Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
Supreme Court said that the civil suit filed at the instance of the respondents for taking possession of the subject land is pending for the last 32 years and has not started its journey yet, this is called the travesty of injustice to a person who is indisputedly the title holder and still unable to enjoy the property.
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The Supreme Court proposed that service rules are liable to prevail, and that there can be Government resolutions in consonance and not in conflict with those rules.
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Given the existence of the unambiguous provision, Supreme Court held that the services rendered by primary teachers while in the service of the Zilla Parishad deserves to be counted towards their seniority after the transfer and merger of their services into the Pune Municipal Corporation
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The case pertains to the resurrection of controversy surrounding the Pune Municipal Corporation and Indore Development Authority judgements of the Supreme Court vis-à-vis Section 24 of the Land Acquisition Act, 2013.
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To make the company viable, the unsecured creditor would have to sacrifice to some extent otherwise the revival efforts would fail, observed the Supreme Court..
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The Supreme Court opined that the evidence has to be scrutinized so as to ensure that the totality of the evidence and circumstances relied on, did constitute a complete chain and directly points to the guilt of the convict.
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The Supreme Court observed that the Bombay High Court disregarded the nature and gravity of the alleged offence as well as the the financial stature, position and standing of the accused vis-à-vis the prosecutrix.
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Apart from the impugned order passed by Kerala High Court in the issue relating to illegal alienation of Church’s immovable properties, the Supreme Court said that the High Court crossed all the boundaries of judicial activism and judicial restraint by passing subsequent orders in the present matter, overawing the other authorities.
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Supreme Court said that the cherished principles or golden threads of proof beyond reasonable doubt which runs through the web of our law should not be stretched morbidly which was done by the Courts below.
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Supreme Court said that even if development of Khadi and Cottage Industry is a Directive Principle of State Policy, it does not follow as a corollary that if the State establishes a Board or any organisation to carry out the obligations under such DPSP, it cannot make separate arrangements as regards the service conditions of the employees of such a Board or organisation.
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The Supreme Court observed that effective relief can be granted to a worker only if the permanent address of the workman is furnished in the pleadings.
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The Supreme Court was of the view that the Union of India’s claim for a ‘top up’ had no foundation in any known legal principle. Either a settlement was valid, or it was to be set aside in cases where it was vitiated by fraud. However, no such fraud had been pleaded by the Center.
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The Supreme Court observed that the scope of nature of proceedings under the two Acts are quite different and would not intercede each other.
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Supreme Court reserves judgement in the Maharashtra political crises after hearing rigorous, head-strong arguments from both the Shiv Sena factions for more than a month.
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Supreme Court held that it is not necessary to make obtaining of CTE and CTO mandatory and directed the CPCB to ensure that its guidelines are scrupulously followed and once the guidelines are scrupulously adhered to, no direction to obtain CTE and CTO for starting/operating a petroleum outlet is warranted.
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The Supreme Court stated that if the purchasing dealer fails to establish and prove the said important aspect of physical movement of the goods alleged to have been purchased by it from the concerned dealers and on which the ITC have been claimed, the Assessing Officer is absolutely justified in rejecting such ITC claim.
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Supreme Court did not agree with the MP High Court’s consideration and dismissal of the present matter as reliefs sought under the Writ of Quo Warranto.
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In the case at hand, the juvenile had already undergone incarceration of more than 5 years which was against Section 18 of the J.J. Act, 2015. The Supreme Court noted that the intention of the legislature was to give benefit to a person who is declared to be a child on the date of the offence only with respect to its sentence part.
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The Supreme Court settled the issue relating to the scope and ambit of Section 24 vis-à-vis section 25 of the CPC that arose in view of the peculiar circumstances relating to transfer of a suit wherein two States share a common High Court as provided under Article 231 of the Constitution of India.
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Corrigendum (1994) 3 SCC 1—S.R. Bommai v. Union of India Para 110 is corrected as follows: At page 122b for
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