Supreme Court Archives

‘Transfer of trial to another State will cause serious impediment’; Supreme Court refuses to transfer murder case trial outside State of West Bengal

Supreme Court commented on the patent illegalities and the pro-active exercise of multiple jurisdictions in the instant case.

Case Briefs Supreme Court

No person accused of trading commercial quantity of narcotics is liable to be released on bail unless Court is satisfied of reasonable grounds proving innocence| SC

A regular offender, mastermind, kingpin of “ganja” trade cannot be granted bail if prima facie guilt is established and is likely to commit the same offence when enlarged on bail.

Case Briefs Supreme Court

Orissa High Court has rightly directed to pay Duty Callup Allowance for Home Guards; Supreme Court modifies the effective date

Supreme Court said that the Home Guards shall be entitled to the periodical rise which may be available to the Police personnel of the State and the DCA to be paid to the Home Guards be periodically increased taking into consideration the minimum of the pay to which the Police personnel of the State are entitled considering periodical increase from time to time.

Case Briefs Supreme Court

Nature of allegations, Seriousness and Gravity of the offence must be considered along with cogent reasons for granting bail in serious offences; Supreme Court sets aside bail order of Allahabad HC

Supreme Court noted that one of the reasons for overcrowding of jails given by the Allahabad High Court in the impugned order cannot be considered for releasing on bail in the offences of serious nature

Case Briefs Supreme Court

Explained | Supreme Court explains the amendment of plaint under Order 6 Rule 17 of CPC and maintainability of fresh suit as per Order IX Rule 9 of CPC

Supreme Court said that if the alternative plea introduced by plaintiff through an amendment is one which the defendant set up in his written statement, although inconsistent with the original plea, the Court is not precluded from allowing the amendment if it does not prejudice the defendant.

Case Briefs Supreme Court

Allegation of demand of gratification and acceptance made by a public servant must be established beyond a reasonable doubt; Supreme Court set aside order of conviction

Supreme Court said that when reliance is placed on circumstantial evidence to prove the demand for gratification, the prosecution must establish each and every circumstance from which the prosecution wants the Court to draw a conclusion of guilt.

Case Briefs Supreme Court

For proving threat under S. 364-A IPC, intimidation of kidnapped victim, for the purpose of making him silent, cannot be enough.: SC

Supreme Court said that if the sentence carrying a maximum sentence of death and a minimum sentence of life sentence has such low evidentiary threshold, the difference between punishments for kidnapping under 363, 364 and 364-A shall become meaningless.

Case Briefs Supreme Court

UAPA Judgment| Justice Sanjay Karol’s opinion on reliance on American decisions to read down Section 10 UAPA

Supreme Court said that a stand of whichever court, cannot be allowed to stand, if it is in ignorance of constitutional provisions

Case Briefs Supreme Court

Banks must hear borrowers before classifying their accounts as fraud as it may lead to its ‘civil death’: Supreme Court

The Supreme Court observed that principles of natural justice should be necessarily read into the provisions of the Master Directions on Frauds, to save it from the vice of arbitrariness.

Case Briefs Supreme Court

Complaints with ‘highly disputed questions of facts’ cannot be decided by Consumer Disputes Redressal Commission/Forum: Supreme Court

Supreme Court quashed the original complaint and said that respondent miserably failed to discharge his burden to prove deficiency in service on part of the bank.

Case Briefs Supreme Court

High Courts have jurisdiction to adjudicate upon the Orders passed by the Armed Forces Tribunal, Supreme Court overrules its 2015 judgement

“If there is a denial of a fundamental right under Part III of the Constitution or there is a jurisdictional error or error apparent on the face of the record, the High Court can exercise its jurisdiction”, stated the Supreme Court

Case Briefs Supreme Court

Affinity test not integral for determining the correctness of a caste claim: Supreme Court

Supreme Court held that when an affinity test is conducted by Vigilance Cell, the result of the test along with all other material on record having probative value will have to be taken into consideration by the Scrutiny Committee for deciding the caste validity claim

Case Briefs Supreme Court

Supreme Court refuses to relax wildlife declaration time under Wild Life (Protection) Act, 1972; upholds Kerala High Court Division Bench’s decision

Supreme Court refused to allow relaxation of time for declaration of custody or possession of any captive animal or animal article.

Case Briefs Supreme Court

Explained| Supreme Court’s verdict upholding Constitutionality of S. 10(a)(i) of the UAPA, 1967

Supreme Court said that the object and purpose of the enactment of UAPA is to provide for more effective prevention of certain unlawful activities. To punish such a person who is continued as a member of such unlawful association which is declared unlawful due to unlawful activities can be said to be in furtherance of providing for effective prevention of the unlawful activities.

Case Briefs Supreme Court

“Rule 3A(2) of Tripura Sales Tax Rules, 1976 does not change the chargeability or liability to pay tax”: Supreme Court upholds validity

Supreme Court said that merely providing the mode or machinery/mechanism for recovery of tax payable by the transferer/supplier from buyer deducting tax at source and depositing the same with Revenue cannot be said to be ultra vires to Tripura Sales Tax Act and Rules.

Case Briefs Supreme Court

COVID-19 Parole ends; Undertrial Prisoners/Convicts to return to prisons as Supreme Court directs them to surrender

The Supreme Court observed that the undertrial prisoners/convicts were not released on merits but were released only to prevent the spread of COVID-19 virus among prisoners in over-crowded prisons.

Case Briefs Supreme Court

SCBA cannot assert right over 1.33 acres of Supreme Court land for constructing lawyers’ chambers; Supreme Court dismisses petition filed by Senior Advocate Vikas Singh

The Supreme Court observed that such matters cannot be resolved by the application of judicial standards and have to be taken up on the administrative side of the Supreme Court.

Case Briefs Supreme Court

Prosecution should explain the injuries on accused for a robust case, Supreme Court acquits man convicted in a 2006 murder case

While granting benefit of doubt to accused, the Supreme Court stated that “Taking into consideration the delay in lodging the FIR, with the circumstance of their names not being mentioned in the contemporaneous documents, the possibility of the said accused being falsely implicated cannot be ruled out.”

Case Briefs Supreme Court

“Death Sentence to be imposed only if no possibility of reform”; SC commutes death sentence to 20-years rigorous imprisonment in 7-year-old’s kidnapping-murder case

No mitigating circumstances of the petitioner were taken into account at any stage of the trial or the appellate process even though the petitioner was sentenced to capital punishment.

Case Briefs Supreme Court

Abolition of Orissa Administrative Tribunal Constitutionally valid: Supreme Court

Supreme Court said that the object of the Administrative Tribunals Act is to reduce arrears and enable the provision of speedy justice to litigants. Abolishing a State Administrative Tribunal would not frustrate this objective because SATs are not the only method by which the object is capable of being achieved.