SC warns States/UTs for failure to submit response on National Policy on Menstrual Hygiene
The Court directed the States and Union Territories to submit their responses positively by 31-08-2023.
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This column will list all the case briefs on the decisions of the Supreme Court
“Prosecution had failed to establish charge”; SC acquits murder convict after 15 years in prison
Supreme Court said that once there is no eyewitness of the incident, the prosecution will have to establish a motive for the commission of the crime because in a case of no direct evidence, motive has a major role.
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Gyanvapi Mosque| SC stays ASI Survey till July 26; allows Anjuman Intezamia Masajid Committee to move Allahabad HC
The Supreme Court was hearing a petition against the Varanasi District Court’s Order wherein ASI was directed to undertake scientific survey of the Gyanvapi Mosque to find out whether the same was constructed over a pre-existing structure of Hindu Temple.
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Writ Petition filed after Suit seeking same relief was withdrawn without liberty to file afresh not Maintainable: SC reiterates
The Supreme Court called the matter at hand a classic case in which a litigant had been able to mislead the Courts and authorities at different levels to put life into his stale claim.
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Supreme Court Decodes Section 304 IPC Maze: When can conviction under Part I be Converted to Part II?
While summarising the principles for altering conviction under Section 304 Part I of the IPC to Section 304 Part II of the IPC, the Supreme Court highlighted the difference between ‘guilty intention’ and ‘guilty knowledge’.
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IBC overrides Electricity Act; Supreme Court explains hierarchy for settling dues in insolvency cases
In the case at hand, PVVNL had argued that the rights of electricity suppliers were not subordinate and subject to the ‘priority of claims’ mechanism under the IBC.
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School Transfer Certificate not acceptable for age determination of victim in POCSO Act: Supreme Court
Supreme Court regarded the result of ossification or bone test in the instant matter, as the most authentic evidence for being corroborated by the examining doctor as well.
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“To clinch a conviction, circumstances ought to form a chain to indicate that the accused and no one else committed the crime”: Supreme Court
The instant matter related to a person killed while he was travelling with his group on scooter, allegedly by constables patrolling the village, which was investigated by the Central Bureau of Investigation (‘CBI’).
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SC grants Bail to Juvenile Delinquent who spent 489 days in custody as an Adult and 242 days in Juvenile Home
A chargesheet was filed against the Juvenile Delinquent for offences under Sections 363, 366-A, 368, 376 of the IPC and Section 3, 4, 16 and 17 of the JJ Act.
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SIT to investigate Rs. 50 Crore Gurugram Land scam; Supreme Court sets aside Punjab & Haryana HC’s anticipatory bail order
“Offences of forging documents for transferring ownership of land worth crores are grave in nature. Hence, while it is extremely important to protect the personal liberty of a person, it is equally incumbent to analyse the seriousness of the offence and determine if there is a need for custodial interrogation.”
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Judicial Body like NGT cannot simply accept Expert Committee recommendations without complying with Principles of Natural Justice: SC
The Court observed that the recommendations made by an Expert Committee are not binding on the NGT, they are only by way of assistance to enable the NGT to arrive at a correct decision in the matter.
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173 Kg Ganja Recovery Case: Supreme Court grants interim bail on medical grounds
Supreme Court advised the petitioner to secure appropriate treatment for spinal disorder during the given period of 6 weeks.
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Supreme Court disposes of contempt case against Bharatpur Bar Association with warning
Supreme Court said that it will take recourse to the coercive arm of law, if any such incident occurs in the future. Also warned that there shall be no impediment in the work of legal defense counsel.
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Does Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 completely bar institution of suit within 5 years? SC answers
Supreme Court held that not putting a quietus to the prolonged dispute at hand, spanning 38 years, on something as simple as tenancy issue, would be a travesty of justice.
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Section 118 of Evidence Act | Child witness easily susceptible to tutoring; corroborating testimony not a rule but a measure of caution and prudence: Supreme Court
Supreme Court did not deem it safe to base the conviction only on the testimony of child witness which did not inspire confidence and acquitted the appellant.
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Adherence to Article 14 by State must even while acting in Contractual Realm: Supreme Court
The question before the Court was whether an application remaining pending for an unreasonable period could in itself be classified as an arbitrary and unreasonable act?
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‘Extending tenure of ED Director SK Mishra illegal’; Supreme Court upholds amendments to CVC Act, DSPE Act
Supreme Court allowed SK Mishra to continue his services as ED Director till 31-07-2023.
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Management cannot challenge Award granting reinstatement in service after allowing workmen in regular service for over 2 decades: Supreme Court
A party to a proceeding cannot be permitted to challenge the Award and abide by it at its own free will; garner benefit from it; get the opposite party to effectively alter its position; and then press its challenge after the passage of a considerable length of time.
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Tamil Nadu General Sales Tax Act: Supreme Court upholds 4% tax on maize starch
Supreme Court expressed that the legislature would not have intended two entries for self-safe commodity making one taxable and the other exempted from tax.
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Compassionate appointment not a vested right: Supreme Court explains when a candidate can be considered
Supreme Court held that the Punjab and Haryana High Court was not right in setting aside the judgment of the First Appellate Court and restoring the judgment of the Trial Court, granting the respondent compassionate appointment in Bank of Baroda.
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