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SC awards 30 years RI to man who killed 2 brothers & nephew; Finds imposition of death penalty on the day of conviction itself, wrong

Supreme Court: In a case where the trial court had convicted the accused and imposed death penalty on the very same day,

Case Briefs Supreme Court

Explained| Can proceedings against a charge-sheeted accused be quashed if other suspects have not been charge-sheeted?

Supreme Court: The bench of MR Shah and BV Nagarathna, JJ has held that merely because some of the persons who might

Case Briefs Supreme Court

Right to promotion is not considered to be a fundamental right but consideration for promotion has now been evolved as a fundamental right: Supreme Court

Supreme Court: The 3-Judges Bench comprising of D.Y. Chandrachud, Vikram Nath* and B.V. Nagarathna, JJ., set aside the seniority list prepared by

Case Briefs Supreme Court

Consumer Protection| Open to NCDRC to direct deposit of entire or more than 50 % of the amount ordered by SCDRC while staying SCDRC ‘s order: SC

Supreme Court: Explaining the scope of Section 51 of the Consumer Protection Act, 2019, the bench of MR Shah* and BV Nagarathna,

Case Briefs Supreme Court

No relief to Pak national serving “consecutive” sentences in two cases since 1999, as SC refuses to show any leniency to offenders under NDPS Act

“No leniency should be shown to an accused who is found to be guilty for the offence under the NDPS Act. Those persons who are dealing in narcotic drugs are instruments in causing death or in inflicting death blow to a number of innocent young victims who are vulnerable.

Case Briefs Supreme Court

Explained| Can ITAT recall an order while exercising powers under Section 254(2) of the Income Tax Act?

Supreme Court: Explaining the scope of jurisdiction of ITAT, the bench of MR Shah* and BV Nagarathna, JJ has held that the

Case Briefs Supreme Court

‘Irregularity in cognizance order does not vitiate trial’; SC finds no “failure of justice” in cognizance by Special Judge in Karnataka iron ore illegal mining case

“For vitiating the proceedings, something more than a mere lack of authority has to be established.”

Case Briefs Supreme Court

SC relief to death row convicts who killed 8 members of their brother’s family over property dispute; To serve LI for 30 years

“There is a bounden duty cast on the Courts to elicit information of all the relevant factors and consider those regarding the possibility of reformation, even if the accused remains silent.”

Case Briefs Supreme Court

Contractual bar on interest doesn’t only bar the parities from claiming it but also the Arbitrator from awarding it: SC

“Once the contractor agrees that he shall not be entitled to interest on the amounts payable under the contract, including the interest upon the earnest money and the security deposit, the arbitrator in the arbitration proceedings being the creature of the contract has no power to award interest”

Case Briefs Supreme Court

HC quashes proceedings based on “draft charge-sheet” yet to be placed before Magistrate! Clear abuse of S. 482 CrPC, holds SC

Supreme Court: In a case where the Gujarat High Court had quashed criminal proceedings at the behest of persons who were not

Case Briefs Supreme Court

SC not pleased with Raj HC granting bail merely by “keeping in view the facts and circumstances of the case”; says Courts must record reasons

Supreme Court: In a case where Rajasthan High Court had granted bail by merely “keeping in view the facts and circumstances of

Case Briefs Supreme Court

Mere renumbering of case file by the NIA Mumbai does not take away power of the ATS to continue investigation; SC affirms HC’s decision in Bombay bomb blast conspiracy case

“Mere receipt and recording of such information (through an FIR) by itself does not mean that the investigation has also commenced. Rather, the investigation commences when the police takes the first step (of proceeding to the spot or collecting evidence or speaking to a witness or arresting the accused person) on the basis of such information.”

Case Briefs Supreme Court

Explained| Same offence but separate trials – Can appellate court pass common judgment based on evidence recorded in only one trial?

Supreme Court: In the case where two different criminal appeals were being heard against two sets of accused, on account of one

Case Briefs Supreme Court

National Security Act| Delay in considering representation; non-communication of rejection strike at the heart of fundamental rights of detenu: SC

“Preventive detention in independent India is to be exercised with utmost regard to constitutional safeguards.”

Case Briefs Supreme Court

Karnataka High Court calls person committing suicide a ‘weakling’! Don’t diminish the gravity of mental health issues, says SC

“How an individual copes up with a threat- both physical and emotional, expressing (or refraining to express) love, loss, sorrow and happiness, varies greatly in view of the multi-faceted nature of the human mind and emotions.”

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SCC Online Weekly Rewind Episode 33rd ft. Nilufer Bhateja

SCC Online Weekly Rewind Episode 33rd ft. Nilufer Bhateja, Associate Editor is out now. The written episode along with the video episode

Case Briefs Supreme Court

Nomenclature of a Tax does not determine the nature of the levy or its true character: Supreme Court

Supreme Court: The 3-judg bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has upheld the validity of Sections 52

Case Briefs Supreme Court

IBC and Limitation| Words “order is made available to the aggrieved party” consciously omitted from Section 61(1)&(2): SC. Read why

“The IBC, as a prescriptive mechanism, affecting rights of stakeholders who are not necessarily parties to the proceedings, mandates diligence on the part of applicants who are aggrieved by the outcome of their litigation.”

Case Briefs Supreme Court

‘Furlough not a legal right’: Supreme Court explains difference between Parole and furlough

“Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.”

Case Briefs Supreme Court

Principles governing power of Courts to direct Retrial and Joint Trial, as laid down by Supreme Court

Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has lucidly laid down the principles governing