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.
Supreme Court
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
Courts should exercise restraint in exercising power of judicial review in contracts involving complex technical issues; SC reiterates
Supreme Court viewed that the Division Bench of Karnataka High Court, which was considering an appeal against a judgment of a Single Judge rejecting the writ petition, ought to have proceeded with circumspection.
Dying declaration may be sole basis of conviction, but Courts must conclude it to be trustworthy, reliable and one which inspires confidence: Supreme Court
“No doubt, that a conviction can be solely recorded on the basis of dying declaration. However, for doing so, the court must come to a conclusion that the dying declaration is trustworthy, reliable and one which inspires confidence.”
Parliamentary and State Legislature immunity from prosecution: Here’s why Supreme Court’s 7-Judge Constitution Bench is reconsidering PV Narasimha Rao judgment
Since the decision in Sita Soren, decided by the Jharkhand High Court, was appealed against, the Supreme Court constituted a 7-Judge Constitution Bench.
Supreme Court Roundup September 2023| DSPE Act; HIV/AIDS Guidelines; Self-Respect & Secular Marriages; Rights of Children from Null & Void Marriages; & more
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
Mere acquittal in criminal case will not automatically qualify candidate for appointment to a post in law enforcement agency: Supreme Court
“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.”
Supreme Court on Common Intention IPC Section 34 | A case of indiscriminate firing, 2 deaths and several injured
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.
Never Reported Judgment | Rules of Stock Exchange are mere rules for regulation of business and do not affect general law of contract [(1952) 1 SCC 481]
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.
Can Enforcement Officer file complaint under repealed provisions of FERA after enforcement of FEMA? SC answers
“A Statute cannot be interpreted in such a manner that any provision thereof is rendered otiose.”
RPF Constable a railway servant; entitled to claim under Employees Compensation Act, 1923: Supreme Court
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.
‘No indefeasible right to appointment in case of fresh vacancy if candidate secured merit position previously’: SC
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.
SC discusses scope of Judicial Interference with arbitral awards under Section 34 of A&C Act
“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”.
SC orders IAF, Army to pay Rs. 1.55 Crore to Veteran infected with HIV after blood transfusion at Military hospital; Centre and States to issue HIV/AIDS guidelines, welfare schemes
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
Supreme Court refuses to interfere with Calcutta HC order holding Notification altering stage carriage permits as constitutional
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.
Motive under Prevention of Corruption Act | Court cannot be oblivious to statutory presumption permissible under Section 20: Supreme Court
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.