Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The Army personnels were dismissed from the services stating that the relationship certificate with the servicemen/ ex-servicemen, submitted for recruitment, were found to be manipulated and false during the verification.
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The dues shown payable to the appellant was Rs. 13,47,40,819 while the appellant claimed it to be Rs. 43,40,31,951.
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“If a rule is challenged as being ultra vires, the Court must, firstly, determine and consider the source of power, secondly, the meaning of the subordinate legislation, and that whether the subordinate legislation is consistent with and within the scope of the delegated power.”
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Supreme Court remarked that broken relationships and heart breaks are part of everyday life.
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The notification dated 08-10-1985 limits its application for taking away the right of pre-emption only with reference to sale of land falling in the areas of any municipality.
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Supreme Court directed that Sadanand Kadam to be produced before the Special Court within one week from the date of this order.
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Supreme Court observed that “mere delay in trial pertaining to grave offences as one involved in the instant case cannot be used as a ground to grant bail.”
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Record of the Trial Court should be referred to as the ‘Trial Court Record’ and not ‘Lower Court Record’.
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“The order dated 02-01-2024 will not come in the way of competent authorities considering proposals for modifications/alterations in the environmental clearance if the area of the projects had a valid environmental clearance prior to 07-07-2021.”
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“The Tribunal must tread carefully to avoid the oversight of propriety, the practice of ex-parte orders and the imposition of damages amounting to crores of rupees.”
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Supreme Court permitted the appellant to examine the prosecution witness as defense witness and kept it open for the prosecution to cross-examine the said witness.
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All other three similarly situated co-accused persons have been granted bail by the Rajasthan High Court.
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While convicting the said accused under Section 304 Part 2 of IPC, the Court sentenced him to undergo imprisonment for 10 years.
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A fine of Rs. One Lakh was imposed on the victim to meet the medical expenses and rehabilitation of the minor victim.
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“The benefit of duty drawback would take effect from the date of enforcement of the Exim Policy and in case of belated refund of duty drawback, interest rate fixed by the Central Government at the relevant point of time is applicable”.
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“No tribunal, far less a civil court, in exercise of judicial power ought to play ducks and drakes with the rights of the parties.”
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“Clause 29A(d) of Article 366 of the Constitution of India refers not to the transfer of property in the goods to the buyer but to the transfer of the right to use any goods for any purpose for consideration.”
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Supreme Court concluded that both the Courts below “completely misread the material available on record”.
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Any dilution of the forfeiture provided under Rule 9(5) of SARFAESI Rules would result in entire auction process under SARFAESI Act being disregarded by mischievous auction purchasers through sham bids, thereby undermining the overall object of the Act of promoting financial stability, reducing NPAs and fostering a more efficient and streamlined mechanism for recovery of bad debts.
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The identification of forests in Goa is based on forest tree composition, canopy density and minimum area.
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