Supreme Court Archives

Specific Relief| Supreme Court shows dismay over Trial Court & Telagana HC’s orders allowing “hopelessly delayed” application seeking extension of time filed after 853 days; sets aside order

The Supreme Court was unimpressed with the explanation given by the plaintiff for the delay of 853 days that he initially fell sick with Jaundice and was later confined to house with High Blood Pressure, Diabetes and other diseases. The petition had extension of time to deposit the balance sale consideration of Rs. 15,00,000/-.

Case Briefs Supreme Court

Insurance Contract must be read as a whole with attempt to harmonise the terms; Supreme Court reiterates

The matter pertains to death of a Constable during election duty and claim of insurance raised after more than 7 years of the incident, wherein, the liability of insurance company and Election authorities was in question before the Supreme Court.

Case Briefs Supreme Court

Supreme Court directs District Coastal Zonal Management Authority to decide on the question of demolition of edible oil pipeline in Chennai

Supreme Court stated that the appellants may approach the relevant Coastal Zonal Management Authority within a period of one month as regards to laying down the pipelines was concerned which will be considered by any application made in regard to the continued use of the pipeline.

Case Briefs Supreme Court

Classification of posts and determination of pay structure falls within Executive’s exclusive domain, Courts and Tribunals should not interfere; Supreme Court reiterates

“The wisdom and advisability of the Courts in the matters concerning the finance, are ordinarily not amenable to judicial review unless a gross case of arbitrariness or unfairness is established by the aggrieved party.”, observed Supreme Court

Case Briefs Supreme Court

EXPLAINED| Why Supreme Court allowed AIADMK leader E. Palaniswami to continue as the interim general secretary

Courts should not interfere in the internal issue of a party and leave it open to the party and its members to take a particular decision for better administration, stated Supreme Court

Case Briefs Supreme Court

Caste-based discrimination in IIT-K| Continuation of proceedings can be a barrier in bringing back cordiality between faculty: Supreme Court disposes of criminal appeal

In a case related to caste-based discrimination against an associate professor of IIT-K by fellow faculty members, the Supreme Court played a conciliatory role and handled a very sensitive matter with equal sensitivity.

Case Briefs Supreme Court

Period of suspension of legal proceedings is excludable in computing limitation period for enforcement of right under Section 22(5), SICA: Supreme Court

Supreme Court held that the period of suspension of legal proceedings is excludable in computing the period of limitation for the enforcement of such right in terms of Section 22(5), SICA. Further, the dismissal of the application under Section 9, IBC on the ground of ‘pre-existing dispute’ cannot be held to be patently illegal or perverse.

Case Briefs Supreme Court

Ad-hoc judicial service does not count as ‘judicial service’ for elevation as a High Court judge: Supreme Court

Some members of the Andhra Pradesh State Judicial Service had claimed that the service rendered by them as District & Sessions Fast Track judges on Ad-hoc basis was not considered for elevation to the Bench of the Andhra Pradesh High Court.

Case Briefs Supreme Court

Supreme Court to examine scope of SHRC’s power to examine a medical negligence case dismissed by NHRC

NHRC had refused to interfere with the instant case of medical negligence, while SHRC issued certain directions. The High Court also did not find anything wrong with the directions of SHRC, hence, the petitioner approached the Supreme Court in the present matter.

Case Briefs Supreme Court

No illegality associated with the establishment of Delimitation Commission for the UT of Jammu and Kashmir: Supreme Court

Supreme Court held that there is neither illegality associated with the establishment of the Delimitation Commission, nor anything illegal about the exercise of delimitation of the constituencies undertaken by it.

Case Briefs Supreme Court

Authorities cannot be punished for inaction in exercise of power within the prescribed period in the absence of statutory bar: Supreme Court

Supreme Court said that the Allahabad High Court committed a serious error in interpreting Rule 176(4) of Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952.

Case Briefs Supreme Court

“Child cannot be used as a pawn to prove allegation of adultery against wife”; SC lays down scope of using DNA profiling in divorce cases

The Supreme Court held that merely because either of the parties have disputed a factum of paternity, it does not mean that the Court should direct DNA test or such other test to resolve the controversy. Only in exceptional and deserving cases, where such a test becomes indispensable to resolve the controversy the Court can direct such test.

Case Briefs Supreme Court

Can Scientist in NTRO be entitled to pensionary benefits, if she is relieved before completion of probation period? Supreme Court answers

Supreme Court held that the respondent could not have been given the pensionary benefits as Scientist -H in NTRO, as before her probation period was completed, she was relieved.

Case Briefs Supreme Court

Effect of estoppel cannot be warded off by persons claiming through the one whose conduct generated such estoppel: Supreme Court

In a suit property where father executed a release deed for relinquishment of rights for valuable consideration, Supreme Court held that the effect of principle of estoppel cannot be warded off by appellants claiming through their father whose conduct generated this estoppel.

Case Briefs Supreme Court

Section 51 of the Transfer of Property Act applies on transferee who makes improvements in good faith on a property, believing himself to be its absolute owner: Supreme Court

Supreme Court upheld the Himachal Pradesh High Court’s order holding the respondent as the owner of the encroached land, as an encroacher cannot claim benefit of Section 51 of the Transfer of Property Act, 1882.

Case Briefs Supreme Court

‘Blanket order directing status quo stalling entire 115-acre project not justified’: Supreme Court

Guided by the principles of prima facie case, balance of convenience and irreparable injury, the Supreme Court set aside the decision of Division Bench of Delhi High Court restraining a commercial project spread across 115-acres.

Case Briefs Supreme Court

Supreme Court grants bail to murder accused in custody for more than 14 months

In a case of Cross FIRs relating to murder and attempt to murder, the Supreme Court has granted bail to the main accused in the murder case

Case Briefs Supreme Court

Decriminalisation of Adultery| Applicability of 2018 Joseph Shine judgment to defence personnels: Supreme Court reserves judgment

Applicant submitted that the 2018 judgment may cause instability within the defence personnel’s services since they function in peculiar conditions who are separated from their families for long durations when posted on borders under challenging conditions, in view of the 2018 judgment, there will always be a concern in their minds about the family indulging in untoward activity.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

[Eknath Shinde v Uddhav Thackeray] SC Constitution bench defers to decide on the issue of reference of 5-judge bench decision of ‘Nabam Rebia’ to a larger bench

The Supreme Court held that the issue of whether a reference to a bench of 7 judges should be made cannot be considered in the abstract, isolated and divorced from the facts of the case. The bench to decide the issue, along with the merits of the case on 21-02-2023.

Case Briefs Supreme Court

Supreme Court grants bail to the accused for economic offences under PMLA on having served 50% of his sentence

The petitioner had contended that on account of his wife’s death, he was released on interim bail and had duly complied with all the conditions and had timely surrendered himself. The petitioner had also mentioned the fact that the two main accused in the case were enlarged on bail three years ago who were residents of Kanpur, Uttar Pradesh.