Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“The cross examinations are adjourned routinely which can seriously prejudice a fair trial and this practice is not healthy. The Courts should be slow in deferring cross-examinations. The mandate of Section 231 of the CrPC must be followed in its letter and spirit.”
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“The impugned order passed by the Delhi High Court adequately protects the interests of the Federation as all the appointments have been made subject to the outcome of the pending Writ Petition”
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The Bar Association wanted the State Government to bear the electricity expenses of the Bar rooms used for setting the client, conference rooms, etc. in the accommodation within the court premises.
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“Section 102(3) was inserted by way of an amendment only in the year 1978, which reintroduced the reporting obligations of police officer to the Magistrate, as it originally existed in the 1882 Code. It also empowered the seizing officer to give custody of the seized property to any person, on such person executing a bond undertaking to produce the property before the Court as and when required.”
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In the matter at hand, the Court directed the tenant to deposit Rs.5,15,05,512/-, considering the location of the demised premises in the heart of Kolkata, the rent, the alleged non-payment of rent, the default in payment of interest, as alleged.
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“Such acquisition must be either by way of inheritance or devise, or at a partition or in lieu of maintenance or arrears of maintenance or by gift or by her own skill or exertion, or by purchase or by prescription.”
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Supreme Court said that while we are holding that the requirement of an authorization or an empowerment is mandatory for conveying a complaint, it being at the conclusion of investigation, would not preclude the investigating agency from complying with it thereafter.
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“The wife took advantage of the settlement executed before the Mediator and managed to get the matrimonial case instituted by the husband withdrawn and also accepted a sum of Rs. 50 lakhs from the husband as permanent alimony.”
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“Bail once granted, ought not to be cancelled in a mechanical manner, however, an unreasoned or perverse order of bail is open to interference by the superior Court.”
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The wife was found dead in the house in May, 1990. It was after several attempts for years, that the husband was apprehended on 09-08-2000 nearly ten years after the incident.
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The Supreme Court rejected to halt the demolition of the temple but clarified that the Temple Samiti was not precluded from pursuing its remedies before the High Court in the pending proceedings.
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“The seven sub-rights may be procedures, but they do constitute the real content of the right to property under Article 300A, non-compliance of these will amount to violation of the right, being without the authority of law.”
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“The Courts ought not to prematurely and without identification of individual instances of ‘alienating behaviour’, label any parent as propagator and or potential promoter of such behaviour and that this label has far-reaching implications which must not be imputed or attributed to an individual parent routinely.”
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The appellant paid the stamp duty of Rs.25,34,350 and purchased the stamp duty for registration of conveyance deed. However, the conveyance deed was not registered as the vendor had earlier sold the property in question to a third party in 1992.
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“The abandonment of the claim can be either express or implied. The abandonment cannot be readily inferred. There is an implied abandonment when admitted or proved facts are so clinching that the only inference which can be drawn is of the abandonment.”
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Paper-I (Practice and Procedure of the Supreme Court) of the Advocates-on-Record (AoR) Examination held on 10 June 2024 stands cancelled in view of the technical glitches experienced by candidates appearing for computer-based examination at the examination centre.
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The Court allowed the ‘indigent woman’ to file an appeal as an ‘indigent person’, as her indigency was not extinguished by the compensation awarded, for she did not actually receive the money at the time of filing the appeal.
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“We are conscious of the legal position that we should be we are slow in interfering with the order when the bail has been granted by the High Court, however it is equally well settled that if such order of granting bail is found to be illegal and perverse, it must be set aside.”
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Supreme Court noted that the Division Bench of Bombay High Court, only denied equitable relief under Article 226 of the Constitution of India to the appellants but at the same time, rights of the appellants to claim relief in law before the appropriate forum have been protected.
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The Court did not grant relief to Sisodia in his bail plea against Delhi High Court’s decision but granted him the liberty to revive his prayer afresh after filing of the final complaint/Charge sheet on or before 03-07-2024, after considering the assurance by Prosecution.
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