Bringing you the Best Analytical Legal News
The Supreme Court held that a transaction involving receipt of money with an obligation to return it with promised interest constitutes a ‘deposit’ under the MPID Act regardless of nomenclature.
The Supreme Court held that a wife pursuing her professional career and living separately for her child’s welfare cannot amount to cruelty or desertion.
The Supreme Court held that a partition decree determining shares, possession, mesne profits and mode of sale can be executable without a separate final decree, setting aside M.P. High Court orders that stalled execution proceedings.
The Court took note of the hallucination of facts in the Punjab and Haryana High Court’s order while setting it aside.
The Supreme Court held that remission cannot be denied solely on the heinousness of the offence and quashed the Ministry of Home Affairs’ non-speaking order rejecting a life convict’s premature release after 22 years of incarceration.
This report covers the Supreme Court’s Never Reported Judgment on power of Supreme Court to transfer cases dating back to the year 1955.
The Court directed the confiscation of the property where a claim, which was presented to be based on a will, but was in substance an attempt to obtain judicial recognition of a benami transaction.
Supreme Court dismissed SLP filed by BMRCL challenging Karnataka High Court judgment restoring arbitral award in favour of Navayuga Engineering Company, reiterating limited scope of interference under Sections 34 and 37, Arbitration and Conciliation Act, 1996 and upholding award including finance charges as compensatory claim.
The Supreme Court held that a digitally signed order is the final and binding order of the Court and that corrections or refinements to a dictated draft before signing are permissible so long as they do not materially alter the judgment.
The Court directed the confiscation of the property where a claim, which was presented to be based on a will, but was in substance an attempt to obtain judicial recognition of a benami transaction.
Supreme Court observed that the word “may” in Regulation 10, 1976 Regulations, from any standpoint, is directory and construing it as mandatory would remove the discretion available to the employer in dynamic circumstances.
“The ability to understand and be understood in one’s own language is not a matter of convenience, but a matter of existential rights, for comprehension must necessarily precede meaningful participation in the society and day to day life activities.”
“The requirement that the place must be one “within public view” can be said to be substantiating the other elements of the offence under the SC/ST Act. It is therefore a sine qua non for making out the offence under the SC/ST Act.”
“The Court wields considerable authority, yet the true essence of judicial magnanimity lies in restraint. Measured reprimand and corrective guidance remain the wiser course over sheer penal consequence.”
“If individuals entrusted with enforcing the law themselves secure entry into service through deception and fabricated credentials, it would seriously erode the Rule of Law.”
SC upgrades ICMIS to streamline case management by automating data retrieval, reducing errors, boosting efficiency, and strengthening administration.
The Court denied the electricity distribution company the depreciation cost for the Plant’s technical useful life, instead of the regulatory recovery period under the tariff framework.
‘Su-Sahayak’, the Supreme Court’s interactive virtual guide, simplifying access to e-services and FAQs.
Supreme Court allowed appeals by formaldehyde manufacturing units in Rajasthan and Haryana and quashed NGT closure orders over absence of prior Environmental Clearance under the EIA Notification, 2006.
“The present case does not involve a straightforward financial debt-fault scenario warranting initiation of CIRP. The facts disclose a dispute which is predominantly contractual in nature and is subject matter of the proceedings before the DRT-the appropriate forum for recovery.”