Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“An important question has been raised in these bunch of petitions, including Public Interest Litigations, before this Court. The question, petitioners would argue, goes to the very root of the functioning of a democracy – the question of ‘Right to Vote’ of the electorate.”
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The property proposed for substitution comprises unsold commercial units within the project titled “M3M Broadway,” located in Village Fazilpur Jharsa, Gurugram, Haryana.
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Supreme Court has stepped in to examine whether SREI Equipment Finance Ltd, is bound by circulars issued by the Reserve Bank of India. The case arises amid a challenge to the company’s proposed debt assignment under the Swiss Challenge Method, with the Court granting an interim stay and setting the next hearing for August 5, 2025.
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Jagan Moorthy’s application for anticipatory bail was rejected by the Madras High Court on 27-06-2025, on the ground that there was prima facie material indicating his involvement in the alleged offence.
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The development comes in the wake of a recent controversy over the Enforcement Directorate’s summons to Senior Advocates Arvind Datar and Pratap Venugopal, which has raised serious concerns within the legal fraternity about the sanctity of client-counsel confidentiality and the independence of the legal profession.
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The case pertains to alleged exploitation of PPL’s sound recording in the bars and restaurants owned by Azure Hospitality without taking any license from PPL.
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“We are at pains to observe that authorities, entrusted with the solemn duty of safeguarding life and liberty treat it with such casual indifference, truly a case of the fox guarding the henhouse.”
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Being explanatory in nature, the Circular in question cannot be construed as an adoption of a fresh fiscal regime for rebate of customs duty, intended to affect vested rights or impose new burdens upon the Department. It was passed to resolve the ambiguity qua the meaning & threshold of the previous Notifications.
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“There is no need for an explicit written arbitration agreement to attract Section 11 of the SARFAESI Act. The provision creates a legal fiction as regards the existence of an arbitration agreement”
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It had been alleged that the while serving as Principal District Judge, the petitioner had misappropriated Rs 14,35,000 which was allegedly deposited as bail surety.
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The 2019 Howrah District Court assault case revolved around a violent confrontation on 24-04-2019, between lawyers and police personnel at the Howrah District Court complex in West Bengal.
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“It is rather unfortunate that the Complainant being an officer of the State has initiated criminal machinery in such a manner, where the aged parents-in-law, five sisters and one tailor have been arrayed as an accused.”
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“The expression “hearing the submissions of the accused” cannot mean opportunity to file material to be granted to the accused and thereby changing the settled law. At the stage of framing of charge hearing the submissions of the accused has to be confined to the material produced by the police.”
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The Court opined that the appellant was entitled to a level of maintenance that is reflective of the standard of living she enjoyed during the marriage, and which reasonably secures her future.
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“The State cannot have any objection to the accused and his wife residing together inasmuch as they have been married as per the wishes to their respective parents and families.”
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The lawyer was convicted by the Trial Court and sentenced to 18 months of simple imprisonment under Section 509 of the Penal Code, 1860 for outraging the modesty of a woman.
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The right to close down a business is an essential part of the fundamental right to carry on any occupation, trade or business under Article 19(1)(g) of the Constitution.
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The High Court in direct contravention of the Selvi v. State of Karnataka, (2010) 7 SCC 263 accepted the submission of the Sub-Divisional Police Officer, Mahua, that she would conduct narco-analysis test of all the accused persons and other witnesses, during the investigation.
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“Even the Police are under an obligation to carry out a fair investigation. This is a crucial aspect of fairness. The objective of the investigation is to ensure that the real culprits are brought to justice. The legal system must ensure that an innocent person is not punished.”
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“The subsequent acts of cleaning up the crime scene and making false enquiries amount to disappearance of evidence and raise grave suspicion against the convict. However, mere suspicion, no matter how grave, cannot take the place of proof in a criminal trial”.
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