Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The complaint case categorically asserted that the nursing home was ‘inadequately and ill equipped’ to handle emergencies during deliveries. There were no allegations that the antenatal care and management of Obstetrician/Gynaecologist, were deficient in any manner.
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“Whether a reserved candidate, who has availed relaxation in fees/upper age limit, to participate in open competition with general candidates may be recruited against unreserved seats, would depend on the facts of each case”.
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“It is cardinal in law that justice must not only be done but must also be seen to be done. It is high time that sometimes those who investigate must also be investigated to keep alive the faith of the public at large in the system”.
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The practice of delay in uploading the reasoned judgment deprived the aggrieved party of the opportunity to seek further judicial redressal, particularly in criminal matters wherein the appeal was dismissed affirming the judgment and order of conviction passed by the Trial Court.
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“Though ‘love thy neighbour’ is the ideal scenario, neighbourhood quarrels are not unknown to societal living. They are as old as community living itself. The question is whether on facts there has been a case of abetment of suicide?”
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Supreme Court reaffirmed that none of the DISCOMs, including GRIDCO could claim priority for power supply based on the date of their agreements or based on any specific coal allocation reference. The principle to be followed was that coal supply must be proportionately allocated among the DISCOMs based on the quantum of energy supplied to them.
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In the present case, the High Court could have examined the petitioner’s grievance, since it is evident from the petition, that the petitioner sought to invoke the twin jurisdiction under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR.
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The case revolved around 2 orders passed by the National Green Tribunal- one order directed the constitution of a Joint Committee to investigate the appellant’s environmental transgressions and the 2nd order imposed compensation of Rs 18 crores.
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The Court stated that if the answer to all the steps is in the affirmative, then judicial conscience of the High Court should persuade it to quash such criminal proceedings, in exercise of power vested in it under Section 482 of the CrPC.
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“To wit through a review application, an apparent error of fact or law is intimated to the court, but no extra reasoning is undertaken to explain the said error”.
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“TET is indeed a qualification, necessary to be held by a person seeking appointment as a teacher in a school. Only upon a person obtaining such qualification can he become eligible for appointment as a teacher”.
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Witness Protection Scheme is a remedial and curative measure, designed to neutralise the effects of threats once they have materialised. Bail cancellation, on the other hand, is a preventive and supervisory function of the criminal court, whose duty is to ensure that the trial proceeds unpolluted by intimidation.
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“In the normal course, we would not have entertained the petition of this nature, but the petitioner is seeking implementation of a relief that he has already got by invoking a remedy under Article 226”
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The petitioner sought multiple reliefs including constitution of a Court appointed Committee to oversee future SSC examinations, including the forthcoming CGL 2025 exam.
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“It is always a matter of utter failure for the system when a culprit, that too of a heinous sexual offence, manages to walk free by entangling the victim in misapplication of procedural rules, without the knowledge of the victim and without any control of the victim”.
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The Court was considering a SLP wherein it was indicated that an order for rejection of anticipatory bail, was not uploaded on the website of Punjab & Haryana High Court.
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Rajasthan High Court has directed a copy of the judgment passed by the trial judge to be sent to the Rajasthan Judicial Academy for the purpose of giving training on judgment writing.
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A Presidential Reference under Article 317 of the Constitution was made before the Supreme Court levelling 6 charges against the accused Arunachal Pradesh Public Service Commission Member and sought her removal from service.
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“We feel that the present case is yet another classic example of lackluster and shabby investigation and so also laconic trial procedure which has led to the failure of a case involving brutal rape and murder of an innocent girl child.”
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In a significant decision, a 3-Judge Bench of the Supreme Court explored the contours of Article 32 of the Constitution to answer whether death sentence which has attained finality, can be revisited at all?
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