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Supreme Court

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

Case BriefsSupreme Court

Can employees appointed for fixed period in temporary unit be absorbed/regularised by creating supernumerary posts? SC answers

Supreme Court: In the case where the Gujarat High Court had ordered the absorption of persons employed in a temporary unit, by

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Published on March 29, 2022March 29, 2022By Prachi Bhardwaj
Leave a comment3230 views
Case BriefsSupreme Court

Consent award cannot be the basis to determine compensation in other acquisition, especially, when there are other evidences on record: SC

Supreme Court: The bench of MR Shah* and BV Nagarathna , JJ has held that a consent award cannot be the basis

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Published on March 28, 2022April 2, 2022By Prachi Bhardwaj
Leave a comment3761 views
Case BriefsSupreme Court

HC spends 9 months on deciding appeal from an ‘unappealable’ adjournment order. SC imposes Rs. 5 Lakhs exemplary cost on litigant for wasting ‘precious judicial time’

Supreme Court: In a trade mark infringement case where interlocutory injunction was sought during the pendency of the suit, the bench of

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Published on March 28, 2022May 18, 2022By Prachi Bhardwaj
1 Comment2977 views
Case BriefsSupreme Court

All India Bar Exams| From 1/4th negative marking to limiting the validity of Bar exam for three years; SC issues notice to BCI to respond to suggestions

“The right to practice a profession, also being a fundamental right, a balance has to be maintained between the same and the requirement to monitor the legal profession for its better ethics.”

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Published on March 28, 2022March 28, 2022By Editor_4
2 Comments5435 views
Case BriefsSupreme Court

Mere allegation of bias is not fatal to disciplinary inquiry unless supported by materials: Supreme Court

Supreme Court: The Division Bench comprising of Ajay Rastogi* and Abhay S. Oka, JJ., held that non-supply of demanded documents is not

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Published on March 26, 2022April 1, 2022By Editor_4
1 Comment4869 views
Case BriefsSupreme Court

‘Lotteries’ a species of ‘betting and gambling’; States Legislatures competent to levy tax: SC

Supreme Court: Dealing with the appeals preferred by the States of Karnataka and Kerala against the decisions of the Division Benches of

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Published on March 25, 2022April 2, 2022By Prachi Bhardwaj
1 Comment3271 views
Case BriefsSupreme Court

Supreme Court fixes outer limit for claiming COVID-19 death compensation; Claims to be filed within 90 days from now on

Supreme Court: Considering the submissions by Solicitor General Tushar Mehta on fixing an outer limit on fixing claims for compensation in case

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Published on March 25, 2022October 3, 2023By Prachi Bhardwaj
Leave a comment3625 views
Case BriefsSupreme Court

Trap party recovers tainted currency notes from Tax Officer accused of demanding bribe. Read why Supreme Court acquitted the officer in spite of proved recovery

Supreme Court: In an interesting case relating to corruption, the Division Bench of Ajay Rastogi and Abhay S. Oka*, JJ., acquitted a

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Published on March 24, 2022March 25, 2022By Editor_4
Leave a comment4498 views
Case BriefsSupreme Court

Irregular Disciplinary Enquiry: Court cannot reinstate employee as such; Matter must be remanded to Enquiry Officer/Disciplinary Authority 

Supreme Court: In a disciplinary proceeding where it was established that there was a breach of principles of natural justice as the

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Published on March 23, 2022March 25, 2022By Prachi Bhardwaj
Leave a comment4573 views
Case BriefsSupreme Court

How will the higher Court know why review jurisdiction was exercised? Courts must mention what was that error apparent on the face of the record: SC 

Supreme Court: In the case where the division bench of Madhya Pradesh High Court allowed a review petition by merely stating that

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Published on March 23, 2022March 25, 2022By Prachi Bhardwaj
Leave a comment3238 views
Case BriefsSupreme Court

Is amount spent by pharmaceutical companies in gifting freebies to the doctors “business expenditure” under IT Act when act of accepting freebies by doctors is an offence? SC answers

“…the statutory regime requiring that a thing be done in a certain manner, also implies (even in the absence of any express terms), that the other forms of doing it are impermissible.”

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Published on March 23, 2022March 25, 2022By Editor_4
Leave a comment2961 views
Case BriefsSupreme Court

POCSO| Is investigation of disclosure of victim’s identity permissible without Magistrate’s permission? SC gives split verdict 

Supreme Court: The bench of Indira Banerjee and JK Maheshwari, JJ has given split verdict on the issue as to whether the

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Published on March 22, 2022March 25, 2022By Prachi Bhardwaj
Leave a comment9109 views
Case BriefsSupreme Court

Confiscation of Truck loaded with cow progeny despite acquittal in criminal proceedings amounts to arbitrary deprivation of property 

Supreme Court: In a case where the District Magistrate had directed confiscation of a Truck under the M.P. Prohibition of Cow Slaughter

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Published on March 21, 2022March 25, 2022By Prachi Bhardwaj
Leave a comment3085 views
Case BriefsSupreme Court

Clarification vis-à-vis substantial alteration of commercial agreement; SC considers legality of retrospective application of modifications in agreement

Supreme Court: The Division Bench comprising of Ajay Rastogi* and Abhay S. Oka, JJ., held that a modification changing tariff for inadvertent

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Published on March 21, 2022March 25, 2022By Editor_4
Leave a comment3903 views
Case BriefsSupreme Court

Explained| Which law to prevail if provisions of Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 are in conflict with the Arbitration and Conciliation Act, 1996? 

Supreme Court: In a case where the bench of Ajay Rastogi and Abhay S. Oka, JJ was deciding an issue relating to

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Published on March 16, 2022March 25, 2022By Prachi Bhardwaj
Leave a comment3635 views
Case BriefsSupreme Court

Murder convict seeks remission of sentence on the ground of being 100% visually impaired. Can disability be a ground for remission? SC answers 

Supreme Court: While addressing the plea of a murder convict seeking remission on the ground of blindness, the Division Bench comprising of

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Published on March 16, 2022March 16, 2022By Editor_4
Leave a comment3369 views
Case BriefsSupreme Court

SC allows RPSC to go ahead with RAS Mains Exam; Candidates challenging Pre exam result allowed to sit in Mains. Here’s how their result to be declared

Supreme Court: In a breather to the candidates challenging the RAS Pre-examination result, the bench of KM Joseph and Hrishikesh Roy, JJ

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Published on March 16, 2022March 16, 2022By Prachi Bhardwaj
Leave a comment4290 views
Case BriefsSupreme Court

Law on filing false affidavit: Can defaulter get benefit of equity? Read what made the Supreme Court reverse concurrent findings of Courts

“Once an affidavit has been filed which is on the face of it false to the knowledge of the executants, no benefit can be claimed on the ground that delivery of possession was given.”

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Published on March 15, 2022March 17, 2022By Editor_4
Leave a comment11227 views
Case BriefsSupreme Court

Explained| Compensation under Section 4 of Employee’s Compensation Act, 1923 to be awarded from the date of accident or the date of Commissioner’s order? 

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that as per Section 4A of the Employee’s Compensation

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Published on March 14, 2022March 17, 2022By Prachi Bhardwaj
Leave a comment6776 views
Case BriefsSupreme Court

Interchangeability of unfilled posts of SC/ST category can be done only by the department concerned, not by appointing authority : SC

Supreme Court: The bench of Indidra Banerjee and JK Maheshwari*, JJ the interchangeability of the vacant unfilled posts of SC category may

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Published on March 14, 2022March 14, 2022By Prachi Bhardwaj
Leave a comment5547 views

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