Bringing you the Best Analytical Legal News
The Supreme Court, by order dated 9 May 2014 in Subrata Chattoraj v. Union of India, (2014) 8 SCC 795, had directed the transfer of investigation into the Saradha Chit Fund Scam and other chit fund cases from the State Police to the CBI.
Supreme Court held that the contents of documents already excluded from evidence cannot be introduced through oral testimony, while upholding the Bombay High Court’s redaction and imposing ₹10 lakh costs on RIL.
The Court held that the Motor Accidents Claims Tribunal committed a manifest error in granting only ₹5000 to the wife and not awarding any parental consortium to the children.
The Court held that where material facts are disputed, the appropriate remedy ordinarily lies before the competent adjudicatory forum and not before High Court under Article 226 of the Constitution.
The Court observed that a standard labelling format could reduce confusion and make it easier for consumers to make informed purchasing decisions.
The Supreme Court examined whether a writ petition challenging an NCLT order passed under the Insolvency and Bankruptcy Code, 2016 could be entertained when the Code provides a statutory right of appeal under Section 61, in the context of the judicial discipline governing exercise of writ jurisdiction.
In a custodial death case, the Court directed the CBI to register an FIR and investigate the custodial violence, while directing the State of Chhattisgarh to pay ₹25 lakhs as interim compensation to the deceased’s legal heirs
Supreme Court held that termination for suppression of criminal antecedents is not automatic where the employee proves bona fide lack of knowledge, and directed reinstatement with 50 per cent back wages.
The Court condemned witch-hunting as a “malady” that lets prejudice and superstition override the rule of law and constitutional morality, affirming the murder conviction and stressing that reason must prevail over collective irrationality.
The Court held that communication of the Section 69, CGST Act order may be made electronically, in addition to the modes permitted under BNSS and other legally permissible modes of communication.
Two women candidates securing the 6th and 7th positions in Bar Council elections have urged reconsideration of the co-option mechanism, stressing natural justice, electoral representation and meaningful participation of women advocates.
The Court noted that the authorities disclosed a cleavage of opinion on whether separate appeals are required where a suit and counterclaim are disposed of by a common judgment; the practice of drawing up decrees from such judgments differs across States.
The Court particularly disapproved of the manner in which the High Court had examined the disputed questions “as if it were an expert of experts” and concluded that the directions flowing from such examination were “clearly indefensible”.
The Court explained that Insider Trading, in essence, is a “dealing in a company’s securities having been informed by confidential information which is likely to affect the price of the securities in the market, once such information is made public”.
The deceased had made the “supreme sacrifice” in the performance of his duty and had thereafter been posthumously decorated with the Shaurya Chakra, India’s third-highest peacetime gallantry award.
Supreme Court enhanced maintenance for a wife undergoing cancer treatment and her 2 minor children, holding that PF and ESPP deductions are benefits accruing to the husband and not permanent charges.
The July Roundup of Family and Personal Law contains important rulings and judgements from the Courts all over, on succession rights, marriage, divorce, inheritance rights under Oraon customary law and more.
Supreme Court directed all States and Union Territories to strictly comply with its earlier direction to register an FIR upon receiving information regarding any missing person, clarifying that the direction applies irrespective of age or gender.
A quick roundup to cover all the important legal developments and cases this week.
While noting that the reported amounts defrauded had decreased substantially, the Court regarded this trend as certainly encouraging but expressly cautioned that “continued monitoring remains indispensable”.