Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
A conspiracy was hatched by Vijay Nair along with others to get the undue benefits by circumventing the provisions of the of the excise policy of GNCTD of Delhi for the year 2021-22.
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Without mincing any words, the Court stated that the accused had miserably failed to get himself discharged when he had filed the application under S. 227 CrPC; still however, he filed another vexatious application seeking modification of charge under Section 216 of CrPC to derail the criminal proceedings.
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The case of fake signatures came before the Court, when the petitioner approached the Court in person, stating that he did not know either of the Advocates who were appearing on his behalf and that he came to know of the SLP filed in his name, when the Police Station served notice upon him.
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The Court found that insofar as Section 406, IPC was concerned, no cognizable offence was visible on the face of the record. Furthermore, charges under S. 6 of Dowry Prohibition Act were not made out either, against the appellants
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“Whether the writ Court should exercise its jurisdiction under Article 226 of the Constitution of India or not will depend on the facts and circumstances of each case. However, it is to be noted that a common thread in all the judgments relating to the custody of minor children is the paramount welfare of the child.”
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The Court has affirmed the power of the Arbitrator to grant pre-reference, pendente lite, and post-award interest on the rationale that a person who has been deprived of the use of money to which he is legitimately entitled has a right to be compensated for the same.
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The Court reproached the CBI for embarking on a roving and fishing inquiry on the strength of the CAG Audit Report and then working backwards to sniff out criminal intent against the appellants.
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“All insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under the Act, 1989 unless such insult or intimidation is on the ground that the victim belongs to Scheduled Caste or Scheduled Tribe.”
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“Article 21 being a higher constitutional right, statutory provisions should align themselves to the said higher constitutional edict”
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“For cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same. Whereas, in cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property.”
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The CBI and the ED have claimed that K. Kavitha was involved in the exchange of bribes and money laundering in connection with the Delhi Excise Policy
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In the matter at hand, the Division Bench of High Court upheld a detention order, which was quashed by a coordinate Bench of the same High Court, based on same grounds and material relied.
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The Court emphasised that every State organ, and particularly the wings of the Government associated with environment protection, such as the CECB, must be even more diligent in ensuring timely compliance with the directions of the NGT.
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“Excessive bail is no bail. To grant bail and thereafter to impose excessive and onerous conditions, is to take away with the left hand what is given with the right”
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In the earlier order, the Supreme Court directed CBI to file a status report on the progress in the investigation of the crime at RG Kar Medical College Hospital on 22-08-2024. The State of West Bengal was also directed to file a status report by 22-08-2024 on the progress of the investigation on the acts of vandalism which took place at the Hospital in the aftermath of the incident.
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“The appellants were deprived of their legitimate claim of admission against the UR-GS category due to an erroneous application of the methodology in applying the horizontal and vertical reservation”.
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Supreme Court said that the reservation for the Persons with disabilities has been treated as Horizontal Reservation i.e. the reservation under Clause (1) of Article 16, and not the Vertical reservation i.e. the reservation under Clause (4) of Article 16 of the Constitution of India.
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The Court took serious note of distortions in the chargesheet vis-a-vis attributing certain statements to the protected witness, which he did not make, stating that NIA owes an explanation, and the investigating machinery must be fair.
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“In the event, the candidates who were already appointed on the basis of results of the main examination conducted in September, 2016, if successful in the re-conducted main examination in terms of this order, they would be given continuity of service and consequential benefits upon being appointed against the concerned posts.”- Supreme Court’s direction
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“The applications before the High Court, seeking permission to travel abroad shall be considered and disposed of expeditiously.”
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