Explained| Can Karta alienate Joint Hindu family property without coparcener’s signature?
Supreme Court: In a suit where the Karta of a Joint Hindu Family, consisting of himself, his wife and his son, had
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This column will list all the case briefs on the decisions of the Supreme Court
Trial Courts have freedom of mind to decide sensitive cases on merit; Appellate courts must refrain from reversing acquittal just for the sake of it: SC
Supreme Court: Reminding the Courts of the importance of hierarchy of Courts, the bench of Sanjay Kishan Kaul and MM Sundresh*, JJ
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Explained| When does the intention to cause death becomes irrelevant to prove an offence under Section 300 “Thirdly” IPC?
Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that once the prosecution establishes the existence of
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‘Bombay HC has “virtually” acquitted Chota Shakil aid of MCOCA charges at interim relief stage’; SC sets aside bail order; directs immediate surrender
Supreme Court: The bench of MR Shah* and Sanjiv Khanna, JJ has set aside the Bombay High Court order releasing a man
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Parties can’t play fraud with the Court by suppressing details of related previous or ongoing legal proceedings: SC
Supreme Court: In a case where the party, in a subsequent petition seeking same relief, had not disclosed the filing of the
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Determination of Pension to be governed by the rule as it existed at the time of joining or the rule in force at the time of retirement? SC answers
“Discrimination, which is not based on any reasonable classification, is violative of all canons of equality enshrined in the Constitution of India.”
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SC awards 30 years RI to man who killed 2 brothers & nephew; Finds imposition of death penalty on the day of conviction itself, wrong
Supreme Court: In a case where the trial court had convicted the accused and imposed death penalty on the very same day,
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Explained| Can proceedings against a charge-sheeted accused be quashed if other suspects have not been charge-sheeted?
Supreme Court: The bench of MR Shah and BV Nagarathna, JJ has held that merely because some of the persons who might
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Right to promotion is not considered to be a fundamental right but consideration for promotion has now been evolved as a fundamental right: Supreme Court
Supreme Court: The 3-Judges Bench comprising of D.Y. Chandrachud, Vikram Nath* and B.V. Nagarathna, JJ., set aside the seniority list prepared by
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Supreme Court affirms HC’s order upholding appointment of Mr. Dinkar Gupta as Punjab DSP
“When a person takes a chance and participates, thereafter he cannot, because the result is unpalatable, turn around to contend that the process was unfair or the selection committee was not properly constituted.”
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Accused cannot be convicted for conspiracy only on the basis of co-accused’s confession: SC
“A few bits here and a few bits there on which prosecution relies, cannot be held to be adequate for connecting the accused with the commission of crime of criminal conspiracy.”
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‘Motor Vehicle Appellate Tribunals’ may soon be a reality? Read SC’s suggestion to Ministry of Law and Justice
Supreme Court: With an aim to curtail the pendency before the High Courts and for speedy disposal of the appeals concerning payment
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Consumer Protection| Open to NCDRC to direct deposit of entire or more than 50 % of the amount ordered by SCDRC while staying SCDRC ‘s order: SC
Supreme Court: Explaining the scope of Section 51 of the Consumer Protection Act, 2019, the bench of MR Shah* and BV Nagarathna,
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No relief to Pak national serving “consecutive” sentences in two cases since 1999, as SC refuses to show any leniency to offenders under NDPS Act
“No leniency should be shown to an accused who is found to be guilty for the offence under the NDPS Act. Those persons who are dealing in narcotic drugs are instruments in causing death or in inflicting death blow to a number of innocent young victims who are vulnerable.
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“Any deviation would defeat the object and purpose of providing such time limit under IBC”; Supreme Court directs to speed up insolvency process of Amtek Auto
Supreme Court: The Division Bench of M.R. Shah* and Sanjiv Khanna, JJ., directed to speed up the insolvency resolution process of Amtek
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Raped in matrimonial home; disbelieved; beaten up! SC believes woman’s sole testimony; finds act of female members of the family “unfortunate”
“Being women at least the sister-in-law and mother-in-law ought to have supported the prosecutrix, rather than beating her and not believing the prosecutrix.”
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Explained| Section 138 NI Act: Is the ‘debt incurred after the drawing of the cheque but before its encashment’ excluded from ‘debt or any other liability’?
Supreme Court: Explaining the scope of the term ‘debt or any other liability’ under Section 138 of the NI Act, the bench
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SC frowns on rising trend to invalidate sexual misconduct proceedings on hyper-technical points after Calcutta HC reinstates BSF head constable based on minor discrepancy
“The history of legal proceedings such as these is a major factor that contributes to the deterrence that civil and criminal mechanisms pose to persons aggrieved of sexual harassment.”
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Divorce| Wife’s act of rejecting posh accommodations of up to Rs. 30 lakhs rent per month “unreasonable”; “Similar” doesn’t mean “totally identical”: SC
Supreme Court: In a divorce proceeding, where a wife had “rejected” all the options for rented accommodation “similar” to her Industrialist husband’s
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Explained| Medical Negligence: Can doctors be held liable for negligence if patient can’t survive surgical procedures?
Supreme Court: The Division Bench comprising of Hemant Gupta* and V. Ramasubramanian, JJ., set aside NCDRC’s order granting 14 lakhs compensation to
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