Supreme Court

This column will list all the case briefs on the decisions of the Supreme Court

validity of unstamped arbitration agreement
Case BriefsSupreme Court

The practice of dissent in judicial decision-making process plays a critical role in revealing constitutional commitment to deliberative democracy. Allowing judges to express differing views and engage in a dialogue about the law and its interpretation can potentially lead to a more nuanced and refined understanding of the law, as the Court grapples with competing interpretations and seeks to reconcile them in a principled manner.

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eco sensitive zones
Case BriefsSupreme Court

The Supreme Court said that if the directions are continued, rather than avoiding man-animal conflict, it will intensify the same.

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Compensation in real estate
Case BriefsSupreme Court

The Court observed that for determination of compensation, the Consumer Forum must examine the time value for money, an in-depth analysis of all the facts and materials surrounding factors, including uncertainties of market are to be considered.

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reopening of income tax assessment
Case BriefsSupreme Court

The Revenue had submitted that the Assessing Officer is competent to consider all the material that is available on record, including that found during the search, and make an assessment of ‘total income’. While some of the High Courts agreed with the said proposition, some disagreed. The Supreme Court was, hence, called upon to resolve the conundrum.

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pre-reference jurisdiction of high court
Case BriefsSupreme Court

The limited scope of judicial scrutiny at the pre-referral stage is navigated through the test of a ‘prima facie review’

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supreme court on dowry death
Case BriefsSupreme Court

The Supreme court observed that for woman’s death to be considered dowry death under Section 304-B and 498-A IPC, the cruelty or harassment has to be soon before the death.

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arm length price
Case BriefsSupreme Court

The Supreme Court asserted that it was always open for the High Court to consider and examine whether the Arm’s Length Price had been determined while taking into consideration the relevant guidelines under the Act and the Rules.

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Case BriefsSupreme Court

The Five-Judge Bench of Supreme Court in 3:2 majority approved paragraphs 22 and 29 of Garware Wall Ropes case, and to this extent, also approved Vidya Drolia case.

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munawar faruqui
Case BriefsSupreme Court

The Supreme Court gave huge relief to Comedian Munawar Faruqui, by clubbing all FIRs and complaints registered against him at various places.

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specific show cause notice
Case BriefsSupreme Court

Supreme Court observed that the High Court had the opportunity to correct the obvious errors in its order, since one part of the matter was not even considered, and the other part also lacked requisite attention to contentions.

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change in law
Case BriefsSupreme Court

Supreme Court has requested the Union of India along with Ministry of Power to evolve a mechanism so as to ensure timely payment by the DISCOMS to the Generating Companies, which would avoid huge carrying cost to be passed over to the end consumers.

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ration card to migrant workers
Case BriefsSupreme Court

“Without the ration card a migrant/unorganized labourer or his family members may be deprived of the benefit of the schemes and may be the benefit under the National Food Security Act”, the Supreme Court observed.

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adani power
Case BriefsSupreme Court

The Supreme Court opined that it is unjust on the part of Haryana Utilities to say that 70% of the installed capacity should be further bifurcated and the Change in Law benefit should be restricted only to 70% of the installed capacity.

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aptel
Case BriefsSupreme Court

Supreme court was of the opinion that the “casual approach of APTEL, in not reasoning how such findings could be rendered, cannot be countenanced. As a judicial tribunal, dealing with contracts and bargains, which are entered into by parties with equal bargaining power, APTEL is not expected to casually render findings of coercion, or fraud, without proper pleadings or proof, or without probing into evidence.”

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professor g n saibaba
Case BriefsSupreme Court

The Court directed to remit the matter back for fresh disposal before another bench of the High Court.

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overtime allowance under factories act
Case BriefsSupreme Court

The Court stated that the “claim of the respondents ought to have been tested by the Tribunal and the High Court in the proper perspective to see whether it is an attempt to get the best of both the worlds.”

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bail to irs officer
Case BriefsSupreme Court

When there is prima facie satisfaction that there is something more than a mere needle of suspicion against the accused, the Court cannot jeopardise the investigation, more so when the allegations are grave in nature.

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lawyers cannot go on strikes
Case BriefsSupreme Court

Criticising the practice of the advocates going on strike and abstaining them from work, the Court observed that it is appropriate that their genuine grievances are considered by some forum so that such strikes can be avoided.

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gujarat sales tax act
Case BriefsSupreme Court

“The intention of the legislature is very clear and unambiguous that the moment any eventuality as mentioned in Section 45(5) occurs, the penalty shall be leviable as mentioned in sub-section (6) of Section 45 of the Gujarat Sales tax Act, 1969”, the Supreme Court observed.

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minor rape case
Case BriefsSupreme Court

The Patna High Court had rejected the petitioner’s anticipatory bail in this matter, while the Supreme Court granted protection to the petitioner against arrest on 16-12-2022.

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