Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
A faculty member of WBNUJS had alleged that the Vice-Chancellor had sexually harassed her and threatened her with dire consequences vis-a-vis her career.
Continue reading
While the Supreme Court directed re-sealing of Justice Chelameswar led SIT Report, it also directed that summary of the investigation, finding and recommendations of the SIT shall form part of the Order copy.
Continue reading
The Court also specified 6 Key Areas of focus for Project Ability Empowerment and directed the Centre to present their explanation on issues concerning Reservation for the differently abled.
Continue reading
“The grounds on which a legislation can be declared invalid is with regard to the legislative competence of legislature or that such a legislation is in contravention of any of the fundamental rights stipulated in Part III of the Constitution or any other provision of the Constitution or that it is manifestly arbitrary.”
Continue reading
Where two views were possible, the one favourable to the accused had to be adopted. In the instant case, the prosecution failed to prove motive, the ‘last seen theory’ stood contradicted, and the scientific evidence was marred by inconsistencies and loopholes. In such circumstances, it was held wholly unsafe to uphold the conviction, much less the extreme penalty of death.
Continue reading
The appellant had alleged that he was assaulted by unknown persons during riots and was eyewitness to the murder of another victim; however, the Akola City Police Department failed to discharge their duties vis-a-vis the appellant’s medico legal case.
Continue reading
The Supreme Court of India has barred photography and videography inside its High Security Zone, empowering security personnel to restrict violators and directing disciplinary action against advocates, litigants, interns, media personnel, and staff found breaching the new guidelines.
Continue reading
“The High Court failed to consider these relevant issues which clearly demonstrate that the uncontroverted allegations in the chargesheet, in the teeth of order dated 25-04-2018 do not disclose essential ingredients of cheating or forgery.”
Continue reading
The complaint case categorically asserted that the nursing home was ‘inadequately and ill equipped’ to handle emergencies during deliveries. There were no allegations that the antenatal care and management of Obstetrician/Gynaecologist, were deficient in any manner.
Continue reading
“Whether a reserved candidate, who has availed relaxation in fees/upper age limit, to participate in open competition with general candidates may be recruited against unreserved seats, would depend on the facts of each case”.
Continue reading
“It is cardinal in law that justice must not only be done but must also be seen to be done. It is high time that sometimes those who investigate must also be investigated to keep alive the faith of the public at large in the system”.
Continue reading
The practice of delay in uploading the reasoned judgment deprived the aggrieved party of the opportunity to seek further judicial redressal, particularly in criminal matters wherein the appeal was dismissed affirming the judgment and order of conviction passed by the Trial Court.
Continue reading
“Though ‘love thy neighbour’ is the ideal scenario, neighbourhood quarrels are not unknown to societal living. They are as old as community living itself. The question is whether on facts there has been a case of abetment of suicide?”
Continue reading
Supreme Court reaffirmed that none of the DISCOMs, including GRIDCO could claim priority for power supply based on the date of their agreements or based on any specific coal allocation reference. The principle to be followed was that coal supply must be proportionately allocated among the DISCOMs based on the quantum of energy supplied to them.
Continue reading
In the present case, the High Court could have examined the petitioner’s grievance, since it is evident from the petition, that the petitioner sought to invoke the twin jurisdiction under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR.
Continue reading
The case revolved around 2 orders passed by the National Green Tribunal- one order directed the constitution of a Joint Committee to investigate the appellant’s environmental transgressions and the 2nd order imposed compensation of Rs 18 crores.
Continue reading
The Court stated that if the answer to all the steps is in the affirmative, then judicial conscience of the High Court should persuade it to quash such criminal proceedings, in exercise of power vested in it under Section 482 of the CrPC.
Continue reading
“To wit through a review application, an apparent error of fact or law is intimated to the court, but no extra reasoning is undertaken to explain the said error”.
Continue reading
“TET is indeed a qualification, necessary to be held by a person seeking appointment as a teacher in a school. Only upon a person obtaining such qualification can he become eligible for appointment as a teacher”.
Continue reading
Witness Protection Scheme is a remedial and curative measure, designed to neutralise the effects of threats once they have materialised. Bail cancellation, on the other hand, is a preventive and supervisory function of the criminal court, whose duty is to ensure that the trial proceeds unpolluted by intimidation.
Continue reading