Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The Supreme Court rejected to halt the demolition of the temple but clarified that the Temple Samiti was not precluded from pursuing its remedies before the High Court in the pending proceedings.
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“The seven sub-rights may be procedures, but they do constitute the real content of the right to property under Article 300A, non-compliance of these will amount to violation of the right, being without the authority of law.”
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“The Courts ought not to prematurely and without identification of individual instances of ‘alienating behaviour’, label any parent as propagator and or potential promoter of such behaviour and that this label has far-reaching implications which must not be imputed or attributed to an individual parent routinely.”
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The appellant paid the stamp duty of Rs.25,34,350 and purchased the stamp duty for registration of conveyance deed. However, the conveyance deed was not registered as the vendor had earlier sold the property in question to a third party in 1992.
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“The abandonment of the claim can be either express or implied. The abandonment cannot be readily inferred. There is an implied abandonment when admitted or proved facts are so clinching that the only inference which can be drawn is of the abandonment.”
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Paper-I (Practice and Procedure of the Supreme Court) of the Advocates-on-Record (AoR) Examination held on 10 June 2024 stands cancelled in view of the technical glitches experienced by candidates appearing for computer-based examination at the examination centre.
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The Court allowed the ‘indigent woman’ to file an appeal as an ‘indigent person’, as her indigency was not extinguished by the compensation awarded, for she did not actually receive the money at the time of filing the appeal.
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“We are conscious of the legal position that we should be we are slow in interfering with the order when the bail has been granted by the High Court, however it is equally well settled that if such order of granting bail is found to be illegal and perverse, it must be set aside.”
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Supreme Court noted that the Division Bench of Bombay High Court, only denied equitable relief under Article 226 of the Constitution of India to the appellants but at the same time, rights of the appellants to claim relief in law before the appropriate forum have been protected.
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The Court did not grant relief to Sisodia in his bail plea against Delhi High Court’s decision but granted him the liberty to revive his prayer afresh after filing of the final complaint/Charge sheet on or before 03-07-2024, after considering the assurance by Prosecution.
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“The Corporation was covered under the definition of ‘industrial establishment’ and the employees uninterruptedly continued in service for 480 days or more for 24 months.”
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Rajasthan High Court had held that there exists no relaxation regarding category of Ex-serviceman and the Rule 19 of the Rajasthan Forest Subordinate Service Rules, 2015 states that the physical efficiency test will be applicable to candidates belonging to all categories including that of the Ex-servicemen.
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Supreme Court reiterated that exclusion clauses in insurance contracts are interpreted strictly against the insurer as they have the effect of completely exempting the insurer of its liabilities.
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“If and only if, the service provider discharges its onus of showing that the service was availed, in fact for a commercial purpose, does the onus shift back to the complainant to show that the service was obtained exclusively for the purpose of earning its livelihood by means of self-employment.”
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Supreme Court directed the parties to maintain status quo regarding possession, change of land use, and creation of third-party rights till fresh acquisition proceedings are completed
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“As long as ‘Merit-cum-Seniority’ is applied in the manner as explained in All India Judges’ Association v. Union of India, (2002) 4 SCC 247, wherein both merit and seniority are considered, and merit plays the dominant role, the process of promotion cannot be said to be violative of the principle of ‘Merit-cum-Seniority’.”
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Supreme Court noted that by its order dated 30-06-2016, the sentence was suspended, and bail was granted to the convict, as he had already undergone about nine years of sentence.
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The Trade Mark Registry allowed the Form TM-24 Applications of the Electronica Hitech Machines Tools Private Limited for bringing on record their name as the subsequent proprietor. Electronica India Limited challenged the said purported order.
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“One of the objects of the Chartered Accountants Act, is to ensure that the profession of the Chartered Accountant in the country maintains high professional ethics and renders quality service since Chartered Accountants are necessary for the efficient tax administration in the country”
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“The requirement under Section 145 of the Evidence Act, 1872 of confronting the witness by showing him the relevant part of his prior statement is to give the witness a chance to explain the contradiction and this is a rule of fairness.”
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