Supreme Court upholds Gauhati HC order directing Nagaland to ensure salary parity for RMSA teachers
The Court also vacated the previously granted interim order.
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This column will list all the case briefs on the decisions of the Supreme Court
Encashment of bank guarantees offered as security cannot be treated as payment of customs duty: Supreme Court
“Under the scheme of the Customs Act, 1962, duty is assessed provisionally or finally whereafter an assessment order or order-in-original is passed. Post assessment order or order-in-original, the concerned importer is required to pay the assessed duty”.
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Supreme Court restores minimum three-year legal practice requirement for eligibility in civil judge exams
Supreme Court clarified that the three-year period of legal practice would be counted from the date of provisional enrolment as an advocate, and not from the date of passing the All-India Bar Examination (AIBE), recognizing the varying schedules of the AIBE across jurisdictions.
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Supreme Court upholds ‘One Rank One Pension’ for all retired High Court Judges; Orders equal and full pension
“A retired Judge of the High Court shall also include such of the retired Judges of a High Court who have retired as Additional Judge of the High Court”
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S. 25 HMA | SC stays Gujarat HC order remanding matter to Family Court for reconsideration on issue of Permanent Alimony; Issues notice
The Family Court while decreeing the dissolution marriage, had directed the appellant-husband to pay a sum of Rs. 70 lakhs towards permanent alimony to the respondent-wife.
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[Forest Conservation] | Supreme Court directs constitution of SITs to investigate illegal conversions of Forest Land
In the instant case, reserved Forest Land in Village Kondhwa Budruk, Pune was allotted to private builders after bypassing the doctrine of public trust, thereby revealing an unholy nexus of Politicians, Bureaucrats and the Builders.
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Supreme Court urges sensitization of officials and creation of more POCSO Courts to combat delays in child rape trials
“In our opinion, since the timelines have been stipulated under the POCSO Act for all stages right from the stage of Investigation up to the stage of Trial, the same must be adhered to as far as possible. Because of the inadequacy of the number of exclusive Courts for the POCSO Cases, the said timelines mandated in the Act for completion of the trials are not being maintained.”
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Claims can’t be bisected into arbitrable and non-arbitrable at the stage of appointment of arbitrator under Section 11 of A&C Act: Supreme Court
“The High Court erred in bisecting the claim of the appellant into two parts, one arbitrable and the other non- arbitrable, when it found arbitration agreement to be there for settlement of disputes between the parties.”
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Supreme Court directs High Courts to frame or amend rules for recruitment and service conditions for Court Managers; Issues directions for their regularisation
“The Court Managers having served for years, after rendering their services for such a long period, if they are not made permanent and are to be thrown away at this stage, it would cause a great hardship to them”
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Supreme Court urges courts to exercise suo motu powers in cases involving misleading arbitration clauses drafted by lawyers
“What is most shocking to our judicial conscience is the incontrovertible reality that the parties in the present cases have spent nigh a decade acrimoniously litigating over the method of dispute resolution itself, while their actual qualms against each other remain deeply buried under the surface—effectively stuck in limbo.”
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Supreme Court proposes framing of mandatory guidelines for expeditious appraisal of criminal appeals
“We say so being fully cognizant of the fact that the judiciary’s efficient functioning is a necessary pre-requisite to maintain the trust and faith of the consumers of justice in the justice delivery system”.
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‘Experience shows that points-based assessment is not flawless’; Breakdown of SC’s new take on Senior Advocate Designation process
“The point-based process deserves deletion in exercise of powers reserved in paragraph 74 of Indira Jaising-1. When we do this, it will not amount to a review or recall of the decisions. After finding that the point-based assessment is not workable, we will be failing in our duty if we fail to do what we are expected to do.”
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Supreme Court acquits husband in 498A IPC case, expresses concern over misuse of dowry and cruelty provisions
The term “cruelty” is subject to rather cruel misuse by the parties, and cannot be established simpliciter without specific instances, to say the least. The tendency of roping these sections, without mentioning any specific dates, time or incident, weakens the case of the prosecutions, and casts serious suspicion on the viability of the version of a Complainant.
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There can be a departure from the Schedule of Employees’ Compensation Act, 1923 in deciding functional disability: Supreme Court
“A careful reading of the provisions clearly demonstrates that if more than one injury is caused in the same accident the amount of compensation payable under the Act shall be aggregated, but not to the extent of such aggregation exceeding the amount which would have been payable if permanent total disablement had resulted from the injuries.”
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High Court cannot dismiss substantive portion of suit while hearing appeal against rejection of interim injunction: Supreme Court
The Supreme Court was considering an appeal appeal against an order of the High Court dismissing the suit while considering an application for an injunction.
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Supreme Court acquits accused in 14-year-old murder case whose acquittal was reversed by HC relying on testimony of the Investigating Officers
In this 14-year-old cold-blooded case, the deceased was hacked to death in front of his own son. During the trial, 71 out of 87 witnesses turned hostile including the relevant ones, thereby leading to the collapse of the prosecution case before Trial Court.
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‘High Court misapplied S. 319 CrPC by prioritising unproved defence documents over sworn testimony’; Supreme Court restores summoning order in abetment to suicide case
“If the allegations are true, telling a physically challenged man that he and his family should die, and doing so in the immediate aftermath of a grievous acid attack, is not banter. Sensitivity to the social context, where honour and shame weigh heavily, was called for. The offence, no doubt, will have to be established at the trial.”
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Can a dispute raised by an insured be referred to arbitration after issuing full and final discharge voucher to the insurer? Supreme Court answers
“The doctrine of Kompetenz-Kompetenz is now firmly embedded in the arbitration jurisprudence in India. This doctrine is based on the principle that an arbitral tribunal is competent to rule on its own jurisdiction including on the issue of existence or validity of an arbitration agreement”
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Only valid and subsisting DSR can form basis for environmental clearance; draft DSR legally untenable: Supreme Court upholds NGT order
“The illicit sand trade often operates under the shadow of organised crime, undermining the rule of law and weakening governance structures. Therefore, absolute standards with tough policies, strict enforcement and quick accountability are compelling for effective regulatory control.”
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Supreme Court quashes criminal charges against anti-human trafficking activists branded as criminals for raid to rescue bonded labourers and minor children from brick kiln
“When profile of the allegations emerging from the factual matrix of the case renders existence of mens rea patently absurd or inherently improbable, such prosecution is liable to be quashed as an abuse of process of law.”
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