Supreme Court Archives

[Detention Under COFEPOSA] SC disposes of challenge against Delhi HC’s decision quashing detention orders for being infructuous by efflux of time

The question of law which revolved around right of making representation being seriously jeopardized as detenus were supplied with various documents as parts of relied upon documents (‘RUDs’) which are illegible, incomplete and not readable violating Article 22 (5) of the Constitution of India read with Section 3 (3) of COFEPOSA Act, was kept open.

cause of delay condonation of delay plea supreme court

Case Briefs Supreme Court

Cause, not length, of delay to be examined while considering condonation pleas: Supreme Court

If negligence can be attributed to the appellant, then necessarily the delay which has not been condoned by the Tribunal and affirmed by the High Court deserves to be accepted. However, if no fault can be laid at the doors of the appellant and cause shown is sufficient then we are of the view that both the Tribunal and the High Court were in error in not adopting a liberal approach”.

silicosis prone industries impact SC directions

Case Briefs Supreme Court

Supreme Court directs NGT and NHRC to oversee the impact of Silicosis prone industries and compensation processes respectively

Silicosis is an incurable occupational lung disease caused by prolonged inhalation of silica dust, and it has been rampant throughout India due to inadequate detection, monitoring, and remedial measures.

employee pay scale reduction long time gap

Case Briefs Supreme Court

Decision to reduce employee’s pay scale and recover excess amount can’t be applied retrospectively after a long time gap: SC

The Court further stated that any step of reduction in the pay scale and recovery from a government employee would be like a punitive action because the same has drastic civil and evil consequences.

Case Briefs Supreme Court

[Patanjali Misleading Ads Case] Supreme Court drops contempt charges against Baba Ramdev and Acharya Balkrishna

In February 2024, the Court imposed a temporary ban on misleading advertisements and issued contempt of court notices to Baba Ramdev and Acharya Balkrishna.

Case Briefs Supreme Court

SC issues notice on tenant’s plea concerning his right to receive notice of demolition u/S. 400 of KMC Act after regularisation; Stay on demolition continues

Supreme Court initially took up this matter on 6-08-2024 and stayed the demolition of the subject premises of petitioner till 9-08-2024.

Case Briefs Supreme Court

SC quashes NDPS case against man falsely implicated in 1.75 Kg ganja dealing after 4 years due to lack of evidence

The investigation against the accused was initiated as the main accused had named him but later it was discovered that it was a false accusation, as wife of the main accused had some disputes going on with accused person’s wife, hence, he was falsely implicated.

13-year-old-murder case supreme court acquittal

Case Briefs Supreme Court

Supreme Court acquits persons accused in 13-year-old murder case as prosecution fails to establish guilt convincingly

While exercising jurisdiction under Article 136 of the Constitution, the Court does not interfere with the concurrent findings recorded by the courts below, until and unless the evidence has not been properly appreciated, material aspects have been ignored and the findings are perverse.

Case Briefs Supreme Court

Supreme Court partly stays hijab ban by Mumbai College; Issues notice to College

Supreme Court said that it hopes and trust that the said interim order will not be misused by anybody, and clarified that it will be open to the College to move an application for vacation of this order, in case of misuse

Arbitration Act 1940 award compound interest

Case Briefs Supreme Court

Arbitration Act, 1940 doesn’t empower Arbitrator or Court to award interest upon interest or compound interest: Supreme Court

“There is no dispute as to the power of the courts to award interest on interest or compound interest in a given case subject to the power conferred under the statutes or under the terms and conditions of the contract; but where no such power is conferred ordinarily, the courts do not award interest on interest”.

Case Briefs Supreme Court

Delhi Excise Liquor Policy Scam| Supreme Court grants bail to Manish Sisodia in both ED and CBI cases

“It will be travesty of Justice if he has to be relegated to Trial Court again. Sisodia has been deprived of the right to speedy trial, which is a sacrosanct right”.

Case Briefs Supreme Court

Supreme Court grants bail to Sunil Agrawal, Promoter of Indermani Group, in Money Laundering case

Supreme Court had previously released Sunil Agrawal on interim bail vide order dated 17-05- 2024 and had noted that he had made out a prima facie strong case for his enlargement on interim bail.

Case Briefs Supreme Court

Mere attempt to overtake vehicle not Negligence; Supreme Court enhances MACT compensation from Rs.1,01,250 to Rs.11,25,000

Regarding appellant’s attempt to overtake a vehicle, the Court stated that he was doing an act which is an everyday occurrence on the road, but resultantly suffered extensive injuries himself. Furthermore, it was proved that the offending vehicle was being driven rashly and negligently.

Case Briefs Supreme Court

Explained| Supreme Court verdict on NEET UG 2024

“Courts may direct the cancellation of an examination or approve such cancellation by the competent authority only if it is not possible to separate the tainted candidates from the untainted ones.”

Case Briefs Supreme Court

Proof of application for Certified Copy from HC must while seeking exemption in filing Certified Copy of Judgment with SLP: Supreme Court

The Supreme Court issued practice direction to be followed by all litigants who propose to file special leave petitions both in civil and criminal matters with effect from 20-08-2024.

Case Briefs Supreme Court

SC stays Andhra Pradesh HC’s order granting 4.5-year-old child’s custody to father and allowing to take him back to USA

The mother in her undertaking stated that she got a job in Consulate General of India’s office at San Francisco, and that she had applied for US citizenship and duly attended for interview. She had also undertaken to ensure the admission of her son in a good school, co-operation with father and facilitation of visits to son.

Case Briefs Supreme Court

Murder over a ‘Mango’: Supreme Court converts life imprisonment to 7 years rigorous imprisonment with fine

Supreme Court noted that this is not a case of pre-planned murder as the incident started with a fight between children for “mangoes” which unfortunately flared up when the adults of the families also got involved which ultimately led to the deceased, the father of one of the children, being killed.

Case Briefs Supreme Court

SC issues notice in PE teacher’s plea for a higher pay scale after attaining Master’s degree subsequent to joining

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.

Case Briefs Supreme Court

Judge hearing application under S. 34 Arbitration Act must apply mind to grounds of challenge and deduce whether interference is required: SC

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.

Case Briefs Supreme Court

SC calls for performance audit of Maharashtra Slum Areas Act; Emphasises on review of implementation of Statute to ensure Rule of Law

“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.”