Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The Court said that the prosecution failed to prove the case beyond reasonable doubt and the case did not pass the standard required in a case of circumstantial evidence.
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The Supreme Court observed that if the State Government is so conscious or interested in taking action against land grabbers, it is the discretion of the State Government to bring or better the appropriate legislation with the definition of ‘land grabber’, ‘land grabbing’ and ‘land grabbing cases’.
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Supreme Court said that the State Government may examine the data of last few years, to come to a realistic finding as to what should be the extent of these reservations. A wholesale reservation is not serving any purpose, rather it frustrates the very purpose of the reservation
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“Expression Whoever alienates or purchases or takes possession of, which is the opening phrase of Section 52A of the Wakf Act, 1955, cannot be read or construed to include possession taken in the past, which resulted in continued possession, when the provision was enacted.”
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The Court said that to avail exemption benefits, two conditions were to be fulfilled, one, – that the exports made under the Advance Authorizations, were physical exports in nature, and the other, that there must be fulfillment of ‘pre-import condition’.
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Supreme Court observed that if the interpretation that once an auditor resigns, the proceedings under Section 140(5) stand terminated and are no longer further required to be proceeded, an auditor may resign to avoid Tribunal’s final order and its consequence as provided under the second proviso to Section 140(5).
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Supreme Court went into the depths of Chapter 12 of Code of Criminal Procedure regarding a complaint case before Magistrate and the case laws around them.
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Supreme Court said that the distinction between obiter dicta and ratio decidendi in a judgment, as a proposition of law, has been examined by its several judgments.
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Supreme Court said that there was no fault on the part of the appellants. It was because of the wrong marking at the relevant time that they were deprived of the appointments, and they were not placed in the merit list, and such was required to be corrected on the revision of the marks on re-evaluation.
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DMK MP Kanimozhi Karunanidhi’s election was challenged on the ground that she had intentionally supressed the information about the payment of income tax of her spouse.
The Supreme Court also directed the competent authority to deal with the mercy petition later and take further decision as and when deemed necessary.
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The Supreme Court said that the State can permit the Development Authorities to levy only those development charges which are mentioned in the Section 15(2-A) of the Uttar Pradesh Urban Planning and Development Act, 1973.
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Supreme Court observed that allowing the instant appeal would tantamount regularizing the appellants' services as work charged from the initial appointment.
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The Court noted that the convicts have been making attempts to avoid the Bench from hearing the case.
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The right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right flowing from Article 21 of the Constitution of India, observed the Supreme Court.
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Given the expansive amplitude of power under Article 142(1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that arises from adopting an individualistic approach as to the exercise of the Constitutional power, observed the Supreme Court
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The Supreme Court made clear that further investigation cannot be put at par with prosecution and punishment and hence, the principle of double jeopardy would not apply.
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“Stamp Act in its application to Uttar Pradesh has been amended by the UP (Stamp Amendment Act 1952) and Article 23 of Schedule IB as applicable to UP.”
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The Supreme Court’s decision shall not affect the pending proceedings before the High Court of Delhi against the order of the ECI as the Court did not express anything on the Constitution of the Shiromani Akali Dal
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The Court noted that the All-India Institute of Medical Sciences had issued a certificate to the petitioner indicating that he is suffering with writers’ cramp.
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