Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“Compensation awarded under the head ‘loss of income’ towards permanent disability deserves to be enhanced by construing the whole-body disability at 17%.”
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Supreme Court said that as the husband is willing to undergo potency test, the High Court should have upheld the order of the Trial Court to that extent
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“Not necessary for a candidate to declare every item of movable property that he or his dependent family members owns, such as, clothing, shoes, crockery, stationery and furniture, etc., unless the same is of such value as to constitute a sizeable asset.”
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“The lack or absence of motive is inconsequential when direct evidence establishes the crime.”
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Supreme Court has applied the standard of a ‘grave miscarriage of justice’ in the exceptional circumstances of this case where the process of arbitration has been perverted by the arbitral tribunal to provide an undeserved windfall to DAMEPL.
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“The length of the delay is a relevant matter which the court must take into consideration while considering whether the delay should be condoned or not.”
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Supreme Court granted her bail subject to the conditions that she will not leave the State of Maharashtra without the permission of the Special Court and have to surrender her passport and furnish her address and mobile number to the investigating officer.
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Supreme Court said that the elaborate exercise of the trial Judge has been washed away by the High Court in a totally cursory manner.
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Clause 3 of Schedule IV of the National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021 provides for payment of stipend to all the interns, as fixed by the appropriate authority applicable to the institution/ University or State.
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The petitioner sought for verifying the count in EVMs with votes that have been verifiably ‘recorded as cast’ and to ensure that he is able to verify through the paper slip of VVPATs that his vote as recorded on the paper slip has been ‘counted as recorded’.
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Supreme Court has also vacated the stay order passed on 07-11-2023.
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In the Consumer Protection Act, 2019, a body corporate was brought within the definition of ‘person’, indicating that the legislature realized the incongruity in the unamended provision and rectified the anomaly by including the word ‘company’ in the definition of ‘person’.
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“For attracting the provision of Section 420 of the IPC, the FIR/complaint must show that the ingredients of Section 415 of the IPC are made out.”
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Supreme Court: In a criminal appeal filed against the order passed by the Karnataka High Court, wherein the Court allowed the petition
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“If the word ‘may’ is read as ‘shall’, it will have drastic consequences, as in every complaint under Section 138, the accused will have to pay interim compensation up to 20 per cent of the cheque amount and such an interpretation will be unjust and contrary to the well-settled concept of fairness and justice, exposing the provision to the vice of manifest arbitrariness.”
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“If we were to issue interim mandatory injunction in such like cases, it might set a bad precedent in law that would enable the States to flout fiscal policies and still successfully claim additional borrowings.”
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Supreme Court said that when there is a reference in the second contract to the terms and conditions of the first contract, the arbitration clause would not ipso facto be applicable to the second contract unless there is a specific mention/reference thereto.
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Supreme Court upheld the High Court’s decision and emphasised the need for early enforcement of the foreign award by the competent forum.
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Supreme Court highlighted that the fact of accused being a child in conflict with law was known to the Investigating Officer, prosecution as well as the Trial Court from the very inception of proceedings.
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The Rajasthan High Court had dismissed the petitioners’ second bail application on 12-07-2023.
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