SC directs Registry to stop referring to Trial Courts as Lower Courts
Record of the Trial Court should be referred to as the ‘Trial Court Record’ and not ‘Lower Court Record’.
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This column will list all the case briefs on the decisions of the Supreme Court
Supreme Court clarifies stay on MoEFCC’s office memoranda permitting ex post facto environmental clearance
“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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SC disapproves NGT’s frequent ex-parte orders; says ‘a beacon of environmental protection must balance between justice and due process’
“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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No bar to examine discharged prosecution witness as defense witness: Supreme Court
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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Supreme Court grants bail to 24-year-old boy imprisoned for more than 15 months in NDPS case
All other three similarly situated co-accused persons have been granted bail by the Rajasthan High Court.
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Know why Supreme Court modified murder conviction to Section 304 part 2 of IPC for one out of four accused
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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POCSO| Supreme Court sentences 45-year-old man to 30 years imprisonment for raping 7-year-old girl in temple
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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SC upholds Karnataka HC’s decision granting 15% interest on belated refund of Duty Drawback to Civil Construction under Exim Policy 1992-1997
“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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Inside Supreme Court verdict on importance of question of jurisdiction at the stage of granting interim relief
“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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When does hiring of motor vehicles give rise to transfer of right to use any goods and amount to sale under Art. 366 (29A) (d)? Supreme Court answers
“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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Know what led the Supreme Court to set aside private tutor’s conviction in 1996 Rape Case
Supreme Court concluded that both the Courts below “completely misread the material available on record”.
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Banks can forfeit entire earnest money and not just extent of loss suffered by it due to auction purchaser’s default: SC
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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Identification of private forests in Goa| ‘No uniform criteria due to distinctive geographical features’; SC holds existing criteria valid
The identification of forests in Goa is based on forest tree composition, canopy density and minimum area.
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Omission to label demolition notice with provision under which it was issued would not make it nugatory if substance clearly stated: SC
‘Eviction proceedings under Section 16(1)(i) and (k) of the Maharashtra Rent Control Act, 1999 have different degrees of urgency, the former has a lesser degree of urgency than later, and it is within the jurisdiction of the Court to test this factor.’
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SC grants interim protection from arrest to Odisha MLA Jayanarayan Mishra in woman police officer’s assault case
Supreme Court, while granting interim protection from arrest to Jayanarayan Mishra, issued notice and Dasti notice to the Standing Counsel for the State.
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‘High Court desisted from exercising contempt jurisdiction despite finding contemnor guilty’; Supreme Court sets aside Calcutta HC stay order
Supreme Court reiterated that in addition to punishing a contemnor for disobeying its orders, the Court can also ensure that such a contemnor does not continue to enjoy the benefits of his disobedience by merely suffering the punishment meted out to him.
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‘No element of criminality’: Supreme Court quashes case of commercial dispute given colour of criminal offence
“A commercial dispute, which ought to have been resolved through the forum of Civil Court has been given criminal colour by lifting from the penal code certain words or phrases and implanting them in a criminal complaint.”
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‘Constitutional Courts monitor functioning of environmental bodies to protect environment and ecology’; SC lays down Guidelines for effective functioning of authorities
The Supreme Court gave directions to the Central Empowered Committee, entrusted with monitoring and compliance of the orders of the Supreme Court on Environment, to promote transparency and efficiency in its functioning.
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When can an application for Handwriting Expert’s Opinion in Cheque Dishonour Case be rejected? Supreme Court explains
The Supreme Court was called upon to decide whether the appellant Court was right in rejecting the application of the accused seeking opinion of the handwriting expert in Cheque Dishonour case.
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“Practice of mentioning caste or religion of litigants should be shunned and ceased”: Supreme Court
“The caste or religion of parties should not be mentioned in the memo of parties of a petition/proceeding filed before the Court, irrespective of whether any such details have been furnished before the Courts below.”
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