SC grants bail to accused in minor’s gang rape case considering the 5 years period spent in custody and slow progress of trial
Earlier, the Bombay High Court had refused to grant bail to the accused considering the seriousness of the offence.
Supreme Court
Never Reported Judgment | Mohammadan Law of pre-emption applies even to Hindus in Benaras [(1952) 1 SCC 423]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on applicability of pre-emption to non-Muslims.
Know how the Question of abortion versus preterm delivery for unplanned pregnancy led to Supreme Court split verdict
A letter was received by ASG seeking clarification from the Court regarding whether foeticide can be done before termination process since the baby was viable, and that if that was not done, it would be a preterm delivery and not a foeticide.
Family Planning | Know why the Supreme Court allowed termination of unplanned pregnancy at 26 weeks
The woman had adopted Lactational Amenorrhea Method (‘LAM’), a process which implies absence of menstruation due to continuing breast feeding as a contraceptive method.
Wipro’s ‘Chandrika’ Soap | SC restrains Mariyas Soaps and Chemicals from using mark ‘Chandra’
Wipro Enterprises has a registered all India trade mark ‘Chandrika’ since 1976.
Explained | Supreme Court verdict on principles relating to presumption and evidential burden under Ss. 138 & 139 of NI Act
“The accused has miserably failed to discharge his evidential burden, that fact will have to be taken to be proved by force of the presumption, without requiring anything more from the complainant”
Supreme Court delivers split verdict in 26-week medical termination of pregnancy case
The case is of a married couple who conceived for a third time and due to financial and emotional reasons cannot raise the child. The woman sought the court’s intervention for abortion, as her pregnancy had crossed the legally permissible limit of 24 weeks for abortions under the MTP Act
“Multiple inconsistencies in evidence”; Supreme Court acquits murder convicts after 10 years in prison
“When the testimonies of the eye-witnesses suffer from fatal flaws, to sustain conviction on the basis of such unreliable evidence would surely amount to miscarriage of justice”
Telangana High Court directs Bar Council of India to examine the eligibility of final year law students for AIBE
“Bar Council of India is directed to examine the representation of the petitioner after taking note of the Supreme Court’s observations in the case of Bar Council of India v. Bonnie Foi Law College.”
7-Judge Bench of Supreme Court all set to reconsider whether unstamped arbitration agreements are valid in law
Having regard to larger ramifications of NN Global case, the Supreme Court viewed that proceedings should be placed before a seven-judge bench to reconsider the correctness of the view by a five-judge bench.
Why should grounds of arrest be furnished in writing by ED? SC explains constitutional and statutory mandate
“The very purpose of the constitutional and statutory protection would be rendered nugatory if the authorities concerned are permitted to merely read out or permit reading of the grounds of arrest, irrespective of their length and detail, and claim due compliance with the constitutional requirement under Article 22(1) and the statutory mandate under Section 19(1) of the PMLA”.
‘Conclusion of Trial to take reasonable time’; SC grants bail to murder accused in custody for more than 4.5 years
The Court did not express anything on the merits of the case and released the accused considering the period in custody and reasonable time for conclusion of Trial.
Never Reported Judgment| Restrictions imposed on landlord’s rights in public interest are not unreasonable [(1952) 1 SCC 764]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on West Bengal Rent Control (Temporary Provisions) Act, 1950.
Can Karta sell HUF property without the consent of other joint family members? Supreme Court answers
Supreme Court clarified that “an HUF is capable of acting through its Karta or an adult member of the family in the management of the HUF property.”
Trial not likely to be concluded soon; SC grants bail to NDPS accused after 6 years in Jail
The accused had spent nearly 6 years and 2 months in jail, which is more than half the period of punishment for the offences he was charged with.
COVID-19 Limitation Period Suspension included outer limit of period to condone delay: Supreme Court
The appellants mainly averred that the further period of 90 days had not expired on the date of imposition of lockdown as on 23-03-2020.
Child Custody| Supreme Court modifies Family Court’s order, allows father to meet child in mall instead of Court premises
Supreme Court said that the repeated visitation rights in the Court premises would also not be in the interest of the child as the environment during which the visitation rights are exercised would also matter.
Supreme Court rebukes Jharkhand Govt. for sleeping over 20-year-old case on back wages; Summons State’s Chief Secretary
During the hearing, an Advocate on the panel of the State of Jharkhand, has requested the Court to not summon the Chief Secretary, but Supreme Court declined the said request because the present matter has not been assigned to any counsel for the State of Jharkhand.
Lack of facilities, teachers led to cancellation of 2022-2023 admissions; CLAT to cover NLU Tripura Admissions from 2024-2025 onwards: SC
NLU, Tripura is ready for fresh admissions in 2023-2024 with all the available facilities.
Navigating the Hub-and-Spoke Cartel in India: An Analytical Overview of the New Provision
by Sanjay Vashishtha† and Abhay Pratap††
Cite as: 2023 SCC OnLine Blog Exp 75