Supreme Court Archives | Page 63 of 178

Failure of Director to contradict allegation of contract of purchase from the Company can only fasten liability for the alleged amount but cannot lead to forfeiture of his office of Director: SC

Supreme Court: In a case where the appellant challenged the forfeiture of his office of Director for allegedly entering into a contract

Case Briefs Supreme Court

‘Whether Enforcement directorate can attach properties of corporate debtor once moratorium is in force; Supreme Court issues notice in a SLP

Supreme Court: In a special leave petition (‘SLP’) having question of law, whether Enforcement directorate (‘ED’) can attach properties of corporate debtor

Case Briefs Supreme Court

Maintenance of wife and children| Income Tax returns not accurate to determine real income; Family Court must determine husband’s real income: SC

Supreme Court: While deciding a case filed under Section 125 of Code of Criminal Procedure (CrPC), in which the appeal

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

‘Identifier for 10% Quota for EWS is economic deprivation; Social or educational backwardness irrelevant’: Key takeaways from Dissenting opinion

While Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala, JJ wrote separate but concurrent opinions forming majority, S. Ravindra Bhat, J wrote the minority opinion for himself and U.U. Lalit, CJ.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Constitutionality of 10% Quota for EWS upheld in 3:2 verdict: Key takeaways from Majority Ruling including suggestion for prescribing time limit for reservation

While Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala, JJ wrote separate but concurrent opinions forming majority, S. Ravindra Bhat, J wrote the minority opinion for himself and U.U. Lalit, CJ.

Case Briefs Supreme Court

Supreme Court upholds validity of amended Employees’ Pension Scheme but reads down certain provisions; Explains applicability of pre & post amendment Scheme

The requirement of the members to contribute at the rate of 1.16 per cent of their salary to the extent such salary exceeds Rs.15000/- per month as an additional contribution under the amended scheme has, however, been held to be ultra vires the provisions of the 1952 Act. The Court has given 6 months’ breather to the authorities make adjustments in the scheme.

Case Briefs Supreme Court

Supreme Court| Benefit of Exceptions of Defamation cannot only be afforded at the stage of trial

Supreme Court: In an appeal against the judgment passed by the Delhi High Court regarding a defamation case, the division

Case Briefs Supreme Court

Supreme Court | Denying similar benefits to similarly situated Government employees working under same employer amounts to discrimination

Supreme Court: In an appeal filed against the judgment of the Delhi High Court, wherein the Court has set aside

Case Briefs Supreme Court

Explained| Can GPU Charities involved in trade claim tax exemption? [Section 2(15) of the Income Tax Act, 1961]

Supreme Court: Interpreting the proviso to Section 2(15) of the Income Tax Act, 1961 (IT Act) introduced by amendment w.e.f. 01.04.2009, the

Case Briefs Supreme Court

Non-reporting of POCSO offence despite knowledge a serious offence; Bombay High Court’s quashment of FIR against accused Medical Practitioner unfortunate: SC

“Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more often than not, it is an attempt to shield the offenders of the crime of sexual assault.”

Case Briefs Supreme Court

Appointment based on the recommendation of a search committee, constituted contrary to the provisions of the UGC Regulations, is illegal and void ab initio: Supreme Court

Supreme Court: In an appeal filed against the judgment passed by the Kerala High Court, wherein the division bench of

Case Briefs Supreme Court

Patriarchal & sexist to assume that a sexually active woman cannot be raped; Anyone conducting ‘two-finger’ test will be guilty of misconduct: SC

The “two-finger test” or pre vaginum test has no scientific basis and neither proves nor disproves allegations of rape. It instead re-victimizes and re-traumatizes women who may have been sexually assaulted, and is an affront to their dignity.

Case Briefs Supreme Court

Triple method of plea bargaining, compounding of offences and the Probation of Offenders Act, 1958: Supreme Court’s suggestions on disposal of criminal cases

Supreme Court: In a suo motu writ petition, the division bench of Sanjay Kishan Kaul and Abhay S. Oka, JJ

Case Briefs Supreme Court

“Meritorious students don’t need backdoor entry”; Supreme Court quashes illegal admissions to Chhattisgarh PG Dental Colleges

Supreme Court: In an appeal filed by the Dental Council of India (‘DCI’) against the order of Chhattisgarh High Court, wherein the

Case Briefs Supreme Court

Explained| Why BJP MLA Vijender Gupta’s tweet questioning Delhi’s Dy CM Manish Sisodia about his “scam” is not defamation?

Supreme Court: In the case where BJP MLA Vijender Gupta was accused of posting defamatory tweets about Delhi’s Deputy Chief Minister Manish

Case Briefs Supreme Court

Supreme Court issues notice in petition seeking transfer of Anant Karmuse assault case involving NCP Leader Jitendra Awhad to CBI

Supreme Court: The bench of MR Shah and MM Sundresh, JJ has issued notice returnable on 25.11.2022 in the case relating to

Case Briefs Supreme Court

Unhappy with two Ministries taking contradictory stands before it, Supreme Court asks Centre to evolve mechanism to resolve differences at Governmental Level itself

Supreme Court: In a dispute between Central Warehousing Corporation(CWC) and Adani Ports Special Economic Zone Limited (APSEZL) over 34 acres of land

Case Briefs Supreme Court

Providing illegible copies attacks detenu’s fundamental right to make representation; renders detention order illegal: Supreme Court

Supreme Court: In a case where a detenu was provided with the illegible copy of documents relating to his detention, the bench

Case Briefs Supreme Court

WB Teachers’ Recruitment Scam| Can’t remove a person from a public post without giving him an opportunity to defend; Board President’s removal stayed but investigation to continue: SC

Supreme Court: In a special leave petition arising out of a judgment of the division bench of the Calcutta High

Case Briefs Supreme Court

Imposing penalty before initiating disciplinary action wrong; Can’t put a cart before the horse: SC

Supreme Court: In a case where a member of the Indian Forest Services (IFS) had alleged that his junior was promoted to the post of Principal Chief Conservator of Forests while his candidature was kept in