of selected candidates as challenge to the recruitment was made during the pendency of the process.”
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While deciding the case concerning the validity of a registered Irrevocable General Power of Attorney, the Court came across contradiction between the statutory scheme in Registration Act and Supreme Court’s interpretation in Rajni Tandon, (2009) 14 SCC 782.
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Pay Minus Pension is a salary fixation method applied to retired government employees who are re-employed or appointed to new government positions after retirement. Under this rule, the employee’s monthly salary is adjusted by deducting the amount of pension they receive from their gross pay in the new job. Essentially, the employee is paid the difference between their new pay scale and the pension amount, preventing them from drawing a full pension and full salary simultaneously.
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The case involved commission of serious offences which led to the sentence of death penalty. However, the Supreme Court took strict note of the faulty investigation and faulty treatment of the DNA evidence that rendered the samples useless.
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“Spousal communications were deemed privileged under Section 122 of Evidence Act for the purpose of protecting the sanctity of the marital relationship, and not for safeguarding individual privacy rights.”
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