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To identify whether the case of an accused under S. 302, IPC falls in the category of ‘rarest of the rare’ case, for the purpose of modification of sentence, it is no consideration by itself that the accused is a first-time offender and has no antecedents.
Supreme Court clarified that the substituted Regulation 30-A of IBBI Regulations clearly provided for withdrawal applications being entertained before constitution of Committee of Creditors.
Supreme Court commented on the patent illegalities and the pro-active exercise of multiple jurisdictions in the instant case.
Law Clerk will be paid a consolidated remuneration of Rs. 80,000/- per and Rs. 90,000/- per month if given an extension after twelve months of the initial assignment.
Supreme Court said that the Home Guards shall be entitled to the periodical rise which may be available to the Police personnel of the State and the DCA to be paid to the Home Guards be periodically increased taking into consideration the minimum of the pay to which the Police personnel of the State are entitled considering periodical increase from time to time.
Don’t miss out on the Constitution bench verdicts delivered on appointment of members of the Election Commission of India and the curative petition seeking enhancement of compensation for the victims of the world’s largest industrial disaster- the Bhopal Gas Tragedy.
Supreme Court noted that one of the reasons for overcrowding of jails given by the Allahabad High Court in the impugned order cannot be considered for releasing on bail in the offences of serious nature
Supreme Court said that if the alternative plea introduced by plaintiff through an amendment is one which the defendant set up in his written statement, although inconsistent with the original plea, the Court is not precluded from allowing the amendment if it does not prejudice the defendant.
The three Supreme Court collegium resolutions were passed dated 28-03-2023.
Supreme Court said that when reliance is placed on circumstantial evidence to prove the demand for gratification, the prosecution must establish each and every circumstance from which the prosecution wants the Court to draw a conclusion of guilt.
Supreme Court said that if the sentence carrying a maximum sentence of death and a minimum sentence of life sentence has such low evidentiary threshold, the difference between punishments for kidnapping under 363, 364 and 364-A shall become meaningless.
Supreme Court said that a stand of whichever court, cannot be allowed to stand, if it is in ignorance of constitutional provisions
The Supreme Court stated that an open ballot system does not mean it was open to one and all, but only to the authorised political party representative which was necessary to prevent cross voting and maintaining party discipline.
Supreme Court quashed the original complaint and said that respondent miserably failed to discharge his burden to prove deficiency in service on part of the bank.
“If there is a denial of a fundamental right under Part III of the Constitution or there is a jurisdictional error or error apparent on the face of the record, the High Court can exercise its jurisdiction”, stated the Supreme Court
Supreme Court held that when an affinity test is conducted by Vigilance Cell, the result of the test along with all other material on record having probative value will have to be taken into consideration by the Scrutiny Committee for deciding the caste validity claim
Supreme Court said that the object and purpose of the enactment of UAPA is to provide for more effective prevention of certain unlawful activities. To punish such a person who is continued as a member of such unlawful association which is declared unlawful due to unlawful activities can be said to be in furtherance of providing for effective prevention of the unlawful activities.
Supreme Court said that merely providing the mode or machinery/mechanism for recovery of tax payable by the transferer/supplier from buyer deducting tax at source and depositing the same with Revenue cannot be said to be ultra vires to Tripura Sales Tax Act and Rules.
The Supreme Court observed that the undertrial prisoners/convicts were not released on merits but were released only to prevent the spread of COVID-19 virus among prisoners in over-crowded prisons.