Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
Supreme Court clarified that reservation is only to guarantee a minimum and women members of the SCBA, subject to their eligibility, be entitled to contest the election for all the posts in the Executive Committee.
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“Repeated attempts to attack the Change Reports relating to assumption of office by the new administration of the Trust only indicates their inimical attitude thereto and to the family of the founder, Mallikarjun Mahalingappa Patil”
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“While deciding that whether a debt is a financial debt or an operational debt arising out of a transaction covered by an agreement or arrangement in writing, it is necessary to ascertain what is the real nature of the transaction reflected in the writing.”
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Supreme Court viewed that the accused is entitled to be enlarged on bail pending trial, especially when no antecedents of the accused have been brought on record.
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Shivamurthy Murugha Sharanaru, an Indian seer and pontiff was accused of sexually assaulting minor girls and was arrested under the POCSO Act and was released on bail on 08-11-2023.
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Supreme Court said that the attempt of the Association of Engineers to grab all the posts available, even those apportioned for the candidates promoted from subordinate services, is totally unequitable.
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Participation of women in the work force is not a matter of privilege, but a constitutional entitlement protected by Articles 14, 15 and 21 of the Constitution; besides Article 19(1)(g).
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The application of industry-cum-region test is the standard criteria, followed by the industrial adjudicator, while determining the revision of wages and other facilities, which implies that the prevailing pay and other allowances should be compared with equally placed or similarly situated industrial units in the same region.
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An FIR was registered against the ASI and the Police Inspector, alleging the demands for bribe and providing a chargesheet in lieu of Rs.80,000/-.
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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 in connection with FIR.
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“A repealed provision will cease to operate from the date of repeal and the substituted provision will commence to operate from the date of its substitution.”
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Supreme Court said that the Compensation by its nature must be just, and described the compensation awarded to the appellant as ‘paltry’.
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“Promotional trailers are unilateral and are only meant to encourage a viewer to purchase the ticket to the movie, which is an independent transaction and contract from the promotional trailer. A promotional trailer by itself is not an offer and neither intends to nor can create a contractual relationship.”
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Supreme Court noted that medical termination of pregnancy is sought for a minor who is 14, and this pregnancy is alleged to be an emanation from a sexual assault, and that the minor was unaware of the fact that she was pregnant until a very late stage.
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“Human beings indulge themselves in selective amnesia when it comes to fathom the significance of forests. It is the forests which give life to the Earth by replacing carbon dioxide with oxygen, thereby providing a hospitable environment for the steady growth of diverse life forms.”
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The State Government has been given exclusive power delegated by virtue of Section 22(1) of the NIA Act to constitute one or more Special Courts for trial of offences under any or all the enactments specified in the Schedule to the NIA Act
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In Tofan Singh v. State of Tamil Nadu (2013) 16 SCC 31, it was held that officers authorised under Section 53 of the NDPS Act were ‘police officers’ and the statements made to them under Section 67 were inadmissible in evidence.
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Supreme Court said that AICTE itself never claimed that it was dishonestly induced to grant such approvals and that essential link is altogether missing, whereby any such criminal charge of cheating can be sustained against the accused persons.
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The Supreme Court noted that the guidelines for conducting trial against persons who are deaf and mute, but otherwise of sound mind to commit a heinous offence, were not laid down by the Court.
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The candidate had secured 88 marks, which was more than the cut-off of 84 marks in the ‘general category’ and 82 marks in the ‘OBC category’.
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