Supreme Court Archives

‘Right to property not absolute; can be regulated under Town Planning laws’; Supreme Court upholds Rule mandating reservation of Open Spaces in Development Projects

The Supreme Court observed that an owner of land may not have an absolute and unqualified right which is the idea which not unnaturally comes to mind when the idea of ownership is under consideration.

Case Briefs Supreme Court

‘Amount deposited with the Registry should be deposited with banks to avoid loss’; Supreme Court asks Courts/Judicial Forums to frame guidelines

In a builder-home buyers’ dispute, the Supreme Court agreed with the builder ‘s argument that the rule embodied in Order XXI, Rule 4 of CPC, was applicable and the builder could not be fastened with any legal liability to pay interest after April 2005. The bench further opined that all courts and judicial forums should frame guidelines in cases where amounts deposited with the office or registry of the court or tribunal, should mandatorily be deposited in a bank or some financial institution, to ensure that no loss is caused in the future.

Case Briefs Supreme Court

‘Additional Special Road Tax not manifestly unjust’; Supreme Court upholds validity of Section 3A (3) of Himachal Pradesh Motor Vehicles Taxation Act, 1972

The State of Himachal Pradesh had appealed against the High Court’s decision which held Section 3A (3) of Himachal Pradesh Motor Vehicles Taxation Act, 1972 as ultra vires of the powers conferred upon the State Government under the Constitution of India. The Supreme Court set aside the said judgment of Himachal Pradesh High Court upholding the validity of Section 3A (3) and related notifications.

Case Briefs Supreme Court

SC Constitution Bench| Eknath Shinde v Uddhav Thackeray: Uddhav Thackeray faction seeks a 7-judge bench reference to reconsider 5-judge ‘Nabam Rebia’ verdict

Senior Advocate Kapil Sibal went on to argue that the ‘rebel’ MLA’s action was a misuse of the Nabam Rebia principle as this could mean that the disqualification proceedings could be stalled by merely sending a notice seeking the Speaker’s removal. He placed heavy reliance on Article 179 and 181 and the 10th Schedule of the Constitution of India. The hearing before the Supreme Court will continue tomorrow i.e., 15-02-2023.

Case Briefs Supreme Court

Explained| Justice LC Victoria Gowri appointment case vis-à-vis scope of judicial review in matters relating to appointment of High Court judges

Supreme Court said that the conduct of the judge and her/his decisions must reflect and show independence, adherence to the democratic and constitutional values. This is necessary as the judiciary holds the centre stage in protecting and strengthening democracy and upholding human rights and the Rule of law.

Case Briefs Supreme Court

‘Conviction on the basis of ‘last seen’ theory not justified’; Supreme Court acquits accused in a 7-year-old boy’s kidnapping and murder case

The Supreme Court was of the view that the basic principle of criminal jurisprudence is that in circumstantial evidence cases, the prosecution is obliged to prove each circumstance, as well the as the links between all circumstances, beyond reasonable doubt. Such circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability, the crime was committed by the accused and the same should unerringly point towards the guilt of the accused.

Case Briefs Supreme Court

PF and gratuity dues not part of liquidation estate; cannot be recovered under Section 53 of IBC which provides for waterfall mechanism: Supreme Court

Supreme Court upheld the NCLT order that the provident fund, pension fund and gratuity fund are not part of the liquidation estate, for distribution under Section 53 of the IBC and the same has to be paid to the employees under the stated heads.

Case Briefs Supreme Court

ESI Act a social welfare legislation; Factories and establishments liable to pay ESI Contributions irrespective of the number of employees engaged at a time: Supreme Court

Supreme Court held that the Telangana High Court erred in setting aside the demand notice for the period after October 1989 and that the amended Section 1(6) was applied retrospectively. It was of the view that only in the case of demand notice for the period prior to inserting Section 1(6) of the ESI Act, it could be said that the same provision has been applied retrospectively.

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

Ex-communication in Dawoodi Bohras matter deserves to be tagged with 9-judge bench Sabarimala Review due to overlapping issues: Supreme Court 5-judge Constitution Bench

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.

Case Briefs Supreme Court

‘AIBE valid; BCI must ensure quality of lawyers entering the profession’: Read 8 suggestions by Supreme Court 5-Judge Bench

“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.”

Case Briefs Supreme Court

When evidence unambiguously proves the guilt, absence of motive cannot weaken the conclusions: Supreme Court

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.

Case Briefs Supreme Court

Supreme Court grants anticipatory bail to 85% disabled accused in cheating case

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

Case Briefs Supreme Court

Rs. 2 Crores compensation for a bad haircut? Maybe! But not in absence of material supporting claim of loss suffered; Supreme Court asks NCDRC to decide matter afresh

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.

Case Briefs Supreme Court

Petition filed under Section 156(3) CrPC must satisfy the essential ingredients to attract alleged offences: Supreme Court

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.

Case Briefs Supreme Court

Here’s why Supreme Court dismissed Rana Ayyub’s challenge to Ghaziabad Special Court’s territorial jurisdiction in Money Laundering case

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.

Case Briefs Supreme Court

EXPLAINED| The Bhopal Gas Tragedy victims’ case before Supreme Court’s Constitution Bench

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.

Case Briefs Supreme Court

Explained| How in the fight between Justice LC Victoria Gowri’s ‘eligibility’ versus ‘suitability’ to become a judge, ‘eligibility’ won

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.

Case Briefs Supreme Court

Supreme Court stays Kerala HC order directing a woman in same-sex relationship to undergo counselling

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.

Case Briefs Supreme Court

Section 149 CPC acts as an exception, or even a proviso to Section 4 of Court Fees Act ,1870; Supreme Court reiterates

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.

Case Briefs Supreme Court

EXPLAINED| Stamp Act versus Arbitration Act issue on validity of an Unstamped Arbitration Agreement as Supreme Court reserves Judgment

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.