Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“Bridging the digital divide is no longer merely a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy and equal participation in public life”.
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While leave encashment served to reward the extraordinary work ethic of an employee, its application needed to uphold both the legal rights of the employee and the long-term viability of the institution. Courts, therefore, had to interpret leave encashment provisions and related statutes in a manner that protected against undue financial burden on the employer while ensuring lawful entitlements were honored.
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In the instant case, a young married couple in their early 20s were murdered via administering them poison in full view of the villagers.
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The Commandant with Border Security Force (BSF) was denied promotion to the post of Deputy Inspector General from the date his juniors were promoted.
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“Principles of natural justice are not applicable at the stage of reporting a criminal offence. Providing an opportunity of being heard prior to the commencement of a criminal action, would frustrate the very purpose of initiating a criminal proceeding, which is to meet the ends of justice”.
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“Misuse of the process of Court with an intent to tarnish the image of judiciary, threatening the integrity, and the efficiency of the judicial system cannot be allowed to be overlooked”.
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In the matter at hand, the accused was an Executive Engineer, Municipal Corporation, Chandigarh, and caused wrongful loss in excess of Rs. 13.66 crore to the Government exchequer by changing the terms and conditions of the Detailed Notice Inviting Tender.
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Supreme Court found that the Tribunal had merely relied on the remarks of the Invaliding Medical Board and the Re-Survey Medical Boards to conclude that, since the appellant’s disability was assessed at less than 20%, he was not entitled to the disability element of the disability pension.
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“It appears that the State of Haryana has not paid any attention to our order dated 3-1-2025 nor has looked into the representation filed by the petitioner”
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“In the interest of justice, equity, and the welfare of the child, we deem it appropriate to grant visitation rights to the wife so that she may gradually rebuild a bond with her daughter.”
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The Court opined that impugned provisions do not warrant judicial interference, because it is well-settled law that courts refrain from intervening in matters of legislative policy or mandate
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“When an appeal against conviction is preferred before the High Court, at the earliest stage, the High Court must examine whether there is a proper statement of the accused recorded under Section 313 of CrPC (Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023).”
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“These directions shall continue to bind the Motor Accidents Claims Tribunal and the Commissioners under the Workmen’s Compensation Act, 1923 till rule-making power is properly exercised by the Government”.
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The original judgment of the Special Court convicted and imposed a sentence of rigorous imprisonment for seven years on the convict. However, the convict had already undergone eleven years of actual sentence.
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“Legislative intent behind proviso to Section 26(1) is to ensure that the landowners receive fair compensation reflective of the market value prevailing at the time of acquisition”.
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“Finality of a lis is a core facet of a sound judicial system. Litigation which had concluded or had reached finality cannot be reopened. If this is permitted, then there will be no finality and no end to litigation. There will be chaos in the administration of justice.”
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“Section 21 does not expressly mandate the claimant to send a notice invoking arbitration to the respondents. However, the provision necessarily mandates such notice, as its receipt by the respondent is required to commence arbitral proceedings”.
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The Court noted that the applicability of the principle of res judicata in criminal proceedings has been examined in several of its earlier decisions, which present divergent views.
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The Court further held that in order to meet the ends of justice and with a view to ensure that public interest is safeguarded and to give effect to the salutary object behind the enactment of the NDPS Act, the decision in Union of India v. Sanjeev V. Deshpande (2014) 13 SCC 1, must be given retrospective application.
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“Effective resettlement of ex-servicemen is necessary to keep the morale of the serving members of the defence forces. If the resettlement of veterans is neglected, the talented youth of the nation may not be motivated to join armed forces.”
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