SC disposes of petition against BJP MP Brij Bhushan after Delhi Police registers FIR in sexual harassment case
The Court said that the purpose of the petition was to register FIR against Brij Bhushan, which has been served.
Supreme Court
Supreme Court: Service rendered as work charged after regularisation of service shall be counted for pensionary benefits
Supreme Court observed that allowing the instant appeal would tantamount regularizing the appellants' services as work charged from the initial appointment.
[Bilkis Bano Case]: SC rebukes convicts for attempting to avoid Bench from hearing case; Government agrees to produce remission records of premature released convicts
The Court noted that the convicts have been making attempts to avoid the Bench from hearing the case.
Right to default bail under S. 167(2) CrPC cannot be denied by filing chargesheet without completing investigation: Supreme Court
The right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right flowing from Article 21 of the Constitution of India, observed the Supreme Court.
Supreme Court Constitution/5-Judge Bench Roundup | The momentous same-sex marriage hearing dominates the month of April 2023; Big ruling on unstamped arbitration agreement
Don’t miss out on the 5-Judge Bench verdict pertaining to non-admissibility of an unstamped arbitration agreement and Constitution Bench hearing pertaining to the petitions seeking legal recognition of same sex marriage under several Acts, including the SMA, 1954, the FMA, 1969 and HMA, 1955.
Irretrievable Breakdown of Marriage: Decoding Supreme Court judgment on grant of divorce under Article 142 of Constitution; waiver of 6 month’s cooling off period
Given the expansive amplitude of power under Article 142(1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that arises from adopting an individualistic approach as to the exercise of the Constitutional power, observed the Supreme Court
Further Investigation permissible even after the final report laid before the Magistrate has been accepted: Supreme Court
The Supreme Court made clear that further investigation cannot be put at par with prosecution and punishment and hence, the principle of double jeopardy would not apply.
Explained| Why Supreme Court quashed forgery, cheating case against late Prakash Singh Badal and son Sukhbir
The Supreme Court’s decision shall not affect the pending proceedings before the High Court of Delhi against the order of the ECI as the Court did not express anything on the Constitution of the Shiromani Akali Dal
Supreme Court can dissolve marriages on “irretrievable breakdown” by invoking powers under Article 142; holds Constitution Bench
The Supreme Court also held that the mandatory waiting period of 6 months for divorce by mutual consent can be dispensed subject to requirements and conditions laid down in previous Supreme Court judgments.
SC’s direction to Uttarakhand Public Service Commission to provide scribe helps Judicial Service aspirant with writer’s cramp in appearing Preliminary Examination
The Court noted that the All-India Institute of Medical Sciences had issued a certificate to the petitioner indicating that he is suffering with writers’ cramp.
Reformative element requires equal attention before imposing fixed term sentence without remission: Supreme Court
The Supreme Court stated that it was imperative to conduct evaluation of mitigating circumstances at the trial stage, in order ‘to avoid slipping into a retributive response to the brutality of the crime’.
West Bengal Teachers’ Recruitment Scam| Justice Abhijit Gangopadhyay versus Supreme Court: Explained
In an interview with ABP Ananda, Justice Gangopadhyay had made remarks against TMC leader Abhishek Banerjee in relation to the West Bengal Teachers Recruitment Scam case, which was pending before him.
SCBA condemns BCI for opposing same-sex marriage hearing before Supreme Court
BCI had earlier opposed the ongoing same sex hearing before Supreme Court saying that the matter should be left for Parliament to decide.
“Undue leniency in sentencing shakes public confidence in Criminal Justice System”: Supreme Court modifies sentence in minor’s rape-murder case
Supreme Court considered the case wherein the Trial Court proposed award of death sentence for rarest of the rare case, while the Jharkhand High Court modified it to life imprisonment for whole biological life without any scope for remission.
Explained| Supreme Court judgment on application of principle of Res Judicata and other CPC provisions
The Supreme Court said that before examining the defendants’ ground of res judicata to oppose the eviction petition, several aspects may have to be looked into, like whether such an issue was substantively at issue in the previous suit and similar such other questions may crop up.
We Dissent! Here’s why 2 out of 5 Judges of Supreme Court ruled unstamped arbitration agreements are valid at pre-referral stage
The practice of dissent in judicial decision-making process plays a critical role in revealing constitutional commitment to deliberative democracy. Allowing judges to express differing views and engage in a dialogue about the law and its interpretation can potentially lead to a more nuanced and refined understanding of the law, as the Court grapples with competing interpretations and seeks to reconcile them in a principled manner.
SC finds directions prescribing uniform one km Eco- Sensitive Zones around forests, Sanctuaries ‘impossible to implement’; modifies order
The Supreme Court said that if the directions are continued, rather than avoiding man-animal conflict, it will intensify the same.
Consumer Forums cannot award Compound Interest as Compensation under Consumer Protection Act, 1986 in Real Estate Disputes: SC
The Court observed that for determination of compensation, the Consumer Forum must examine the time value for money, an in-depth analysis of all the facts and materials surrounding factors, including uncertainties of market are to be considered.