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Supreme Court

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

Case BriefsSupreme Court

Lapse of a long period in deciding appeal cannot be a ground to award disproportionate and inadequate punishment: SC

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that merely because a long period has lapsed by

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Published on April 11, 2022April 15, 2022By Prachi Bhardwaj
Leave a comment3249 views
Case BriefsSupreme Court

Can an establishment employing about 8000 workers be shut down for not obtaining Environmental Clearance, even when it acts in compliance with required pollution norms? SC answers

Supreme Court: The Division Bench comprising of Indira Banerjee*and J.K. Maheshwari, JJ., held that although to protect future generations and to ensure

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Published on April 11, 2022April 11, 2022By Editor_4
1 Comment4592 views
Case BriefsSupreme Court

“Aspirations of any country cannot be fulfilled on the hope of foreign donation”; Read why SC upheld the amendments to the provisions of the Foreign Contribution (Regulation) Act, 2010

Supreme Court: In a major win for the Union of India, the 3-judge bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar,

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Published on April 9, 2022April 15, 2022By Prachi Bhardwaj
Leave a comment3159 views
Case BriefsSupreme Court

Explained| Why has the legislature left it open for the plaintiff to value his claim for the six categories of the suit falling under Section 7(iv) of the Court Fees Act, 1870?

Supreme Court: In case relating to court fees, the bench of Dinesh Maheshwari and Vikram Nath*, JJ had the occasion to explains

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Published on April 8, 2022April 15, 2022By Prachi Bhardwaj
Leave a comment5748 views
Case BriefsSupreme Court

Can employee claim Death-cum-Retirement Gratuity where a criminal appeal in corruption case is pending against him and sentence is suspended?  SC answers

Supreme Court: In an interesting case where the Division Bench of Sanjay Kishan Kaul* and M.M. Sundresh, JJ., was to answer whether

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Published on April 8, 2022April 15, 2022By Editor_4
2 Comments4408 views
Case BriefsSupreme Court

Mere differential treatment cannot on its own be termed as an “anathema to Article 14 of the Constitution”: SC

Supreme Court: The bench of Sanjay Kishan Kaul and MM Sundresh*, JJ has held that when there is a reasonable basis for

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Published on April 8, 2022April 15, 2022By Prachi Bhardwaj
Leave a comment3588 views
Case BriefsSupreme Court

Interference with Government Tenders makes the State and its citizens suffer twice. Courts should refrain from staying Government tenders even in case of total arbitrariness: SC 

Supreme Court: Explaining the scope of interference in matters relating to Government contracts and tenders, the bench of Hemant Gupta* and V.

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Published on April 7, 2022April 8, 2022By Prachi Bhardwaj
Leave a comment6075 views
Case BriefsSupreme Court

“State cannot hide behind delay & laches to evade it’s responsibility after acquiring land. There cannot be a ‘limitation’ to doing justice”, holds SC; Land Owners get compensated after decades

Supreme Court: In a case where the bench of S. Ravindra Bhat* and PS Narsimha, JJ was posed with the question as

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Published on April 7, 2022April 15, 2022By Prachi Bhardwaj
1 Comment6232 views
Case BriefsSupreme Court

Amalgamation does not necessarily nullify tax assessment as only the outer shell of the amalgamating company gets destroyed but the business and the adventure lives on: SC

It is essential to look beyond the mere concept of destruction of corporate entity which brings to an end or terminates any assessment proceedings.

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Published on April 6, 2022April 8, 2022By Prachi Bhardwaj
Leave a comment3268 views
Case BriefsSupreme Court

SC allows Tamil Nadu to grant 50% reservation for in-service doctors in Super Specialty Medical Courses

Supreme Court: In the issue relating to the reservation of 50% Super Specialty seats for in-service candidates in Government Medical Colleges in

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Published on April 5, 2022April 8, 2022By Prachi Bhardwaj
Leave a comment2463 views
Case BriefsSupreme Court

Acquitted in the criminal case but employer still going ahead with the disciplinary proceeding? Read the law laid down by Supreme Court 

“The purpose of a disciplinary proceeding by an employer is to enquire into an allegation of misconduct by an employee which results in a violation of the service rules governing the relationship of employment.”

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Published on April 4, 2022April 8, 2022By Prachi Bhardwaj
Leave a comment6033 views
Case BriefsSupreme Court

Explained| Can Commissioner suspend or initiate departmental proceedings against an Additional Municipal Commissioner under Maharashtra Municipal Corporations Act, 1949?

“A legislative intent cannot be to leave an employee scot-free though he has indulged into serious misconduct.”

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Published on April 4, 2022April 8, 2022By Prachi Bhardwaj
Leave a comment2916 views
Case BriefsSupreme Court

Caste can be the starting point for providing internal reservation but not the sole basis: Supreme Court 

Supreme Court: In a case relating to reservation of seats in Educational Institutions, the bench of L. Nageswara Rao* and BR Gavai,

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Published on April 2, 2022April 8, 2022By Prachi Bhardwaj
Leave a comment3597 views
Case BriefsSupreme Court

Whether confiscation by Custom & Excise Authority forfeits the claim of Secured Creditor over such property? Whether the dues of Excise department create a First Charge? SC answers

Supreme Court: The Division Bench of L. Nageswara Rao and Vineet Saran*, JJ., quashed the confiscation order of Customs and Central Excise

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Published on April 2, 2022April 8, 2022By Editor_4
Leave a comment2791 views
Case BriefsSupreme Court

“Land owner cannot be deprived of the use of the land for years together”; SC sets aside Bombay HC’s direction to acquire a land almost 20 years after finalisation of development plan

Supreme Court: In a case where the Development Plan was finalized in the year 2002, but the same was never implemented nor

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Published on April 1, 2022April 8, 2022By Prachi Bhardwaj
1 Comment4096 views
Case BriefsSupreme Court

Refusal to continue to execute a contract unless reciprocal promises are performed by the other party is not abandonment of contract: SC 

Supreme Court: Explaining the law on abandonment on contractual obligation, the bench of Hemant Gupta and V. Ramasubramanian*, JJ has held that

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Published on March 31, 2022April 8, 2022By Prachi Bhardwaj
Leave a comment5690 views
Case BriefsSupreme Court

Declaration under the Income Declaration Scheme cannot lead to non-declarant’s immunity from taxation: SC

Supreme Court: The bench of UU Lalit and S. Ravindra Bhat*, JJ has held that the declaration under the Income Declaration Scheme

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Published on March 31, 2022April 1, 2022By Prachi Bhardwaj
Leave a comment3670 views
Case BriefsSupreme Court

Can step-children claim property right in mother’s mehar after her death? Does a registered mehar deed become unenforceable for being nominal? SC answers

Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai*, JJ., upheld the impugned judgment of the High Court wherein

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Published on March 31, 2022April 8, 2022By Editor_4
Leave a comment2912 views
Case BriefsSupreme Court

Does the Contract Labour (Regulation & Abolition) Act, 1970 eclipse the Industrial Disputes (Rajasthan Amendment) Act, 1958? SC refuses to decide the issue as the first Court 

Supreme Court: In the case where it was argued before the Court that the Industrial Disputes (Rajasthan Amendment) Act, 1958 which received

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Published on March 29, 2022March 29, 2022By Prachi Bhardwaj
Leave a comment2519 views
Case BriefsSupreme Court

[Bomikhal Flyover Collapse] Is permanent debarment of guilty contractor too harsh? What makes an order a pre-determined one? Supreme Court answers

Supreme Court: The Division Bench comprising of M. R. Shah* and B.V. Nagarathna, JJ., held that if a tentative decision is taken

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Published on March 29, 2022April 1, 2022By Editor_4
1 Comment2922 views

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