Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
Brij Bihari Prasad, a member of the Bihar Legislative Assembly was murdered in 1998. The High Court reversed the Trial Court’s decision and acquitted the accused persons.
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Supreme Court directed that the accused be released on bail, on such terms and conditions as may be imposed by the Trial Court. However, if the Trial Court or the State finds that the accused who has been granted bail is delaying the trial, they can approach this Court by way of an application to recall this order.
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“Merely for the reason that the view of the Appellate Court is a better view than the one taken by the arbitral tribunal, is no ground to set aside the award”.
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DSGMC cannot be allowed to take shield of Rule 47 of Delhi Education Rules to claim that burden of re-employment and payment of salaries of surplus teachers and non-teaching staff upon closure of school. The question of absorption only arises when the closure of the school is done in accordance with law, which requires full justification and prior approval of the Director as per Rule 46.
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‘Even if the parties involved in a case themselves, with no valid justification attempt to delay the proceedings, the Courts need to be vigilant and nip any such attempt in the bud instantly. Pleadings with outrageous & ex facie unbelievable averments being made; Frivolous & vexatious proceedings be met with due sanctions to dissuade parties from resorting to such tactics.’
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Supreme Court acknowledged that the petitioner’s admission had been delayed through no fault of his own. It requested the Director of IIT Dhanbad to utilize his good offices to facilitate the petitioner’s ability to complete the coursework for the time already elapse.
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“Four writ petitions have been filed seeking various prayers, inter alia, including an independent enquiry and directions for establishing regulatory frameworks with respect to the religious trust and specifically the preparation of the prasadam”
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The Court emphasised that in order to reverse a finding of acquittal, a higher threshold is required. The presumption of innocence operating in favour of an accused throughout the trial gets concretized with a finding of acquittal by the Trial Court.
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The Central Board for Direct Taxes was also directed to take necessary steps for rectifying the software as the issue may not be resolved by the Jurisdictional Assessing Officer.
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“When a party is relegated to the High Court to pursue its remedies, it would not be proper, in the normal course, to bind the said High Court with directions in relation to the proceedings to be impugned before such Court.”
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It was observed that the Complaint/FIR was replete with just one theme i.e. that the appellants are threatening the respondents that they will deny them share in the property. The Complaint/FIR was intended only to further their interest in the civil dispute.
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The sealed cover procedure is to be resorted to only after issuance of the charge-memo/charge-sheet is issued.
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V. Senthil Balaji was arrested and remanded to judicial custody on 14-06-2023 for an alleged offence under Section 3 of PMLA.
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The Court also clarified that to determine the stamp duty that is chargeable upon an instrument, the legal rule is that the real and true meaning of the instrument is to be determined by ascertaining the intention of the parties from the contents and the language employed in the whole instrument
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Supreme Court permitted the appellant to file a written statement on or before 14-10-2024. The respondent/complainants were allowed to file replication, if any, by 06-11-2024 and the affidavit of evidence on or before 09-12-2024.
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The Supreme Court clarified that the observations made in this judgment shall apply prospectively.
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The Supreme Court observed that the term “child pornography” is a misnomer that fails to capture the full extent of the crime as it can lead to a trivialization of the crime, as pornography is often seen as a consensual act between adults. It, hence, proposed a new term for the offence.
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“It will be improper to discriminate inter se among a homogenous group of students admitted for the academic session 2009-10. It could not be that those students admitted in the first round of counselling would be eligible, even with less than 50% marks in graduation, while the others admitted in the subsequent rounds of counselling would not be.”
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The Supreme Court elucidated the key factors through which the intention of the parties to be bound by an arbitration agreement can be gauged.
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Dismissing the appeal, the Court opined that the respondents had all throughout shown their intention to pay the balance consideration for execution of the sale deed whereas the appellants appeared interested only in challenging the decree before higher Courts.
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