Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“The SIT shall be assisted fully by the Central Zoo Authority, the CITES Management Authority, the Ministry of Environment, Forest and Climate Change, and the State of Gujarat, including its Forest and Police Departments. All private persons and entities, including Vantara, shall also extend full co-operation.”
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Karnataka High Court had granted bail to one accused after finding that he was associated with organisations not banned under UAPA; however, the 2nd accused person’s bail was rejected as he was involved with banned terror outfits.
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This matter pertains to the degree of ‘substantial compliance’ with the prescribed Form 25 affidavit, as encapsulated in the proviso to Section 83(1)(c) of the Representation of the People Act, 1951 read with Rule 94-A of the Conduct of Elections Rules, 1961.
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“Article 14 of the Constitution guarantees equality before the law and prohibits arbitrariness. It mandates that all persons — regardless of their popularity, power, or privilege — are equally subject to the law”.
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“The will of the people, expressed through the election result, should be respected, unless it has been corrupted by fraudulent practices, in which case, the court should intervene without hesitation.”
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The Supreme Court noted that since the application of the ABC Rules, 2023 was uniform across the country, and the issues raised in the Suo Moto Writ Petition were likely to arise or had already cropped up in every State, it proposed to expand the scope of the matter beyond the confines of New Delhi and the NCR region.
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The products in the present case are premium and ultra-premium whiskies, targeted at a discerning consumer base, that are likely to exercise greater care in their purchase decisions. The distinct trade dress and packaging reduce any likelihood of confusion.
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The Court opined that continuing such an inhuman practice even after 78 years of the country getting its freedom and after 75 years of the Constitution being enacted and promising social and economic justice to its citizens, would be betraying the promise given by the people of India to themselves.
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“Ad-hocism thrives where administration is opaque and the State Departments must keep and produce accurate establishment registers, muster rolls and outsourcing arrangements, and must explain, with evidence, why they prefer precarious engagement over sanctioned posts where the work is perennial”.
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“We hope that the petitioner is able to make the most of this indulgence granted by us, keeping in mind only the interest of the home buyers.”
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“The compliance as required to be done by the tenant in Section 7(1)(a)(b)(c) and first part of Section 7(2) of the WBPT Act regarding deposit of rent and filing an application within the same time is mandatory”.
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“It is the duty of an employer to ensure that in a workplace an Internal Complaints Committee is constituted in terms of Section 4 of the POSH Act. It is hence the responsibility of the Labour Department to ensure that the Internal Complaints Committee is constituted by every employer of a workplace”.
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“The grant of bail constitutes a discretionary judicial remedy that necessitates a delicate and context-sensitive balancing of competing legal and societal interests.”
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“Insofar as the interpretation of Section 2(zk) and Section 5(2) of the Real Estate (Regulation and Development) Act, 2016. made by the High Court in the impugned Judgment is concerned; it is a matter on which we do not express any opinion, and it is left open in an appropriate case to be considered afresh.”
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The Court clarified that Supreme Court has no administrative control over the administration of the High Court or the Judges of the High Court. The Court firmly stated that High Court Judges are also Constitutional functionaries, and they enjoy the same immunity as is enjoyed by a Judge of the Supreme Court.
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“When public functionaries betray the institutional trust, the consequences are profound and far-reaching and in a constitutional democracy governed by the rule of law, custodial officers must be held to the highest standards of integrity.”
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The case raises a critical legal intersection between debt recovery prosecutions and the insolvency resolution framework. A ruling that could reshape how courts handle cheque dishonour and payment-related offences against financially distressed individuals who are already undergoing insolvency proceedings, thereby preventing procedural overlap from undermining the statutory “fresh start” promised by the IBC.
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The Court pointed out that Section 35 of the A&C Act, 1996 clearly states that an arbitral award will only bind parties to the arbitration and persons claiming under the said parties.
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This matter has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers. We will provide further updates once the reserved order is pronounced.
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The Compulsory Rotating Medical Internship is a mandated practical training program for medical graduates in India. It is a part of their medical education, intended to provide hands-on clinical experience in a hospital setting across various departments. The internship is essential for obtaining a medical degree and gaining the necessary skills to practice medicine professionally.
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