Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“The Courts should not use a magnifying glass while scanning the tenders and make every small mistake appear like a big blunder. In fact, the courts must give ‘fair play in the joints’ to the government and public sector undertakings in matters of contract”.
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As per reports, Jain was admitted to ICU on Thursday after collapsing in the prison due to dizziness.
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“To be truly unified both in form and in substance, there must be integration in terms of pay, pension and other service conditions between the District Judiciary, the High Courts and the Supreme Court. Hence, any increase in the salary of the judges of the High Court must reflect in the same proportion to the judges in the District Judiciary.”
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The contempt petition against the US resident was outcome of matrimonial dispute as he had committed breach of settlement orders and showed scant respect for the Court by defying the orders of the Court.
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What was compromised between the complainant and accused is not just their disputes, but justice, fair play, good conscience and the fundamental principles of criminal jurisprudence. In fact, the case at hand is one where there are two teams, but no one knows who is playing for which team and where the match was fixed.
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Supreme Court said that whether any particular facts constitute a cause of action has to be determined with reference to the facts of each case and with reference to the substance, rather than the form of the action. If an infringement of a right happens at a particular time, the whole cause of action will be said to have arisen then and there.
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The impugned judgment was based on an undertaking agreed between the parties wherein Cinema Ventures were to pay the default amount, failing which the right to walk, take over and run the cinema hall will be owned by Dart Properties Private Limited.
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The Supreme Court observed that just as bad coins drive out good coins from circulation, bad cases drive out good cases from being heard on time.
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Justice Ajay Rastogi and Bela M. Trivedi delivered their split verdicts while examining the challenge raised against the Judgment of Rajasthan High Court, dismissing the appeals of the qualified candidates of OBC, EWS category.
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The Supreme discussed the very foundation of Article 254(2) of the Constitution and commented that comparing two legislations of State and Centre would be akin to comparing chalk and cheese, i.e., two essentially unequal entities.
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The ruling came in a batch of cases where new owners of properties, purchased in auction sales, have been denied electricity connections due to the previous owners’ failure to pay their electricity dues.
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The Court granted interim relief to the homebuyers viewing the interim protection granted by the Delhi High Court vide order dated 25-05-2022.
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This ruling is significant in the light of the judgment dated 01-05-2023, wherein the Constitution Bench had held that the Supreme Court has the power to dissolve a marriage on the ground of irretrievable breakdown under Article 142(1) of the Constitution of India.
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Supreme Court considered the fact of inordinate delay of 3 years in filing the FIR.
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The Court said that the prohibition imposed on the film by West Bengal suffered from over breadth.
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“The principle of equal pay for equal work cannot be invoked or applied invariably in every kind of service and certainly it cannot be invoked in the area of professional services when these are to be compensated”
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The Supreme Court said that this decision on the Tamil Nadu Amendment Act would also guide the Maharashtra and the Karnataka Amendment Acts. Thus, it held that all the three Amendment Acts are valid legislations .
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The Supreme Court observed that the petitioner was on a ventilator earlier but was discharged due to non-availability of proper medical treatment in the prison.
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The status report indicated the steps taken to bring normalcy to the law and order situation in the State, security measures taken for protecting religious places and details of relief camps.
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“There is no valid reason ground for the state not accepting the recommendation of the State level Committee for premature release of the Appellant. Supreme Court is not oblivious to the crime but they are equally not oblivious to the fact that the Appellant has already suffered at the cruel hands of fate.“
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