Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
Supreme Court, while granting interim protection from arrest to Jayanarayan Mishra, issued notice and Dasti notice to the Standing Counsel for the State.
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Supreme Court reiterated that in addition to punishing a contemnor for disobeying its orders, the Court can also ensure that such a contemnor does not continue to enjoy the benefits of his disobedience by merely suffering the punishment meted out to him.
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“A commercial dispute, which ought to have been resolved through the forum of Civil Court has been given criminal colour by lifting from the penal code certain words or phrases and implanting them in a criminal complaint.”
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The Supreme Court gave directions to the Central Empowered Committee, entrusted with monitoring and compliance of the orders of the Supreme Court on Environment, to promote transparency and efficiency in its functioning.
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The Supreme Court was called upon to decide whether the appellant Court was right in rejecting the application of the accused seeking opinion of the handwriting expert in Cheque Dishonour case.
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“The caste or religion of parties should not be mentioned in the memo of parties of a petition/proceeding filed before the Court, irrespective of whether any such details have been furnished before the Courts below.”
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The Court observed that merely for being deployed in Assam, IPS Officers could not be denied benefit under 2007 Rules applicable across the board to their ilk serving across the country.
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The High Court referred to Section 437 of CrPC for grant of bail in a non-bailable offence in three specific circumstances.
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Referring to the ‘doctrine of necessity’, Supreme Court said that had the Working President did not convene the meeting, the elections of the executive body would have been in limbo for an unreasonable amount of time.
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“In the absence of any new evidence in further investigation to substantiate the conclusions drawn by the investigating officer in the supplementary report, a Judicial Magistrate is not compelled to take cognizance, as such a report lacks investigative rigour and fails to satisfy the requisites of Section 173(8) of the CrPC”.
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The Division Bench of Delhi High Court had stayed the order in V.R. Holdings v. Hero Investcorp Ltd., 2023 SCC OnLine Del 1380.
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Section17A of the Prevention of Corruption Act, 1988, introduced with effect from 26-07-2018, bars any enquiry or inquiry or investigation by a police officer into any allegations against public servant, without the prior approval of the authority concerned.
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“The stopping the Salary of the appellant-teachers was not justified, keeping in view that no allegations or proof of commission of any malpractice was found or established.”
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“The punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it will amount to double jeopardy, which is prohibited under Article 20(2) of the Constitution of India.”
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“The principle applicable to circumstantial evidence requires that the facts must be consistent with the hypothesis of the guilt of the accused.”
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“Merely because the Bank had stopped paying subsistence allowance to the workman does not mean that the workman was no more an employee of the Bank.”
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“Department of Empowerment of Persons with Disabilities in the Union Ministry of Social Justice and Empowerment to bear all the expenses incurred by Centre for Disability Studies at NALSAR University of Law.”
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“The Slum Rehabilitation Authority has to act in terms of its own policies and circulars without allowing private or contractual interests to prevail over public policy especially a policy which is welfare based.”
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“An individual’s nonchalant attitude towards financial responsibilities and Court orders can undermine the essence of judicial efficacy.”
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Supreme Court permitted Union Government to encash the amount of Rs. 2,956 Crores comprising of Rs 1,500 Crores offered by way of cash and Rs. 1,456 Crores towards Fixed Deposit Receipts (FDRs).
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