Supreme Court Archives

Supreme Court | No anticipatory bail for IPS Officer accused of impersonation of Chief Justice of Patna HC on WhatsApp

“This Court will certainly not shut its eyes to the materials unearthed, since it relates not only to maintaining purity in judicial proceedings but upholding public faith in the system at large.”

Criminal Conspiracy as scheduled offence under PMLA

Case Briefs Supreme Court

Criminal Conspiracy to be ‘scheduled offence’ under PMLA only if conspiracy is to commit an already Scheduled offence: Supreme Court

“The Court also held that it is not necessary that a person against whom the offence under Section 3 of the PMLA is alleged, must be shown as the accused in the scheduled offence.”

Case Briefs Supreme Court

Appointments can only be made for vacancies advertised, holds Supreme Court; 2 Judges retain Posts despite flawed 2013 Selection Process

Supreme Court reiterated the timeline fixed in Malik Mazhar for vacancies to be declared on 15th January each year, and the process has to be completed by October of the same year.

Case Briefs Supreme Court

Supreme Court issues directions to streamline adoption process under Juvenile Justice Act

“Generally, prospective adoptive parents have to wait for 3-4 years for getting ‘a healthy and young child’ due to the huge mismatch in the number of registered PAPs and children available for adoption.”

Case Briefs Supreme Court

[RSS Route March] Supreme Court directs TN Government to submit proposal before Madras HC on allowing future route marches without Court’s intervention

Tamil Nadu Government had agreed before Supreme Court that it would allow RSS to hold marches in various districts across the state. Accordingly, the Court asked RSS to submit the proposed routes to the State within 3 days and the State to take a decision on the routes by 15-11-2023

Case Briefs Supreme Court

High Courts or Sessions Courts can grant transit anticipatory bail in FIRs registered outside their jurisdiction, subject to conditions: SC

Since anticipatory bail as well as transit anticipatory bail are intrinsically linked to personal liberty under Article 21 of Constitution, it would be necessary to give a constitutional imprimatur to the evolving provision of transit anticipatory bail.

Case Briefs Supreme Court

Court can consider parity in pay scales for historically similarly placed employees: Supreme Court reiterates

Supreme Court regarded the High Court’s conclusion to be ‘unexceptionable’ since it did not equate two sets of employees in different organisations.

Case Briefs Supreme Court

Explained| Supreme Court’s verdict on importance of interpreting commercial contracts in line with the original intent of parties involved

Supreme Court said that a deviation from the plain terms of the contract is warranted only when it serves business efficacy better

Case Briefs Supreme Court

UP-VAT Act entitles assessee to claim full input tax credit on exempted goods produced as by-products during manufacturing of taxable goods: Supreme Court

The Explanation (iii) to Section 13, forbids the Assessing Authority as well as the assessee from raising any dispute regarding the allowability of the ITC in cases where exempted goods are being produced as a by-product or waste product during the process of manufacture

Case Briefs Supreme Court

‘Testimonies of prosecution witnesses are unreliable, unworthy of credence’: SC set aside Karnataka HC order overturning acquittal of 6 convicts in murder case

Supreme Court said that a Court of Appeal should be circumspect in overturning its judgment of acquittal, is not a principle that requires reiteration. It has been held time and again that an acquittal will only be overturned in the presence of very compelling reasons.

Case Briefs Supreme Court

Junior Office Assistant Recruitment | State could not relax essential qualifications under Rules and Advertisement without publicizing such relaxation: Supreme Court

Supreme Court rejected the argument that requirement to hold 1 year diploma in specified courses was not an essential qualification, since the same was indicated in 2014 Rules as well as the advertisement so concerned.

Case Briefs Supreme Court

Supreme Court restores penalty withholding 50% of monthly pension in Sexual Harassment at Workplace case

“Sexual harassment in any form at the workplace must be viewed seriously and the harasser should not be allowed to escape from the clutches of law.”

Case Briefs Supreme Court

Can rents receivable by debtors be assigned to the lender as an actionable claim? Supreme Court answers

After applying the rule that all the contemporaneous documents are to be read together, to discern the true purport of the contract, Supreme Court said that the parties intended assignment of the debt, i.e., the rents payable.

Case Briefs Supreme Court

Supreme Court, in a balancing act, commutes Death Sentence to 20 Years Imprisonment in Indiscriminate Firing case that killed 6

The Supreme Court held that the Court cannot be limited only to two punishments, one a sentence of imprisonment, for all intents and purposes, of not more than 14 years and the other death.

Case Briefs Supreme Court

‘Special Benches, Suo Motu cases’; SC issues guidelines for HCs for expeditious disposal of criminal cases against MPs and MLAs

The figures show that there are as many as 5,175 subject cases against elected MPs/MLAs pending as of November, 2022. Of these, cases that are pending for more than 5 years are as many as 2,116, which figure is more than 40% of such pendency.

Case Briefs Supreme Court

Supreme Court suggests amending Supreme Court Rules to include E-Copies of Original Records to cut delays and adjournments

The Supreme Court deprecated the practice of depositions of material witnesses not being placed on record.

Case Briefs Supreme Court

Judges not adhering to guidelines on maintenance given in Rajnesh v Neha: Supreme Court directs for re-circulation of judgment to Judges and Judicial Academies

Supreme Court said that the litigation which should close at the trial level is taken up to the Supreme Court and the parties are forced to litigate.

Case Briefs Supreme Court

Orders indicating steps for minimizing air-noise pollution binding on all States, even after festive season: Supreme Court

The instant application sought issuance of appropriate directions for the Rajasthan State and District Administration of Udaipur to take immediate steps to prevent air pollution in Udaipur city.

Case Briefs Supreme Court

Supreme Court stays Calcutta HC order which restricted application filed under S.29A(4) of Arbitration Act after expiry of term of the Tribunal

Supreme Court issued notice in the present SLP and tagged it with SLP titled Rohan Builders (India) Pvt. Ltd. vs. Berger Paints India Ltd.

Case Briefs Supreme Court

Review Petition has limited purpose, cannot be allowed to be appeal in disguise: Supreme Court regurgitates law on scope of review

Supreme Court reiterated that a co-ordinate Bench cannot comment upon the judgment rendered by another co-ordinate Bench of equal strength and that subsequent decision or a judgment of a co-ordinate Bench or larger Bench by itself cannot be regarded as a ground for review.