Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“We say so being fully cognizant of the fact that the judiciary’s efficient functioning is a necessary pre-requisite to maintain the trust and faith of the consumers of justice in the justice delivery system”.
Continue reading
“The point-based process deserves deletion in exercise of powers reserved in paragraph 74 of Indira Jaising-1. When we do this, it will not amount to a review or recall of the decisions. After finding that the point-based assessment is not workable, we will be failing in our duty if we fail to do what we are expected to do.”
Continue reading
The term “cruelty” is subject to rather cruel misuse by the parties, and cannot be established simpliciter without specific instances, to say the least. The tendency of roping these sections, without mentioning any specific dates, time or incident, weakens the case of the prosecutions, and casts serious suspicion on the viability of the version of a Complainant.
Continue reading
“A careful reading of the provisions clearly demonstrates that if more than one injury is caused in the same accident the amount of compensation payable under the Act shall be aggregated, but not to the extent of such aggregation exceeding the amount which would have been payable if permanent total disablement had resulted from the injuries.”
Continue reading
The Supreme Court was considering an appeal appeal against an order of the High Court dismissing the suit while considering an application for an injunction.
Continue reading
In this 14-year-old cold-blooded case, the deceased was hacked to death in front of his own son. During the trial, 71 out of 87 witnesses turned hostile including the relevant ones, thereby leading to the collapse of the prosecution case before Trial Court.
Continue reading
“If the allegations are true, telling a physically challenged man that he and his family should die, and doing so in the immediate aftermath of a grievous acid attack, is not banter. Sensitivity to the social context, where honour and shame weigh heavily, was called for. The offence, no doubt, will have to be established at the trial.”
Continue reading
“The doctrine of Kompetenz-Kompetenz is now firmly embedded in the arbitration jurisprudence in India. This doctrine is based on the principle that an arbitral tribunal is competent to rule on its own jurisdiction including on the issue of existence or validity of an arbitration agreement”
Continue reading
“The illicit sand trade often operates under the shadow of organised crime, undermining the rule of law and weakening governance structures. Therefore, absolute standards with tough policies, strict enforcement and quick accountability are compelling for effective regulatory control.”
Continue reading
“When profile of the allegations emerging from the factual matrix of the case renders existence of mens rea patently absurd or inherently improbable, such prosecution is liable to be quashed as an abuse of process of law.”
Continue reading
“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”
Continue reading
“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”.
Continue reading
The wife had alleged that she married the Appellant-husband because he was an Eye Surgeon, but he turned out to be an Optometrist.
Continue reading
Supreme Court directed that the Union of India should notify the appellants about the mode and manner in which they could exercise this option and provide information regarding the amounts that the appellants will need to remit if they choose to opt for pension under the Rules.
Continue reading
The Court directed that SCBA Elections shall be held on 20-05-2025 and the result shall be declared preferably on the same date or on 21-05-2025.
Continue reading
“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.”
Continue reading
“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.”
Continue reading
“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.”
Continue reading
“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.”
Continue reading
“Common intention is implicit in the charge of gang rape itself and all that is needed is evidence to show the existence of common intention”
Continue reading