Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“For mens rea to be established, something better than vague statements must be produced before the Court.”
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“The ‘laws’ applicable to the undivided State of Andhra Pradesh would continue to apply to the new States, namely, the State of Telangana and the State of Andhra Pradesh despite the bifurcation of the erstwhile State of Andhra Pradesh till such time they were altered, repealed or amended.”
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“The IBC is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of protocols and procedures maintains legal discipline and preserves the balance between the need for order and the quest for justice.”
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Supreme Court reiterated that it is a social obligation for both sons and daughters to maintain their parents when they are unable to do so.
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“The High Court could exercise its power of judicial review in criminal matters and it could exercise this power either under Article 226 of the Constitution or under Section 482 of the CrPC to prevent abuse of the process of the Court or to secure the ends of justice. The exercise of that power would depend upon the facts and circumstances of each case.”
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Supreme Court said that allowing a party, already aware of the award, to delay proceedings by insisting on procedural formalities would frustrate the expeditious resolution of disputes, undermining the very purpose of the Arbitration Act.
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“When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, the power to grant bail should necessarily be subject to satisfaction of the conditions mentioned in such specific provision.”
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“A written complaint by a public servant before the Court takes cognizance is sine qua non, absence of which would vitiate such cognizance being taken for any offence punishable under Section 186 of the IPC.”
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Noting that hypothecation means the process of using an asset as collateral for a loan. It acts as a protection to the lender when the borrower does not repay the loan, the Supreme Court highlighted that the name of the document is not a decisive factor. Only because the title of the document contains the word hypothecation, it cannot be concluded that guarantee is not a part of this document.
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“Although Section 127 of TPA permits an onerous gift but a gift which is conditioned upon perpetual rendering of services without any remuneration would amount to a “begar” or forced labour, even slavery and therefore it is not just wrong or illegal but even unconstitutional, being violative of fundamental rights of the donees.”
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In the impugned decision, the High Court framed points for the Inquiry Officer to determine the matter and laid down the procedure, the Court held that the High Court overstepped its limits and took unto itself a duty which the Act entrusts the statutory authority to exercise.
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“There must be a close proximity between the positive act of instigation by the accused person and the commission of suicide by the victim.”
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“Cruelty is not enough to constitute offence under S. 498-A IPC, it must be done with the intention to cause grave injury or drive victim to commit suicide or inflict grave injury to herself.”
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SBI suffered losses of Rs. 6.13 Crores approximately, causing a substantial injury to the public exchequer and consequently, hampering the public interest…“Economic offences affect the economy of the country as a whole and pose a serious threat to the financial health of the country. If such offences are viewed lightly, the confidence and trust of the public will be shaken.”
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A sum of Rs. 50 Lakhs has also been awarded to the daughter, in line with the principles of safeguarding the interests of children suffering under distress of such prolonged matrimonial disputes between the parents.
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The absence of any explanation or defense from the convict, coupled with the surrounding circumstances that pointed to his culpability, led the Supreme Court to conclude that the only plausible inference was that the convict had participated in the commission of the crime.
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The wife claimed that her husband’s net worth is Rs 5000 crores, but the Court decided to grant permanent alimony of Rs. 12 crores noting that the wife in the instant case has sought equalisation of status not just with the husband but also with his ex-wife and opined that this cannot be an acceptable approach.
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“NOIDA (Levy of Infrastructure Fee) Regulations, 1998 came to be enacted only after the Concession Agreement had been executed and were seemingly designed to validate the actions already taken by NTBCL and NOIDA.”
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Supreme Court directed that no college would be permitted to admit the students directly and admission should be conducted only through the State Admission Authorities.
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“Mere observation that the investigating authorities may have taken a lackadaisical ethical approach does not warrant the accused being put through the wringer once more for the same offence.”
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