Supreme Court Archives | Page 6 of 177

‘Media persons particularly individuals in key positions must exercise utmost caution before publishing any statements, news’; SC reiterates

“Given its vast reach, a single article or report can resonate with millions, shaping their beliefs and judgments, and it has the capability to cause severe damage to the reputation of those concerned, with consequences that may be far-reaching and enduring”.

Case Briefs Supreme Court

‘Futile to withhold results’; Supreme Court allows declaration of AYUSH Students’ results who were admitted without NEET-UG

“It is true that admission to candidates who had not appeared in the NEET examination could not have been given by the College.”

Case Briefs Supreme Court

Can spouse of void marriage under S. 11 of HMA claim permanent alimony or maintenance under S. 25? Supreme Court answers

“Equitable considerations do apply when the Court considers the prayer for maintenance under Section 25. The reason is that Section 25 lays down that while considering the prayer for granting relief under Section 25, the conduct of the parties must be considered.”

Case Briefs Supreme Court

Appropriate Govt. obligated to consider cases of eligible convicts for grant of premature release where such policy exists: SC

“Appropriate Government has the power to incorporate suitable conditions in an order granting permanent remission. The conditions must not be oppressive or stringent that the convict is not able to take advantage of the order granting permanent remission. The conditions cannot be vague and should be capable of being performed”.

Case Briefs Supreme Court

‘Uncomfortable questions during court proceedings not humiliation’; SC dismisses woman’s plea seeking clarification from police on remarks made on her divorce

“It is the duty of the Court to reach the truth of the matter and such exercise may demand putting forward certain questions and suggestions which may be uncomfortable to some.”

Case Briefs Supreme Court

‘If accused gets verdict after 6-7 years in jail as undertrial prisoner, right to speedy trial under Art. 21 is infringed’; SC grants bail to UAPA accused

“Delays are bad for the accused and extremely bad for the victims, for Indian society, and for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently.”

Case Briefs Supreme Court

Compassionate appointment to be considered in “hand-to-mouth” cases where family struggles to pay basic expenses, if other conditions are satisfied: SC

“Judicial decisions abound that in deciding a claim for appointment on compassionate grounds, the financial situation of the deceased employee’s family must be assessed. In a situation otherwise, the purpose of the scheme may be undermined; without this evaluation, any dependent of an employee who dies while in service might claim a right to employment as if it is heritable.”

Case Briefs Supreme Court

Cryptic orders while granting bail in money laundering cases without considering Section 45 PMLA mandate can’t be vindicated: SC

“Consideration of two conditions mentioned in Section 45 is mandatory, and while considering the bail application, the said rigours of Section 45 have to be reckoned by the court to uphold the objectives of the PMLA.”

Case Briefs Supreme Court

Courts having jurisdiction to grant bail/pre-arrest bail not expected to act as recovery agents: Supreme Court

High Court should have independently applied its mind and arrived at a conclusion as to whether a case for grant of bail, on settled parameters, had been made out or not.

Case Briefs Supreme Court

‘One-sided, partial and inimical investigation’; SC quashes S. 306 IPC proceedings, constitutes SIT for reinvestigating girl’s suicide after alleged boyfriend’s killing

“Was there anything more sinister? Even if it was suicide what was the real cause? Was the deceased girl distraught with what happened to her friend? Considering the under-currents and the disapproval of the relationship, was there any instigation for the suicide from any other quarter?”

Case Briefs Supreme Court

SC acquits man in 12-year-old murder case upon finding glaring defects in recovery of weapons and preparation of seizure memos

“If the recovery memos had been prepared in the police station itself or signed by the panch witnesses in the police station, the same would lose their sanctity and cannot be relied upon by the Court to support the conviction.”

Case Briefs Supreme Court

‘No service tax leviable on transactions between purchaser of lottery tickets and Sikkim Govt.’; SC dismisses appeals by Union of India

“There being no agency and no service rendered by the respondents-assessees herein as an agent to the Government of Sikkim, service tax is not leviable.”

Case Briefs Supreme Court

‘Charges should be specific against family members for prosecution otherwise it may amount to misuse of criminal process’; SC quashes DV and Dowry case against two

“In the context of matrimonial disputes, emotions run high, and as such in the complaints filed alleging harassment or domestic violence, there may be a tendency to implicate other members of the family who do not come to the rescue of the complainant or remain mute spectators to any alleged incident of harassment, which in our view cannot by itself constitute a criminal act without there being specific acts attributed to them.”

Case Briefs Supreme Court

Supreme Court clarifies whether offence under S. 276CC of IT Act 1961 committed before show-cause notice is compoundable as ‘first offence’

The assessee’s case was that whether he had filed a belated return of income, after the expiry of the due date or not, was immaterial and the point in time when the offence under Section 276CC is committed is the date immediately following the due date for furnishing the return of income as prescribed under Section 139(1) of the Act.

Case Briefs Supreme Court

SC directs State of Haryana to issue guidelines to ensure that accused persons aren’t handcuffed and chained to hospital beds

Once a person is arrested, his right to liberty under Article 21 is curtailed. When such an important fundamental right is curtailed, it is necessary that the person concerned must understand on what grounds he has been arrested.

Case Briefs Supreme Court

State Transport Authority possesses power to delegate its functions under Section 68(5) of MV Act: Supreme Court

The Court also upheld the constitutional validity of Karnataka Motor Vehicles Taxation and Certain Other Law (Amendment) Act, 2003 which repealed the Karnataka Contract Carriages (Acquisition) Act, 1976.

Credibility of Extra-judicial confession

Case Briefs Supreme Court

‘Extra-judicial confession lacked credibility and evidence suffered from material contradiction’; SC acquits murder convict even after strong suspicion

“The circumstances taken cumulatively must be so complete that there is no escape from the conclusion that, within all human probability, the crime was committed by the accused and none else. While there is no doubt that conviction can be based solely on circumstantial evidence, great care must be taken in evaluating circumstantial evidence.”

Case Briefs Supreme Court

SC reaffirms principles of ‘solatium’ & ‘interest’ laid down in Tarsem Singh, (2019); says clarification on prospective application will nullify its relief

The Court stated that modifying or clarifying the judgment in Union of India v. Tarsem Singh, (2019) 9 SCC 304 would lend itself to violating the doctrine of immutability, undermining the finality of the decision.

Case Briefs Supreme Court

One-sided Developer-Buyer Agreement; SC refuses to interfere in NCDRC’s order to refund amount in excess of 10% of BSP

The Court reiterated that one-sided Agreements, as in the present case, would be covered by the definition of term “unfair trade practice”.

Case Briefs Supreme Court

‘All disabled candidates eligible for scribe’; SC directs Union for effective implementation, setting up of grievance redressal portal and periodic sensitisation

“All the benefits given to PwBD candidates must also be extended to PwD candidates, and there can be no discrimination between the candidates in granting facilities such as scribes, compensatory time, etc., except for reservation, in writing the examinations.”