Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The petition by special leave challenged the decision of Himachal Pradesh High Court which had held that Section 163-A of the H.P. Land Revenue Act, 1954 was manifestly arbitrary and unconstitutional.
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Relaxing the firecracker ban on a test case basis, the Court directed the administration and police to ensure that use of firecrackers shall be confined between 6:00 AM to 7:00 AM and 8:00 PM to 10:00 PM on 2 days i.e., the one before and on the Diwali day.
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“After almost four decades, a protracted litigation has reached a satisfying conclusion, owing to outstanding efforts of Sr. Adv. Gaurav Agrawal, appointed by this Court as the mediator.”:
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“Scope of interference in an appeal with the order passed by the Armed Forces Tribunal is limited. This Court in appellate jurisdiction would interfere if the order were shown to be arbitrary, unreasonable or capricious”.
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The Court requested Justice Ajay Rastogi, former Supreme Court Judge, to lead the Supervisory Committee and considering the ramifications of the incident and its gravity, requested him to immediately organize its first meeting after taking over of the charge of the investigation by the CBI.
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“The arbitration agreement must be interpreted in a purposive manner, but not literally so as to enable the parties to pursue the intended dispute redressal mechanism of contract”.
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Before 25-1-2022, there were no binding laws regarding age restrictions on intending couples wishing to avail surrogacy. Therefore, for couples above the age limits under the Surrogacy (Regulation) Act, 2021, the right to surrogacy was not conditional on their age and was freely available to intending couples.
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The Sessions Court having noted that the convict was 16 years old at the time of trial, held that he was entitled to the benefit of the Children Act, 1960 and thus he was directed to be kept in a children’s home in accordance with the provisions of the 1960 Act to give him a chance to reform himself.
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The Court reaffirmed that proceedings under Section 124-A of the Railways Act are not criminal trials demanding proof beyond reasonable doubt, but welfare statues are governed by the principles of preponderance and probabilities.
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In the present case, the Court directed to file an affidavit informing as to how sex education was provided as a part of the curriculum in higher secondary schools within the State of Uttar Pradesh. Thus, an affidavit was filed by the Circle Officer, District Sambhal, Uttar Pradesh, detailing the curriculum for classes IX to XII.
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The directions issued by the High Court included that the activities near Futala Lake shall not lead to any damage to the lake and the entire waterbed along with its recreational and beautification structures are kept clean and properly maintained.
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Emphasising that well-maintained footpaths is a judicially recognised right, the Court issued guidelines as an interim measure not only for pedestrian safety, but also for, wearing helmets; wrongful lane driving; dazzling LED lights/strobe lights/unauthorised hooters and framing of Rules by State Governments.
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“Impugned tender condition on past performance was arbitrary, unreasonable and discriminatory and did not have any rational nexus to the object of ensuring effective supply of Sports Kits to the children in State”.
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Litigants might fear that seeking justice through the courts could leave them in a worse position than they were in before initiating legal proceedings. This could seriously impact access to justice and consequently the very rule of law.
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The cash-for-jobs scam pertains to allegations that individuals paid bribes to secure employment in the Chennai Metropolitan Transport Corporation during Senthil Balaji’s tenure as Transport Minister.
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The liquor scam case traces back to a 2022 chargesheet filed by the Income Tax Department in a Delhi Court. According to the Enforcement Directorate (ED), government officials allegedly accepted bribes from liquor distillers in exchange for manipulating liquor procurement through the Chhattisgarh State Marketing Corporation Limited.
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In the present case, CCI had imposed penalties on Kerala Film Exhibitors Federation (KFEF) and its office-bearers for indulging in anti-competitive practices, which were then reversed in part by COMPAT.
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“When a party is unable to analyse, comment or argue on a contention raised by the other party, it will certainly be deemed as a breach of natural justice and thereby, also a violation of the most fundamental notions of justice.”
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“A balance has to be struck to protect individual liberty of accused and to secure an environment that is free from any fear in the hearts of victims of the alleged perpetrators. Although grant of bail is a discretionary exercise, the courts must be cautious to exercise the discretion judiciously.”
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“The case at hand exhibits an exceptional factual prism, impelling a deeper scrutiny beyond the conventional principles governing the subject. Unfortunately, the High Court while passing the impugned order also overlooked the germane factual position and saw the issue as merely being one of cancellation of bail.”
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