Part rejection of plaint impermissible under Order VII Rule 11 of CPC: Supreme Court
“The approach adopted by the High Court is incorrect and contrary to the well-entrenched principles of considering an application under Order VII Rule 11 of CPC.”
Supreme Court
Insurer has no right to recover motor accident claim compensation from insured vehicle owner for driver’s fake licence: SC
The burden of proving that there was a failure on the part of the vehicle owner in carrying out due diligence apropos driving licence before employing a person to drive the vehicle is upon the insurance company.
Can acquittal in criminal proceedings entitle delinquent employee for automatic discharge in departmental proceedings? Supreme Court answers
“Departmental proceedings pending criminal trial would not warrant an automatic stay unless, a complicated question of law is involved. Also, acquittal in a criminal case ipso facto would not be tantamount to closure or culmination of proceedings in favour of a delinquent employee”
Minor discrepancies in testimony and cross-examination not sufficient to totally discredit an injured eyewitness: Supreme Court
Supreme Court held the statement of an injured eyewitness to be an important piece of evidence, which cannot be easily discarded by a Court, and that minor discrepancies do not matter.
[Conviction for offence not charged] Acquittal in 304B by Supreme Court accompanies clutches of Section 306 of IPC
Supreme Court found the dying declaration to be genuine, true and not tainted with doubt or shrouded with mystery, reflecting the maker to have stated the true story.
Justice BV Nagarathna: Igniting Hope for the First Ever Woman Chief Justice of India
Justice B. V Nagarathna is currently serving as a Judge of Supreme Court of India. She formerly served as a Judge of Karnataka High Court until her elevation to the Supreme Court. Justice Nagarathna is also the potential contender for the first ever woman Chief Justice of India.
Supreme Court | No bail for Manish Sisodia in Delhi Liquor Excise Policy Scam case
In case of a sloppy trial, the Supreme Court kept scope for Manish Sisodia to file another application for bail.
Never Reported Judgment | When Supreme Court determined title to Pune’s Hadapsar lands that remained undivided in partition of family property [(1952) 2 SCC 104]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on partition of Hadapsar lands under Hindu law.
Land Acquisition Compensation Rate | ‘11 years gap pretty large’: Supreme Court reduces 15% annual increase to 8%
Supreme Court considered what would be fair and just compensation to do justice between the parties so that landowners get a fair and reasonable compensation for losing their land.
Strong incriminating evidence required for application of Res Ipsa Loquitor doctrine; SC upholds NCDRC order denying medical negligence
“For applying the principles of Res Ipsa Locutor, it is necessary that a ‘Res’ is present to establish the allegation of negligence.”
Supreme Court issues directions for lower courts to curb pendency of cases in India
“When millions of consumers of justice file their cases by knocking at the doors of the courts of first instance, they expect speedy justice.”
Inside Supreme Court verdict on the eradication of Manual Scavenging in India
“For ours is a battle not for wealth or for power. It is a battle for freedom. It is the battle of reclamation of human personality.”- Dr. B. R. Ambedkar
Disclosures in criminal matter cannot unreasonably step over right to privacy: Supreme Court acquits woman accused of killing newborn
“Thrusting upon a woman the guilt of having killed a child without any proper evidence, simply because she was living alone in the village, thereby connecting with one another two unrelated aspects; reinforces the cultural stereotypes and gendered identities which the Court has explicitly warned against.”
HC Judges taking up case not assigned by the Chief Justice an act of gross impropriety: Supreme Court
Supreme Court wondered “how a Civil Writ Petition for clubbing First Information Reports could be entertained”.
Supreme Court refers authoritative determination of meaning of ‘vacant land’ to Larger Bench
Supreme Court opined that the interpretation, spirit and object of the Ceiling Act as envisaged during enactment and juxtaposed against the regressive impact experienced in different States as indicated in Statement of Objects and Reasons of the Repeal Act required authoritative determination of related issues by a Larger Bench.
NLSIU | Panel Discussion on Marriage Equality Verdict [October 24, 2023]
Introduction: On 19 October 2023, the Supreme Court delivered a ground-breaking verdict on same-sex marriage. This landmark decision ignited discussions across the
SC cancels murder accused’s bail as witnesses turn hostile; Orders fresh cross-examination and witness protection
Supreme Court found the case fit for recalling the witnesses for further cross-examination but added that the power to recall witnesses under S.311 CrPC ought to be exercised sparingly and mere hostility by a witness, per se, would not be sufficient grounds to infer misuse of concession of bail.
Never Reported Judgment| When in a 4:1 verdict, SC refused to release man detained under Preventive Detention Act; Justice M.C. Mahajan dissented [(1952) 1 SCC 769]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on the Preventive Detention Act, 1950.
[Pre-Institution Mediation] Supreme Court rejects an ‘absolute and unfettered right’ interpretation of S. 12A of Commercial Court Act
Camouflage and guise to bypass the statutory mandate of pre-litigation mediation should be checked when deception and falsity is apparent or established.
Supreme Court issues notice to Tamil Nadu and its DGP over allegations of biased investigations against AIADMK and DMK ministers
The PIL sought transfer of cases pending before investigating agencies to any other independent agencies or CBI.