Supreme Court Roundup October 2024
Legal RoundUpSupreme Court Roundups

This roundup revisits the analyses of Supreme Court’s judgments/orders on Section 6A of Citizenship Act; Intoxicating Liquor; Byju’s Insolvency case; Delhi Education Rules; Brij Bihari Prasad murder case; Pune Triple Murder case; RG Kar Rape and Murder Case; and more. It also covers Top stories; Never reported Judgments; Cases Reported in SCC Weekly in October.

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Madras High Court
Case BriefsHigh Courts

Madras High Court emphasised that the process of talaq requires strict adherence to established procedures. If the husband asserts that he has divorced his first wife by properly pronouncing talaq three times, but the wife disputes this, it raises the critical question of whether the marriage has been validly dissolved.

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Madras High Court
Case BriefsHigh Courts

“It appears that 576 students have received the Diploma Course certificates from the Tamil University, during the Academic Year 2007-08. Though the certificates are said to have been issued with an endorsement ‘not for practice’ and an undertaking was also obtained by the University, in reality, it is not known as to how far it is being followed by the respective certificate holders.”

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Allahabad High Court
Case BriefsHigh Courts

“Whenever even a very small part of an area, reserved for a public purpose, is used for other public purpose, the Gram Sabha concerned, and officials of State will take endeavour to make out a larger consensus amongst the villagers so that they may not approach this Court to oppose the public cause”

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madras high court
Case BriefsHigh Courts

“The data available in the mobile phone has to be converted and thereafter forensic examination of digital evidence has to be made. Hence, the seizure of the phone along with sim card was important as encrypted files are available in the phone. For this reason, the phone was seized, and now sent for forensic examination after obtaining permission from Trial Court.”

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Order postponing bail implementation
Case BriefsSupreme Court

“This is one of the few orders we have come across in last few days passed by the High Court, in which, without deciding the matter on merits, the High Court has granted the bail to the accused, subject to the condition that he shall furnish the bail bonds after six months of the passing of the order.”

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Arbitral mandate extension
Case BriefsSupreme Court

In the Judgment dated 12-09-2024, Supreme Court had held that an application for extension of time for passing an arbitral award under Section 29A (4) read with Section 29A (5) is maintainable even after the expiry of the twelve-month or the extended six-month period. The court, while adjudicating such extension applications will be guided by the principle of sufficient cause.

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Section 6A of Citizenship Act
Case BriefsSupreme Court (Constitution/Larger Benches)

“Section 6A of the Citizenship Act, which was meant to dispel and discourage incoming illegal immigrants, turned out to be a beacon for the illegal immigrants from Bangladesh to come into Assam, by taking advantage of the poor mechanism which is prone to open abuse.”

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Gram Pradhan election
Case BriefsSupreme Court

Supreme Court directed that the entire process of recounting of votes should be video-graphed, and the result of re-count to be signed by the parties, their counsel as well as the Court Commissioner, besides the Presiding Officer of the Election Tribunal.

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Insolvency Process against BYJU
Case BriefsSupreme Court

The present appeal raises substantial questions about the legal framework governing the withdrawal of a CIRP; the settlement of claims after the admission of an application instituted by a debtor; and the scope of the inherent powers vested in the NCLAT under Rule 11 of the NCLAT Rules.

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Section 6A of Citizenship Act
Case BriefsSupreme Court (Constitution/Larger Benches)

Supreme Court affirmed that the cut-off date of 25 March 1971 is rational as on the said date, Pakistani Army launched Operation Search Light to curb Bengali nationalist movement in East Pakistan. The migrants before the operation were migrants of partition towards which India had a liberal policy. Migrants from Bangladesh after the said date were migrants of war and not partition.

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Allahabad High Court
Case BriefsHigh Courts

Without making any observations on the merits at this stage, Allahabad Court granted three days’ time to the Chief Standing Counsel to obtain complete instructions. It instructed that the position regarding the category of the road and the applicable norms should be clarified at the next scheduled hearing.

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