Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The 5-judge Constitution Bench observed that the decision which will be rendered by the nine-Judge Bench in the Sabarimala Temple Review will have a direct impact on the questions which arise for determination in this case.
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“Quality of lawyers is an important aspect and part of administration of justice and access to justice. Half-baked lawyers serve no purpose. It is this quality control, which has been the endeavour of all the efforts made over a period of time.”
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The Supreme Court refused to grant the benefit of General Exception of unsoundness of mind under IPC in favour of the appellant, since he failed to discharge his burden of proof.
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Supreme Court in a case pertaining to allegations of cheating and criminal breach of trust, held that the accused is entitled for anticipatory bail, and directed the Investigating Agency to follow the procedure prescribed under CrPC for investigation against the disabled person
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In the case at hand, the woman had sought Rs. 3 Crores compensation, claiming that as a result of the bad haircut, she could not continue to lead her normal busy life as she no longer looked pretty; she had to face great humiliation and embarrassment; her career in the world of modelling was completely shattered; she went into a state of depression. NCDRC had awarded her Rs. 2 Crore compensation but without any material being produced by the woman to quantify the compensation.
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The Supreme Court observed that if allegations in the petition are vague and are not specific with respect to the alleged offences, it cannot lead to an order for registration of an FIR and investigation on the accusation of commission of the offences alleged.
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Explaining the scope of the territorial jurisdiction of Special Court under the Prevention of Money-laundering Act, 2002, the bench of V Ramasubramanian and JB Pardiwala, JJ also held that the trial of the scheduled offence should follow the trial of the offence of money-laundering and not vice versa.
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The Union of India had approached the Supreme Court in 2010 for enhancement of compensation for Bhopal Gas Tragedy victims through a Curative Petition based on different data recorded by the Courts and actual figures submitted by Union of India in the estimated number of deaths, injuries, expenditure incurred, etc. The Constitution Bench has reserved the verdict on 12-01.2023.
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Supreme Court dismissed the petitions filed by lawyers from Madras HC alleging that Gowri is disqualified from being appointed a judge of a Constitutional Court, as there was no fruitful consultation between the executive and the collegium regarding her antecedents that could reveal her biasness against the minorities in the country.
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The 3-judges Bench of Supreme Court has stayed the impugned order of the Kerala High Court whereby the High Court had asked DLSA to record statements of the detenu and make her undergo counselling. Allegedly, the woman has been kept in illegal detention by her parents.
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Supreme Court reiterated that in terms of Section 4, an appeal cannot be filed before a High Court without court fee, if the same is prescribed. But this provision must be read along with Section 149 of CPC.
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The Constitution bench considered a question of law : whether the instrument was duly stamped or not, was not only contrary to the plain language of Section 11(6A) of the Arbitration Act, but also wholly defeated the legislative intention of the Arbitration and Conciliation (Amendment) Act, 2015, and puts a spoke in the wheel of conduct of the arbitration process at its very inception.
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Supreme Court refused to entertain a plea moved by the consortium and upheld the National Company Law Appellate Tribunal’s order directing the consortium to pay the provident fund and gratuity dues of the employees of Jet Airways
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The woman lost her father during the Covid-19 pandemic and her mother is unwell. She also has a married sister, 10 years older to her. However, all of them showed their inability to raise the child.
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The Court was deciding the case where the ex-employees of Maharashtra State Financial Corporation had challenged decision denying the benefit of revision of pay scales, as recommended by the Fifth Pay Commission, to the employees who had retired or died during the period of 01.01.2006 to 29.03.2010.
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The Supreme Court observed that availability of an alternative remedy does not operate as an absolute bar to the “maintainability” of a writ petition and that the rule, which requires a party to pursue the alternative remedy provided by a statute, is a rule of policy, convenience and discretion rather than a rule of law.
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5-Judge Constitution Bench in a miscellaneous application filed to seek modifications of guidelines prescribed in 2018 Euthanasia Judgment, viewed that the guidelines need modifications. Thus, simplified the process for passive euthanasia.
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The Supreme Court observed that such settlement is nothing but a compounding of the offence and hence, the Court cannot override such compounding and impose its will.
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The Supreme Court considered subsequent development since 1994 as well as the Central Government’s stand while passing the instant order allowing Purse Siene Fishing, keeping the previous decisions of the Court open for deeper consideration.
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The observation of the Supreme Court came in a case where the deposition of the prosecutrix was recorded by the trial court in English language though she had deposed in her vernacular language.
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