Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
In the instant case, reserved Forest Land in Village Kondhwa Budruk, Pune was allotted to private builders after bypassing the doctrine of public trust, thereby revealing an unholy nexus of Politicians, Bureaucrats and the Builders.
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“In our opinion, since the timelines have been stipulated under the POCSO Act for all stages right from the stage of Investigation up to the stage of Trial, the same must be adhered to as far as possible. Because of the inadequacy of the number of exclusive Courts for the POCSO Cases, the said timelines mandated in the Act for completion of the trials are not being maintained.”
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“The High Court erred in bisecting the claim of the appellant into two parts, one arbitrable and the other non- arbitrable, when it found arbitration agreement to be there for settlement of disputes between the parties.”
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“The Court Managers having served for years, after rendering their services for such a long period, if they are not made permanent and are to be thrown away at this stage, it would cause a great hardship to them”
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“What is most shocking to our judicial conscience is the incontrovertible reality that the parties in the present cases have spent nigh a decade acrimoniously litigating over the method of dispute resolution itself, while their actual qualms against each other remain deeply buried under the surface—effectively stuck in limbo.”
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“We say so being fully cognizant of the fact that the judiciary’s efficient functioning is a necessary pre-requisite to maintain the trust and faith of the consumers of justice in the justice delivery system”.
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“The point-based process deserves deletion in exercise of powers reserved in paragraph 74 of Indira Jaising-1. When we do this, it will not amount to a review or recall of the decisions. After finding that the point-based assessment is not workable, we will be failing in our duty if we fail to do what we are expected to do.”
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The term “cruelty” is subject to rather cruel misuse by the parties, and cannot be established simpliciter without specific instances, to say the least. The tendency of roping these sections, without mentioning any specific dates, time or incident, weakens the case of the prosecutions, and casts serious suspicion on the viability of the version of a Complainant.
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“A careful reading of the provisions clearly demonstrates that if more than one injury is caused in the same accident the amount of compensation payable under the Act shall be aggregated, but not to the extent of such aggregation exceeding the amount which would have been payable if permanent total disablement had resulted from the injuries.”
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The Supreme Court was considering an appeal appeal against an order of the High Court dismissing the suit while considering an application for an injunction.
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In this 14-year-old cold-blooded case, the deceased was hacked to death in front of his own son. During the trial, 71 out of 87 witnesses turned hostile including the relevant ones, thereby leading to the collapse of the prosecution case before Trial Court.
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“If the allegations are true, telling a physically challenged man that he and his family should die, and doing so in the immediate aftermath of a grievous acid attack, is not banter. Sensitivity to the social context, where honour and shame weigh heavily, was called for. The offence, no doubt, will have to be established at the trial.”
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“The doctrine of Kompetenz-Kompetenz is now firmly embedded in the arbitration jurisprudence in India. This doctrine is based on the principle that an arbitral tribunal is competent to rule on its own jurisdiction including on the issue of existence or validity of an arbitration agreement”
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“The illicit sand trade often operates under the shadow of organised crime, undermining the rule of law and weakening governance structures. Therefore, absolute standards with tough policies, strict enforcement and quick accountability are compelling for effective regulatory control.”
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“When profile of the allegations emerging from the factual matrix of the case renders existence of mens rea patently absurd or inherently improbable, such prosecution is liable to be quashed as an abuse of process of law.”
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“There is a difference between the “conclusion” or “opinion”, and “reasons” to support such a conclusion or opinion. The reasons have to be separately mentioned for the conclusion arrived at by the Medical Board. The bare conclusion arrived by the Medical Board cannot treated as the reasons for discharge of the serviceman and denial of invalid pension within the meaning of the Regulations”
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“We do not believe that the confidence in and credibility of the courts in the eyes of the public can be shaken by such absurd statements, though it can be said without the shadow of doubt that there is a desire and deliberate attempt to do so”.
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The wife had alleged that she married the Appellant-husband because he was an Eye Surgeon, but he turned out to be an Optometrist.
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Supreme Court directed that the Union of India should notify the appellants about the mode and manner in which they could exercise this option and provide information regarding the amounts that the appellants will need to remit if they choose to opt for pension under the Rules.
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The Court directed that SCBA Elections shall be held on 20-05-2025 and the result shall be declared preferably on the same date or on 21-05-2025.
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