Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“The approach adopted by the High Court is incorrect and contrary to the well-entrenched principles of considering an application under Order VII Rule 11 of CPC.”
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The burden of proving that there was a failure on the part of the vehicle owner in carrying out due diligence apropos driving licence before employing a person to drive the vehicle is upon the insurance company.
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“Departmental proceedings pending criminal trial would not warrant an automatic stay unless, a complicated question of law is involved. Also, acquittal in a criminal case ipso facto would not be tantamount to closure or culmination of proceedings in favour of a delinquent employee”
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Supreme Court held the statement of an injured eyewitness to be an important piece of evidence, which cannot be easily discarded by a Court, and that minor discrepancies do not matter.
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“The credibility of the evidence is the evidence of the credibility of claim for loss of profit”.
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“There is no concept of serving personnel being deemed Ex-Servicemen, and it is not proper to hold or interpret otherwise, as it would be unjust to many others similarly placed, who were not Ex-Servicemen as on the date of advertisement but came under the category later but did not apply at the relevant time”
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The Supreme Court was deciding the appeal against Allahabad High Court’s order wherein it had held that the petitioner could not continue to challenge the proceedings when he had not raised objections to the charge sheet or cognizance order in his first petition under Section 482 Cr.P.C.
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Supreme Court found the dying declaration to be genuine, true and not tainted with doubt or shrouded with mystery, reflecting the maker to have stated the true story.
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In case of a sloppy trial, the Supreme Court kept scope for Manish Sisodia to file another application for bail.
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Supreme Court considered what would be fair and just compensation to do justice between the parties so that landowners get a fair and reasonable compensation for losing their land.
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“For applying the principles of Res Ipsa Locutor, it is necessary that a ‘Res’ is present to establish the allegation of negligence.”
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“When millions of consumers of justice file their cases by knocking at the doors of the courts of first instance, they expect speedy justice.”
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“For ours is a battle not for wealth or for power. It is a battle for freedom. It is the battle of reclamation of human personality.”- Dr. B. R. Ambedkar
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“Thrusting upon a woman the guilt of having killed a child without any proper evidence, simply because she was living alone in the village, thereby connecting with one another two unrelated aspects; reinforces the cultural stereotypes and gendered identities which the Court has explicitly warned against.”
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Supreme Court wondered “how a Civil Writ Petition for clubbing First Information Reports could be entertained”.
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Supreme Court opined that the interpretation, spirit and object of the Ceiling Act as envisaged during enactment and juxtaposed against the regressive impact experienced in different States as indicated in Statement of Objects and Reasons of the Repeal Act required authoritative determination of related issues by a Larger Bench.
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Supreme Court found the case fit for recalling the witnesses for further cross-examination but added that the power to recall witnesses under S.311 CrPC ought to be exercised sparingly and mere hostility by a witness, per se, would not be sufficient grounds to infer misuse of concession of bail.
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Camouflage and guise to bypass the statutory mandate of pre-litigation mediation should be checked when deception and falsity is apparent or established.
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The PIL sought transfer of cases pending before investigating agencies to any other independent agencies or CBI.
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“Upon India entering into a treaty or protocol does not result in its automatic enforceability in courts and tribunals; the provisions of such treaties and protocols do not therefore, confer rights upon parties, till such time, as appropriate notifications are issued, in terms of Section 90(1).”
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