Supreme Court Archives | Page 66 of 178

‘Right to establish an educational institution is a fundamental right’; Pharmacy Council of India can only impose moratorium by way of a law and not by execution instruction: SC

Supreme Court: The bench of BR Gavai* and PS Narasimha, JJ has held that the right to establish an educational institution is

Case Briefs Supreme Court

Explained| Order 6 Rule 17 CPC: Doctrine of dominus litus for amendment of plaint

Supreme Court: The Division Bench of M.R. Shah* and B.V. Nagarathna, JJ., explained the legal propositions governing Order 6 Rule

Case Briefs Supreme Court

Entire country under impression that Re-Rolling Steel Plants do not require prior Environmental Clearance; NGT right in giving such plants opportunity to meet the requirement: SC

Supreme Court: In an appeal regarding the jurisdiction of National Green Tribunal’s (NGT) to pass an order to operate a unit without

Case Briefs Supreme Court

Punjab/Haryana Superior Judicial Services| Can candidates seek disclosure of marks through RTI before viva-voce? SC decides

“The disclosure of the marks in the main examination before it is finalised and the viva-voce is conducted, would be against the principles of transparency, rather it will invite criticism of bias or favouritism.”

Case Briefs Supreme Court

Explained| Determination of Juvenility: Hierarchy of documents that can be relied on; belated plea if can be allowed; Bone ossification test at a belated stage

Supreme Court: The bench of Dinesh Maheshwari and JB Pardiwala*, JJ has observed that the plea of juvenility can be allowed to

Case Briefs Supreme Court

Explained| “Known source of income” under Section 13(1)(e) of PC Act, 1988 means the sources known to the prosecution or the accused?

Supreme Court: The bench of Dinesh Maheshwari and JB Pardiwala*, JJ has explained the true import of Section 13(1)(e) of the Prevention

Case Briefs Supreme Court

IBC’s Section 53 does not over-ride Section 48 of GVAT Act; Adjudicating Authority may reject Resolution Plan if it ignores statutory dues payable to State/Legal authority: SC

Supreme Court: The bench of Indira Banerjee* and AS Bopanna, JJ has reversed the NCLAT order wherein it was held that the

Case Briefs Supreme Court

Arbitration clause, even without the words “final and binding”, valid if the intention of the parties, to abide by arbitrator’s decision, is clear: Supreme Court

When Section 7 or any other provisions of the Arbitration and Conciliation Act, 1996 do not stipulate any particular form or requirements, it would not be appropriate for a court to gratuitously add impediments and desist from upholding the validity of an arbitration agreement.

Case Briefs Supreme Court

Journalist Siddique Kappan gets bail after 23 months in prison; cannot leave Delhi for 6 weeks: Supreme Court

The Kerala journalist was arrested under the Unlawful Activities (Prevention) Act on his way to Hathras, Uttar Pradesh to report on the alleged gang-rape of a Dalit woman, who later died in the Hospital.

Case Briefs Supreme Court

Supreme Court holds private school teachers entitled to gratuity; upholds Constitutional validity of Payment of Gratuity (Amendment) Act, 2009

“When the legislature acts within its power to usher in a valid law and rectify a legal error, even after a court ruling, the legislature exercises its constitutional power to enact the law and does not overrule an earlier court decision.”

Case Briefs Supreme Court

Reversing acquittal of only 2 out of 22 acquitted murder accused, despite glaring contradictions between witness testimonies, illogical; SC sets aside Karnataka HC verdict

Supreme Court: In an appeal against the Karnataka High Court's reversal of acquittal of 2 out of the 22 accused

Case Briefs Supreme Court

Make way for the outsiders: Compassionate Appointment cannot be extended to heirs of the retiring employees, holds Supreme Court

Supreme Court: In a case where the Ahmednagar Mahanagar Palika/ Municipal Corporation was giving appointment to the heirs of the employees on

Case Briefs Supreme Court

Explained| Party willing to pay but has no funds: Will it amount to readiness and willingness for specific performance of a contract?

Supreme Court: In a suit for specific performance the Division Bench of Indira Banerjee* and Hrishikesh Roy, JJ., explained the

Case Briefs Supreme Court

Supreme Court pulls up Ludhiana Improvement Trust for sitting over an acquired land for three decades without paying for it; says ‘citizen’s right cannot be taken for a ride’ like this

“The Improvement Trust behaved as if it had some superior right to appropriate the property of the owners without paying for it contrary to the mandate of the LA Act.”

Case Briefs Supreme Court

Explained| Can sentence of a murder convict be reduced to sentence already undergone which was less than life imprisonment?

Supreme Court: In a murder case, where the Madhya Pradesh High Court had reduced the sentence to sentence already undergone which was

Case Briefs Supreme Court

Imposing higher punishment on an illiterate senior citizen, merely because psychotropic substance was recovered from her residence, wrong; SC reduces sentence

Supreme Court: In an appeal directed against the judgment and order upholding conviction of the appellant for the offence under Section 20(b)(ii)(C)

Case Briefs Supreme Court

Bar under Order II Rule 2 CPC cannot apply to an amendment sought on an existing suit; Supreme Court lays down Principles for Amendment of Pleadings

Supreme Court: On the question as to whether Order II Rule 2 CPC can be made applicable to an application for amendment

Case Briefs Supreme Court

Two persons died after first dose of Covishield due to severe adverse effects following immunization; Supreme Court issues notice Central Government

Supreme Court: In a case alleging death of two young girls due to side-effect of Covishield, the Division Bench comprising Dinesh Maheshwari

Case Briefs Supreme Court

Explained| Retroactive, True Retroactivity, Quasi-retroactivity, and Retrospective: Synonymous or distinct?

“Merely because a law operates on certain circumstances which are antecedent to its passing does not mean that it is retrospective.”

Case Briefs Supreme Court

SC upholds applicability of SEBI Circular; but gives a green signal to Reliance Commercial Finance resolution to avoid “unscrambling of resolution process”

“Such unscrambling of the resolution process will not only prove time-consuming, but may also adversely affect the agreed realized gains to the retail debenture holders, who have already consented to the negotiated settlement before the High Court.”