This roundup revisits the analyses of Supreme Court’s judgments/orders on DSPE Act; HIV/AIDS guidelines; Self-respect and secular marriages; Andaman & Nicobar Islands Gang rape case; and more. It also covers Cases Reported in SCC Weekly in the month of September; Explainers on important law points; and Never reported Judgments
“The yardstick to be applied in cases where the appointment sought relates to a Law Enforcement Agency, ought to be much more stringent than those applied to a routine vacancy.”
Based on facts, the Supreme Court said that gunshots fired indiscriminately could be said to be a criminal act done by several persons in furtherance of the common intention of all.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on reciprocal promises in share transactions under the Contract Act, 1872.
“A Statute cannot be interpreted in such a manner that any provision thereof is rendered otiose.”
The Supreme Court settled that the legislative intent was not there to exclude its members or their heirs from the benefits of compensation payable under the 1923 Act or the 1989 Act.
A candidate who had secured the merit rank in 2007 in higher judicial service recruitment examination was seeking appointment to the post, alleging that the post cannot be kept vacant in arbitrary manner once a selected candidate resigns from post.
“Arbitration is a private form of dispute resolution, however, the arbitral proceedings must meet the juristic requirements of due process and procedural fairness and reasonableness, to achieve a ‘judicially’ sound and objective outcome or award”.
The Supreme Court held that the IAF and the Indian Army were vicariously liable, jointly and severally, as the former was Veteran’s immediate employer and the latter was the organization controlling and in charge of the Military Hospital
In the case at hand, because of the impugned notification, the stage carriage permit holders were required to stop at two new bus stations in Burdwan Town, instead of the old bus station where they were used to stop.
Supreme Court pointed out that the pre-trap and post-trap proceedings were duly proved by the prosecution in the instant matter through witnesses who supported the prosecution case.
The Three Judge Bench will be hearing the matter from 18-10-2023.
“It is high time that a consistent and dependable code of investigation is devised with a mandatory and detailed procedure for the police to implement and abide by during the course of their investigation so that the guilty do not walk free on technicalities, as they do in most cases in our country.”
The respondents in the instant matter constituted the borrower, guarantor and the bank (secured creditor), while the appellants were the auction purchasers.
The instant appeals had challenged the orders passed by Kerala High Court, Commissioner of Income Tax (Appeals) (‘CIT(A)’) and Income Tax Appellate Tribunal (‘ITAT’).
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 123 of Transfer of Property Act, 1882.
by Davidson Devashish*
In a suo motu petition for expeditious trial of cases under Section 138 of the NI Act, the Supreme Court directed for creation of Special Courts with retired judicial/administrative officers, as a pilot study for a period of one year from 01-09-2022 to 31-08-2023.
by Onkar Thakur†
“The Criminal Court should decide like cases alike, and in such cases, the Court cannot make a distinction between the two accused, which will amount to discrimination”.