Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
Supreme Court reiterated that where a citizen aggrieved by an action of the government department has approached the court and obtained a declaration of law in his/her favour, others similarly situated ought to be extended the benefit without the need for them to go to court.
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“The nature and location of the injuries inflicted, the choice of weapon, and the circumstances of the attack unequivocally establish the liability of the convict for causing the death of the deceased.”
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Justice (Retd.) K. Ramakrishnan of Kerala High Court has been appointed as Administrative Head to conduct the election for the administration and management of the temple and its allied institutions, in a free and fair manner. There were serious disputes in administering and managing the temple and its institutions by the Administrative Head appointed by the Kerala High Court.
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Supreme Court remarked that it was unclear why the Judge of the High Court, despite reserving judgment 14 months ago, had not delivered the judgment or disposed of the petition.
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“Though the Government adopts systematic approach in handling the legal issues and preferring the petitions/applications/appeals well within the time, due to the fault on the part of the officials in merely communicating the information on time, huge revenue loss will be caused to the Government exchequer.”
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Bose has been provided with ‘X’ category security since 10-04-2019 because of the perception of threat, both on account of his enmity with the TMC’s sitting MP Kalyan Banerjee due to matrimonial feud as well as his alliance with the party at the Centre (BJP).
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The Court said that Government should have been sympathetic to the widow of a deceased soldier who died in harness instead of dragging her to the Court.
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Supreme Court observed that ED had ample time to file the counter affidavit.
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The husband of one of the Judicial Officers alleged that she along with another Judicial Officer and Public Prosecutor violated the guidelines laid down in the Arnesh Kumar case; and that he was illegally arrested from his residence at off hours, pursuant to matrimonial matter.
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“The right of the accused to defend himself in a criminal trial is guaranteed by Article 21 of the Constitution of India. He is entitled to a fair trial. But if effective legal aid is not made available to an accused who is unable to engage an advocate, it will amount to infringement of his fundamental rights guaranteed by Article 21”
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“But, when the fact of receipt of payment or an agreement to receive the gratification stands proved, there is a clear case of nexus or corroboration and the presumption itself is irrelevant. Section 20 gets attracted when it is proved that the public servant has accepted or agreed to accept any gratification other than legal remuneration and, in that case, presumption is that it is the motive or reward for any of the acts covered under Section 7, 11 or 13(1)(b) of the Act.”
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The petitioner alleged that S. 111 of Nyaya Samhita, 2023 is being misused as a tool to stifle the voice of the opposition party.
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“Promotion only becomes effective upon the assumption of duties on the promotional post and not on the date of occurrence of the vacancy or the date of recommendation.”
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“Mere filing under Section 89(4) of the Registration Act itself is sufficient when a copy of the sale certificate is forwarded by the authorised officer to the registering authority. As long as the sale certificate remains as it is, it is not compulsorily registrable. It is only when the auction purchaser uses the certificate for some other purpose that the requirement of payment of stamp duty, etc. would arise.”
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“To convict a person for abetment of suicide under Section 306 IPC, there has to be a clear mens rea on the part of the accused to abet such a crime and it requires an active act or a direct act leading to the commission of suicide.
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Supreme Court directed that a 64.7% enhancement in compensation would apply in rem, ensuring that uniform benefits would be provided to all affected landowners under the present land acquisition process.
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“The true thrust of every selection process ought to be to find out and select suitable candidates, having experience in the related work and fulfilling other criteria, from among eligible candidates and to go ahead with appointing the more meritorious of those found suitable”.
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In the instant case, the Court rejected the appellant’s contention that caste would be under eclipse upon conversion and will resume upon reconversion.
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“Hindu Women’s right to maintenance is not by virtue of any statute, but is found in Shastric Hindu law; maintenance has to be proper, appropriate and adequate, giving the woman so maintained the ability to continue to live the life, similar to what she once lived.”
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The Court further observed that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence.
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