Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
Supreme Court said that the finding of the Trial Court on the ground to proceed against the accused is based on suppositions and suspicions, having no foundational support from the materials produced by the prosecution.
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The Telangana High Court’s order quashing the cheating case against BMW was upheld and the direction for the replacement of the old defective vehicle with a new vehicle was set aside.
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In 2022, the Supreme Court had stayed the criminal prosecution against the accused Army men, after noting that the sanction under AFSPA has not been obtained.
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The Committee shall identify the number of investors and database of investors, and also determine the amount to be refunded to each investor. An Escrow Account with a bank designated by SEBI, shall be opened and all sale proceeds shall be deposited in that interest-bearing account.
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“Administrative bodies must have the freedom to establish and implement internal procedures and regulations that best suit their unique mandates and operational needs”
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“People do not purchase the high-end luxurious cars to suffer discomfort more particularly when they buy the vehicle keeping utmost faith in the supplier who would make the representations in the brochures or the advertisements projecting and promoting such cars as the finest and safest automobile in the world.”
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“Any undue indulgence and latitude to the ED will be deleterious to the constitutional values of rule of law and life and liberty of persons. An officer cannot be allowed to selectively pick and choose material implicating the person to be arrested. They have to equally apply their mind to other material which absolves and exculpates the arrestee.”
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In the case at hand, the husband had argued that in view of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is not entitled to maintain a petition under Section 125 of the CrPC and has to proceed under the provisions of the 1986 Act.
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Supreme Court clarified that this order will not stand in the way of the State Governments independently taking an appropriate decision
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The State of West Bengal had challenged the CBI’s action of registering Suo moto cases for offences that occurred within its territory without any direction from the competent court or prior consent by the State.
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The Chairperson has been authorized to constitute separate or joint SearchcumSelection Committees for one or more Universities, keeping in view the nature of subjects/disciplines.
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“If the breach of the exam’s sanctity is widespread and if it is not possible to segregate tainted and untainted candidates, a retest may be ordered, but if beneficiaries are identified and limited, then a retest won’t be needed”
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“Words cultivate institutional discrimination. Terms such as “cripple” and “spastic” have acquired devalued meanings in societal perceptions about persons with disabilities. They contribute to the negative self-image and perpetuate discriminatory attitudes and practices in society.”
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The Court was considering whether a bail condition requiring an accused to share Google Maps Pin with the investigating officer to access his location violates right to privacy guaranteed under Article 21 of the Constitution.
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“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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