Supreme Court Archives | Page 68 of 177

Mental capacity & ability to understand consequences of acts not same; Guidelines must be in place for preliminary assessment of children above 16 years of age for trial as adults: SC

“A child with average intelligence/IQ will have the intellectual knowledge of the consequences of his actions. But whether or not he is able to control himself or his actions will depend on his level of emotional competence.”

Case Briefs Supreme Court

Judgment Debtor’s right under Rule 60 of Second Schedule of Income Tax Act a valuable right to save his property; cannot be taken away on technical ground or bona fide mistake for which he is not at fault: SC

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that the right available to the judgment debtor under

Case Briefs Supreme Court

Can accused be tried under NI Act as well as under IPC on similar set of allegations or will it amount to double jeopardy? Larger SC bench to decide

Supreme Court: The bench of SA Nazeer and JK Maheshwari*, JJ has called upon a larger bench to decide if on similar

Case Briefs Supreme Court

Bhima Koregaon| Here’s why Supreme Court granted permanent bail to Dr. Varavara Rao on medical grounds

Supreme Court: Adopting a humanitarian approach, the 3-judges Bench comprising Uday Umesh Lalit, Aniruddha Bose, and Sudhanshu Dhulia, JJ., had granted permanent

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Prophet Remark Row| All FIRs against Nupur Sharma clubbed; Read why Supreme Court refused to form SIT

Supreme Court: The bench of Surya Kant and JB Pardiwala, JJ has, in a relief to politician and lawyer Nupur Sharma, has

Case Briefs Supreme Court

Clearing of prosecution evidence not an absolute bar from re-examining materials/witnesses under Section 311 CrPC: Supreme Court

“The statutory provision goes to emphasise that the court is not a hapless bystander in the derailment of justice. Quite to the contrary, the court has a vital role to discharge in ensuring that the cause of discovering truth as an aid in the realization of justice is manifest.”

Case Briefs Supreme Court

CPC Order XV Rule 5| Mere denial of landlord-tenant relationship doesn’t grant tenant a holiday from duty to pay rent/damages: SC

Supreme Court: The Division Bench of Dinesh Maheshwari* and Aniruddha Bose, JJ., held that in cases disclosing deliberate defiance and elective non-performance

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Rejecting counter-claim or set-off may lead to parallel proceedings before various fora and offend the very purpose S. 23 of Arbitration Act: SC

Supreme Court: The Division Bench of M.R. Shah* and Sanjiv Khanna, JJ., reversed concurrent findings of the Arbitral Tribunal and the Delhi

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Right to cross-examination cannot be denied as a punishment for failure to deposit interim compensation under Section 143A NI Act: Supreme Court

Supreme Court: In a case where an offender under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) was denied the

Case Briefs Supreme Court

Prosecution version helps man accused of murdering brother get benefit of provocation exception; SC holds that accused may rely on prosecution case for discharge of burden

Supreme Court: In an interesting case, where a man was convicted for murder of his younger brother, the bench of Sanjiv Khanna*

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Explained| What happens when a candidate, in a competitive exam, uses different language in answer sheet than that filled in application form?

Supreme Court: In the case where a candidate appearing for examination for recruitment to the post of Constables in Railway Protection Force

Case Briefs Supreme Court

Ready Reckoner Price cannot be the basis for determining compensation for land acquisition: SC declares Bombay HC’s decision per incuriam

Supreme Court: While reversing the impugned decision of the Bombay High Court, M.R. Shah* and B.V. Nagarathna, JJ., held that the prices

Case Briefs Supreme Court

Mother, being the only natural guardian after biological father’s death, can decide child’s surname; can even give the child in adoption: SC

“When a child takes on to be a kosher member of the adoptive family it is only logical that he takes the surname of the adoptive family and it is thus befuddling to see judicial intervention in such a matter.”

Case Briefs Supreme Court

Your cheat sheet to Supreme Court’s 545 pages long Money Laundering verdict

Supreme Court: The 3-judge bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar, JJ has, in 545-pages-long judgments, has dealt with various

Case Briefs Supreme Court

Supreme Court holds “twin conditions” under Section 45 of PMLA reasonable: Applicability to anticipatory bail, non-cognizable offences discussed; Exception highlighted

Supreme Court: The 3-judge bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar, JJ has, in 545-pages-long judgments, has dealt with various

Case Briefs Supreme Court

Confessional Statements made under Section 67 of NDPS Act inadmissible: Supreme Court

Supreme Court: In a case relating to a drug racket spread across three States namely, U.P., Punjab and Rajasthan, the 3-Judge Bench

Case Briefs Supreme Court

Trial Court not a ‘mere post office’; must apply its mind while framing charges: SC unimpressed with discharge of murder accused based on postmortem report only

Ultimately, upon appreciation of the entire evidence on record at the end of the trial, the trial court may take one view or the other i.e. whether it is a case of murder or case of culpable homicide. But at the stage of framing of the charge, the trial court could not have reached to such a conclusion merely relying upon the port mortem report on record.

Case Briefs Supreme Court

Criminal justice machinery relentlessly employed against Zubair; process itself has become a punishment: SC

The Court refused to bar Mohd Zubair from tweeting as it would amount to an unjustified violation of the freedom of speech and expression, and the freedom to practice his profession

Case Briefs Supreme Court

Unless there is forfeiture of performance guarantee, Industrial Entrepreneur Memorandum cannot be deemed to be de-recognised: SC

Supreme Court: While reversing the impugned decision of the Bombay High Court, the Division Bench of Hemant Gupta* and V.

Case Briefs Supreme Court

‘India needs a Bail Act’: Supreme Court asks Centre to consider the suggestion; lays down guidelines for disposal of Bail Application

“Criminal courts in general with the trial court in particular are the guardian angels of liberty. Liberty, as embedded in the Code,