Supreme Court Archives

SC berates Allahabad HC’s callous approach in granting bail to persons accused of child trafficking; directs States to implement BIRD’s report

“If any newborn infant is trafficked from any hospital, the immediate action against the hospital should be suspension of licence to run the hospital over and above other actions in accordance with law”.

Case Briefs Supreme Court

‘Eligibility criteria declared by fresh advertisement cannot be changed midway through recruitment process’; Supreme Court upholds reservation of DSP post for SC Sports (Women)

“Once it is accepted that the DSP post in question was reserved for ‘SC Sports (Women)’ as per advertisement, the appellant must be accepted as the only person qualified in her category who could be appointed. This is because she is the only SC woman candidate who successfully cleared all the tests for the post of DSP.”

Case Briefs Supreme Court

Provisions of Order XII Rule 6 of CPC are enabling, discretionary and permissive: Supreme Court

The Court also affirmed interpretation of Rule 6 by Delhi High Court in ITDC Limited v. Chander Pal Sood, wherein the High Court had held that Rule 6 gives a wide discretion to the Court.

Case Briefs Supreme Court

Constitutional scheme doesn’t grant any ‘pocket/absolute veto’ to the President & Governor in discharge of functions under Arts 200/201: SC

“Article 200 of the Constitution cannot be read in a manner which allows the Governor to not take action upon bills which are presented to him for assent and thereby delay and essentially roadblock the law-making machinery in the State”.

governor president power judicial review

Case Briefs Supreme Court

When can Governor & President’s exercise of powers under Arts. 200 and 201 respectively, come under Judicial Review? SC elucidates

The Court expressed hope and trust that the Governor and the Tamil Nadu Government would work in tandem and harmoniously keeping the interests and well-being of the people as their paramount consideration.

Case Briefs Supreme Court

‘Allegations are not against IPS officer but against person impersonating as IPS officer’; SC sets aside HC’s order transferring investigation to CBI

The High Courts should direct for CBI investigation only in cases where material prima facie discloses something calling for an investigation by CBI and it should not be done in a routine manner or on the basis of some vague allegations. The “ifs” and “buts” without any definite conclusion are not sufficient to put an agency like CBI into motion.

R. 55A(i) Registration Rules ultra vires

Case Briefs Supreme Court

SC declares R. 55A(i) of Registration Rules as ultra vires for being inconsistent with provisions of Registration Act, 1908

“No provision under the 1908 Act confers power on any authority to refuse registration of a transfer document on the ground that the documents regarding the title of the vendor are not produced, or if his title is not established”.

Case Briefs Supreme Court

“Consensual relationships, where possibility of marriage may exist, cannot be given a colour of false pretext to marry after fall out”; SC quashes rape case against former judge

“The incident is of the year 2014 and any further litigation, will only prolong the suffering of both the parties, who are living their own separate lives”

Case Briefs Supreme Court

Read why Supreme Court upheld DHFL’s resolution plan by Piramal Capital and set aside NCLAT’s order

“There is a clear distinction between the Avoidance Applications that may be filed by the Resolution Professional in view of Section 25(2)(j), for avoidance of transactions in accordance with Chapter III of the IBC, and the applications that may be filed in respect of the fraudulent trading or wrongful trading under Section 66, which falls under Chapter VI of the IBC.”

Case Briefs Supreme Court

Supreme Court issues notice in challenge to Punjab & Haryana High Court’s decision on EWS reservation in PPSC Agriculture Development Officer recruitment

Punjab & Haryana HC in the impugned judgment clarified that EWS candidates who are selected based on merit and not on account of reservation, are not to be counted towards the quota meant for reservation.

Case Briefs Supreme Court

‘Not enough material to upset Trial Court’s acquittal order, especially when there was no evidence regarding death being result of homicide’; SC sets aside husband’s conviction under S. 302 IPC

The High Court unfortunately reversed the acquittal without anything other than a finding on alibi having not been proved and the accused not having offered any explanation regarding the death of the deceased, which occurred while they were living together.

Case Briefs Supreme Court

Electricity Act, 2003 mandates that Regulations framed by the State Commissions must serve larger public interest: Supreme Court

“The Electricity Act, 2003 envisions a structured and fair mechanism for open access while ensuring that market participants do not engage in practices detrimental to the larger consumer base”.

Case Briefs Supreme Court

Candidate without minimum qualifications prescribed by expert body not entitled to appointment or promotion in educational institutions: Supreme Court

“The teachers who failed to acquire a Ph.D. within seven years as required, cannot be designated as Associate Professors nor be entitled to the higher pay scale.”

Case Briefs Supreme Court

Principle of ‘over-qualification is not disqualification’ cannot be put in a straitjacket imposing rigid rules or norms: SC

The Court refused to grant relief under Article 142 of the Constitution to a candidate applying for post of Boat Lascar, as he gained entry through a process which was not legal and valid.

Case Briefs Supreme Court

‘Contribute to legal system instead of fighting cases against each other’; SC quashes cross FIRs & proceedings ending dispute between 2 Kodaikanal lawyers

“Even if the litigants do not understand what is in their best interest, it is the duty of the Court to deliver substantial justice.”

Case Briefs Supreme Court

Supreme Court enhances compensation for BDO who lost both his legs in a 25-year-old motor accident

“Finding that the driver was not cautious is one thing and finding negligence is quite another thing. Prima facie, the negligence was on the trailer driver as discernible from the evidence recorded before the Tribunal; standard of proof required being preponderance of probability”.

Case Briefs Supreme Court

Provocative Poem Sharing Case | Supreme Court finds no prima facie case against Rajya Sabha MP Imran Pratapgadhi

“Even after 75 years of the existence of the Constitution, the law enforcement machinery of the State is either ignorant or does not care for one of the most important fundamental rights conferred on the citizens of India under Article 19 (1)(a) of the Constitution”.

Case Briefs Supreme Court

Accuracy of averment made in written statement must be decided by Trial Court on conclusion of evidence at time of suit’s final determination: SC

Counsel for the appellant argued that allegations in the FIR do not constitute any offence. If any averment made in the written statement or the affidavit filed before the Civil Court is incorrect or false, it is for the Civil Court to decide the same.

Case Briefs Supreme Court

‘The very concept of family is being eroded’; SC dismisses appeal seeking eldest son’s eviction

Supreme Court pointed out that the provisions of the Senior Citizens Act, nowhere specifically provides for drawing proceedings for eviction of persons from any premises owned or belonging to such a senior person.

SC clarifies degree qualifications FSO post

Case Briefs Supreme Court

“‘Degree’ includes bachelor’s, master’s, and doctorate”; Supreme Court sets aside Jharkhand HC order disqualifying master’s degree holders for FSO Post

Supreme Court found no logic or rationale behind excluding candidates holding Master’s or Doctorate degrees in these subjects from claiming the post of FSO, as such an interpretation would have been unjust, arbitrary, and unconstitutional.