Supreme Court

This column will list all the case briefs on the decisions of the Supreme Court

cause of delay condonation of delay plea supreme court
Case BriefsSupreme Court

If negligence can be attributed to the appellant, then necessarily the delay which has not been condoned by the Tribunal and affirmed by the High Court deserves to be accepted. However, if no fault can be laid at the doors of the appellant and cause shown is sufficient then we are of the view that both the Tribunal and the High Court were in error in not adopting a liberal approach”.

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quash NDPS case
Case BriefsSupreme Court

The investigation against the accused was initiated as the main accused had named him but later it was discovered that it was a false accusation, as wife of the main accused had some disputes going on with accused person’s wife, hence, he was falsely implicated.

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13-year-old-murder case supreme court acquittal
Case BriefsSupreme Court

While exercising jurisdiction under Article 136 of the Constitution, the Court does not interfere with the concurrent findings recorded by the courts below, until and unless the evidence has not been properly appreciated, material aspects have been ignored and the findings are perverse.

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Arbitration Act 1940 award compound interest
Case BriefsSupreme Court

“There is no dispute as to the power of the courts to award interest on interest or compound interest in a given case subject to the power conferred under the statutes or under the terms and conditions of the contract; but where no such power is conferred ordinarily, the courts do not award interest on interest”.

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overtake vehicle not negligence supreme court
Case BriefsSupreme Court

Regarding appellant’s attempt to overtake a vehicle, the Court stated that he was doing an act which is an everyday occurrence on the road, but resultantly suffered extensive injuries himself. Furthermore, it was proved that the offending vehicle was being driven rashly and negligently.

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SC stays custody to father
Case BriefsSupreme Court

The mother in her undertaking stated that she got a job in Consulate General of India’s office at San Francisco, and that she had applied for US citizenship and duly attended for interview. She had also undertaken to ensure the admission of her son in a good school, co-operation with father and facilitation of visits to son.

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Murder over a Mango
Case BriefsSupreme Court

Supreme Court noted that this is not a case of pre-planned murder as the incident started with a fight between children for “mangoes” which unfortunately flared up when the adults of the families also got involved which ultimately led to the deceased, the father of one of the children, being killed.

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PE teacher’s plea
Case BriefsSupreme Court

Supreme Court noted that petitioner assails the impugned order on ground that the High Court failed to appreciate that the post of PE Teacher stands on a different footing than a teacher in other subjects, as there is no separate category of “Pass Graduate or Hons. Graduate” and there is only one examination for the ‘Pass Graduate’ category for the post of PE Teacher.

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Maharashtra Slum Areas Act
Case BriefsSupreme Court

“Legal reform through legislative correction improves the legal system and it would require assessment of the working of the law, its accessibility, utility and abuse as well. Executive branch has a constitutional duty to ensure that the purpose and object of a statute is accomplished while implementing it, along with duty to closely monitor the working of a statute and must have a continuous and a real time assessment of the impact that the statute is having.”

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