Supreme Court

This column will list all the case briefs on the decisions of the Supreme Court

Denial of disability pension
Case BriefsSupreme Court

“There is a difference between the “conclusion” or “opinion”, and “reasons” to support such a conclusion or opinion. The reasons have to be separately mentioned for the conclusion arrived at by the Medical Board. The bare conclusion arrived by the Medical Board cannot treated as the reasons for discharge of the serviceman and denial of invalid pension within the meaning of the Regulations”

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nishikant dubey bjp mp remarks against cji
Case BriefsSupreme Court

“We do not believe that the confidence in and credibility of the courts in the eyes of the public can be shaken by such absurd statements, though it can be said without the shadow of doubt that there is a desire and deliberate attempt to do so”.

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Reasonable accommodation fundamental right
Case BriefsSupreme Court

“The constitutional promise of equality is not merely formal but substantive, requiring the State to take affirmative measures to ensure that PwD and PwBD can meaningfully participate in all spheres of life, including professional education.”

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Supreme Court High Courts reserved judgments
Case BriefsSupreme Court

“We request the Jharkhand State Legal Services Authority to take immediate necessary steps to provide legal assistance in terms of the decision taken by the Supreme Court Legal Services Committee and ensure that the convicts like the petitioners are not left remediless.”

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Supreme Court 498A Judgment
Case BriefsSupreme Court

“Inconsistent decisions coming out from different benches shake public trust and reduce litigation to a punter’s game. It gives rise to various insidious sharp practices like forum shopping spoiling the clear stream of justice.”

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abetment to suicide mens rea
Case BriefsSupreme Court

“The Court would not hesitate to exercise its extraordinary powers which are inherent to quash such proceedings when it comes to fore, and the court is satisfied that allowing the proceedings to continue would be an abuse of process of Court or that the ends of the justice require that the proceedings ought to be quashed.”

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Mother kills daughters
Case BriefsSupreme Court

“It was inexplicable and incomprehensible how a mother who loved her children and who had a cordial relation with her husband could resort to such a violent act and be attributed with the “intention to cause death” of her beloved children, except for coming under some influence or forces beyond her control as claimed by her.”

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Ss 34 47 and 58 Consumer Protection Act 2019
Case BriefsSupreme Court

“Central Consumer Protection Council and the Central Consumer Protection Authority shall in exercise of their statutory duties take such measures as may be necessary for survey, review and advise the government about such measures necessary for effective and efficient redressal and working of the statute”.

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Supreme Court custody ruling
Case BriefsSupreme Court

“We could even have considered giving an opportunity to the father to make suitable arrangements for providing home cooked food to the child but the fact that the child gets no company whatsoever except for that of the father during the interim custody period of 15 days is an additional factor which weighs heavily against his claim for the child’s custody.”

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HC supervisory power art. 227
Case BriefsSupreme Court

“Short-circuiting of procedure to reach hasty outcomes is an undesirable propensity of an overburdened judiciary. Such impulses rendering procedural safeguards and substantive rights subvert certainty and consistency in law and need to be discouraged”.

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Leave encashment under Sikkim Leave Rules
Case BriefsSupreme Court

While leave encashment served to reward the extraordinary work ethic of an employee, its application needed to uphold both the legal rights of the employee and the long-term viability of the institution. Courts, therefore, had to interpret leave encashment provisions and related statutes in a manner that protected against undue financial burden on the employer while ensuring lawful entitlements were honored.

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administrative action violation of natural justice
Case BriefsSupreme Court

“Principles of natural justice are not applicable at the stage of reporting a criminal offence. Providing an opportunity of being heard prior to the commencement of a criminal action, would frustrate the very purpose of initiating a criminal proceeding, which is to meet the ends of justice”.

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