2024 SCC Vol. 1 Part 4
Constitution of India — Arts. 141 and 137 — Applicability of law declared by Supreme Court: Clarification application as to applicability of
Supreme Court
Supreme Court grants bail to Sadanand Kadam in Sai Resort Money Laundering case
Supreme Court directed that Sadanand Kadam to be produced before the Special Court within one week from the date of this order.
Supreme Court illuminates on bail under Section 43D (5) of UAPA against general rule of CrPC
Supreme Court observed that “mere delay in trial pertaining to grave offences as one involved in the instant case cannot be used as a ground to grant bail.”
Supreme Court imposes Rs 50,000 costs on members of TNFA challenging appointment of a committee to look into its affairs
Supreme Court directed that the cost be deposited with the Supreme Court Middle Income Group Legal Aid Services
Essar Case | Supreme Court allows ArcelorMittal Nippon Steel – Indian Oil to appoint arbitrators
Supreme Court set aside the Delhi High Court’s decision rejecting IOCL’s plea seeking appointment of an arbitral tribunal to settle claims.
SC directs Registry to stop referring to Trial Courts as Lower Courts
Record of the Trial Court should be referred to as the ‘Trial Court Record’ and not ‘Lower Court Record’.
Never Reported Judgment| Vague and uncertain agreements in a contract are not capable of specific performance [(1952) 2 SCC 547]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on specific performance of contract.
Supreme Court clarifies stay on MoEFCC’s office memoranda permitting ex post facto environmental clearance
“The order dated 02-01-2024 will not come in the way of competent authorities considering proposals for modifications/alterations in the environmental clearance if the area of the projects had a valid environmental clearance prior to 07-07-2021.”
S. 377 IPC decriminalised in 2018 Navtej Singh Johar case; SC declares curative petition against 2013 Suresh Kumar Koushal Judgment infructuous
A curative petition is a petition which requests the court to review its own decision even after a review petition is dismissed. It is considered as the last and final option available for redressal of grievances.
SC disapproves NGT’s frequent ex-parte orders; says ‘a beacon of environmental protection must balance between justice and due process’
“The Tribunal must tread carefully to avoid the oversight of propriety, the practice of ex-parte orders and the imposition of damages amounting to crores of rupees.”
No bar to examine discharged prosecution witness as defense witness: Supreme Court
Supreme Court permitted the appellant to examine the prosecution witness as defense witness and kept it open for the prosecution to cross-examine the said witness.
Know Thy Judge| Supreme Court of India: Justice Dipankar Datta
Justice Dipankar Datta was born on 09-02-1965 in a Bengali family. He served as a Judge in Calcutta High Court, and as Chief Justice of Bombay High Court, then he was sworn in as Supreme Court Judge on 12-12-2022 by Dr Justice D.Y. Chandrachud, the Chief Justice of India.
Supreme Court grants bail to 24-year-old boy imprisoned for more than 15 months in NDPS case
All other three similarly situated co-accused persons have been granted bail by the Rajasthan High Court.
Know why Supreme Court modified murder conviction to Section 304 part 2 of IPC for one out of four accused
While convicting the said accused under Section 304 Part 2 of IPC, the Court sentenced him to undergo imprisonment for 10 years.
POCSO| Supreme Court sentences 45-year-old man to 30 years imprisonment for raping 7-year-old girl in temple
A fine of Rs. One Lakh was imposed on the victim to meet the medical expenses and rehabilitation of the minor victim.
Govt. accepts Parliamentary Committee’s recommendation for Supreme Court Regional Benches
The matter was sub-judice before the Constitutional Bench of the Supreme Court, and that the Supreme Court had been consistently rejecting the proposal for setting up Supreme Court Benches outside Delhi.
SC upholds Karnataka HC’s decision granting 15% interest on belated refund of Duty Drawback to Civil Construction under Exim Policy 1992-1997
“The benefit of duty drawback would take effect from the date of enforcement of the Exim Policy and in case of belated refund of duty drawback, interest rate fixed by the Central Government at the relevant point of time is applicable”.
Inside Supreme Court verdict on importance of question of jurisdiction at the stage of granting interim relief
“No tribunal, far less a civil court, in exercise of judicial power ought to play ducks and drakes with the rights of the parties.”
When does hiring of motor vehicles give rise to transfer of right to use any goods and amount to sale under Art. 366 (29A) (d)? Supreme Court answers
“Clause 29A(d) of Article 366 of the Constitution of India refers not to the transfer of property in the goods to the buyer but to the transfer of the right to use any goods for any purpose for consideration.”
Chandigarh Mayor Polls | Supreme Court directs election record to be sequestered under custody of PHHC
Supreme Court also directed the meeting of Municipal Corporation, Chandigarh scheduled for 7-02-2024 to be deferred till further orders.