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“While deciding that whether a debt is a financial debt or an operational debt arising out of a transaction covered by an agreement or arrangement in writing, it is necessary to ascertain what is the real nature of the transaction reflected in the writing.”
This roundup revisits the analyses of Supreme Court’s judgments/orders on Child Care leaves; Eggshell Skull rule; DMRC case; EVM-VVPAT verification; and more. It also covers top stories; Never reported Judgments; Cases Reported in SCC Weekly in April; Know thy Judges; and appointment of new judges
A quick recap of Bail cases passed by the Supreme Court and High Courts in the month of April 2024 along with some top stories on Arvind Kejriwal seeking Interim Bail; Puthiyakavu Temple blast; and more.
Earlier, the Supreme Court has directed the Dean at Sion Hospital to immediately constitute a team for undertaking the medical termination of pregnancy of the minor.
Supreme Court viewed that the accused is entitled to be enlarged on bail pending trial, especially when no antecedents of the accused have been brought on record.
The Supreme Court has issued directions to each State Government to set up a designated Committee, which has its focus on taking steps for setting up new jails, expanding the existing facilities in the jails, and providing facilities to the inmates using technology.
Shivamurthy Murugha Sharanaru, an Indian seer and pontiff was accused of sexually assaulting minor girls and was arrested under the POCSO Act and was released on bail on 08-11-2023.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on quantum of costs.
The Court gave directions for seal of symbol loading, after completion of the symbol loading process.
Supreme Court said that the attempt of the Association of Engineers to grab all the posts available, even those apportioned for the candidates promoted from subordinate services, is totally unequitable.
The application of industry-cum-region test is the standard criteria, followed by the industrial adjudicator, while determining the revision of wages and other facilities, which implies that the prevailing pay and other allowances should be compared with equally placed or similarly situated industrial units in the same region.
An FIR was registered against the ASI and the Police Inspector, alleging the demands for bribe and providing a chargesheet in lieu of Rs.80,000/-.
Supreme Court directed that the accused be released on bail on such terms and conditions as may be imposed by the Trial Court in connection with FIR.
“A repealed provision will cease to operate from the date of repeal and the substituted provision will commence to operate from the date of its substitution.”
Supreme Court said that the Compensation by its nature must be just, and described the compensation awarded to the appellant as ‘paltry’.
“Promotional trailers are unilateral and are only meant to encourage a viewer to purchase the ticket to the movie, which is an independent transaction and contract from the promotional trailer. A promotional trailer by itself is not an offer and neither intends to nor can create a contractual relationship.”
Vide order dated 16-04-2024, the Supreme Court had exempted Mohammed Moquim from surrendering till the next date of hearing.
“Human beings indulge themselves in selective amnesia when it comes to fathom the significance of forests. It is the forests which give life to the Earth by replacing carbon dioxide with oxygen, thereby providing a hospitable environment for the steady growth of diverse life forms.”
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on unlawful consideration.
The State Government has been given exclusive power delegated by virtue of Section 22(1) of the NIA Act to constitute one or more Special Courts for trial of offences under any or all the enactments specified in the Schedule to the NIA Act