Supreme Court

This column will list all the case briefs on the decisions of the Supreme Court

PE teacher’s plea
Case BriefsSupreme Court

Supreme Court noted that petitioner assails the impugned order on ground that the High Court failed to appreciate that the post of PE Teacher stands on a different footing than a teacher in other subjects, as there is no separate category of “Pass Graduate or Hons. Graduate” and there is only one examination for the ‘Pass Graduate’ category for the post of PE Teacher.

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S. 34 Arbitration Act
Case BriefsSupreme Court

Supreme Court requested the Chief Justice of the Delhi High Court to assign the hearing of the petition under Section 34 to a Judge other than the Judge who heard and passed the impugned order.

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Maharashtra Slum Areas Act
Case BriefsSupreme Court

“Legal reform through legislative correction improves the legal system and it would require assessment of the working of the law, its accessibility, utility and abuse as well. Executive branch has a constitutional duty to ensure that the purpose and object of a statute is accomplished while implementing it, along with duty to closely monitor the working of a statute and must have a continuous and a real time assessment of the impact that the statute is having.”

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Enrolment fees
Case BriefsSupreme Court

Supreme Court declared that the judgment would have a prospective effect, thus the Bar Councils are not required to refund the enrolment fees collected more than the statutory amount so far.

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District Judicial Service
Case BriefsSupreme Court

The imposition of such a requirement was manifestly proper, as judicial officers are required to appreciate the evidence in the State’s language.

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GM mustard
Case BriefsSupreme Court

“When a legislative body enacts a legislation there is a presumption of constitutionality unless proven otherwise, similarly, a policy decision when taken by the competent authority enters the fray of enforcement with a presumption in its favour of being in public interest, unless otherwise shown, demonstrated and proven to be among other grounds, manifestly arbitrary.”

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Stay of bail order
Case BriefsSupreme Court

“An order granting a stay to the operation of the order granting bail during the pendency of the application for cancellation of bail should be passed in very rare cases”

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GM mustard
Case BriefsSupreme Court

“The failure to adequately assess health and environmental impact of Genetically Modified crops seriously infringes upon intergenerational equity as it potentially endangers the ability of future citizens to enjoy the highest attainable standard of health.”

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Lakhimpur Kheri violence
Case BriefsSupreme Court

In Lakhimpur Kheri violence, four farmers, one journalist, the driver of one of the vehicles, and two others, were killed. Nearly ten farmers suffered major and minor injuries

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City Manager under UDHD
Case BriefsSupreme Court

“The only criteria for minimum qualifying marks have been mentioned in the Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 and the advertisement, which states that 32 % for women is the minimum qualifying marks for the written test (70 marks) and not out of 100 marks as interpreted by BSSC.”

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NEET UG 2024
Case BriefsSupreme Court

On 22-07-2024 the Supreme Court has asked the Director of IIT, Delhi to constitute a three-member expert committee to give their opinion regarding the correct answer to a multiple-choice question of NEET-UG 2024, for which the NTA awarded marks for two options.

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S. 19(b) Specific Relief Act
Case BriefsSupreme Court

Section 19(b) provides that a specific performance of a contract may be enforced against any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract.

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Kanwar yatra
Case BriefsSupreme Court

The State of Uttar Pradesh, Uttarakhand and Madhya Pradesh issued the direction amidst preparations for the Kanwar Yatra, directing the shops and eateries to display the names, addresses, mobile numbers of owners and their staff.

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Double murder in broad daylight
Case BriefsSupreme Court

“The judicial system of our country often finds itself grappling with the pervasive issues of prolonged delay and suspected political influence within the legal proceedings.”

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Watali Judgment
Case BriefsSupreme Court

In Zahoor Ahmad Shah Watali v. National Investigating Agency, 2018 SCC OnLine Del 11185, the accused under various provisions of IPC and UAPA was released on bail by the High Court, conducting a mini trial and determining admissibility of certain evidence which clearly exceeded the limited scope of a bail proceeding, hence, the Supreme Court in NIA v. Zahoor Ahmad Shah Watali, (2019) 5 SCC 1, cancelled the said grant of bail.

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Border Tax
Case BriefsSupreme Court

Supreme Court said the petitioners must consider challenging the State provision in the Act and that they should have first approached their jurisdictional High Courts to challenge their respective State enactments.

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insufficiently stamped instrument
Case BriefsSupreme Court

Should the Court find the instrument to be chargeable with duty, but it is either not stamped or is insufficiently stamped, it is bound by Section 33 of the Karnataka Stamp Act, 1957 to impound the same. Section 34 also places a fetter on the Court’s authority to admit an instrument which, though chargeable with duty, is not duly stamped.

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Bigamy
Case BriefsSupreme Court

“The deserved punishment proportionate to the gravity of the offence is a continuous and continuing demand based on civic sense and unfailing in categories of serious offences where more than individual interest is also involved, the above rule of proportionality in providing punishment should not failed as otherwise it will impact the society.”

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Reservation for transgender persons
Case BriefsSupreme Court

In National Legal Services Authority v. Union of India, (2014) 5 SCC 438, the Court directed the Centre and State Governments to treat transgender persons as ‘Socially and Educationally Backward Classes’ of citizens and extend reservation in admission in educational institutions and for public appointments.

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Army Welfare Education Society
Case BriefsSupreme Court

“Legitimate expectation, jurisprudentially, was a device created to maintain a check on arbitrariness in state action. It does not extend to and cannot govern the operation of contracts between private parties, wherein the doctrine of promissory estoppel holds the field.”

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