[Bulldozer action against accused] SC to frame pan-India guidelines against demolition of property of accused
The Court sought suggestions from all the parties, which can be considered in framing appropriate guidelines.
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This column will list all the case briefs on the decisions of the Supreme Court
Strict conditions for bail must be imposed where investigation reveals active role of accused in economic offence affecting the masses: SC
In this case, the President of Jai Shriram Urban Credit Co-operative Society systematically siphoned off approximately Rs. 79 crores, with the aid of other office-bearers and the co-accused.
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Swati Maliwal Assault Case| Supreme Court grants bail to Arvind Kejriwal’s PA Bibhav Kumar
Bibhav was accused of slapping and abusing Rajya Sabha MP Swati Maliwal.
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[Delhi Excise Liquor Policy Case] Supreme Court grants bail to AAP’s Vijay Nair
A conspiracy was hatched by Vijay Nair along with others to get the undue benefits by circumventing the provisions of the of the excise policy of GNCTD of Delhi for the year 2021-22.
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Section 216 CrPC does not give any right to accused to file fresh application seeking his discharge post framing of charges: Supreme Court
Without mincing any words, the Court stated that the accused had miserably failed to get himself discharged when he had filed the application under S. 227 CrPC; still however, he filed another vexatious application seeking modification of charge under Section 216 of CrPC to derail the criminal proceedings.
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SC seeks explanation from Notary & Registry over alleged attestation of fake signatures and inclusion of names of non-appeared advocates
The case of fake signatures came before the Court, when the petitioner approached the Court in person, stating that he did not know either of the Advocates who were appearing on his behalf and that he came to know of the SLP filed in his name, when the Police Station served notice upon him.
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Position of law vis-a-vis woman being the sole owner of ‘Stridhan’ is consistent and unequivocal: Supreme Court
The Court found that insofar as Section 406, IPC was concerned, no cognizable offence was visible on the face of the record. Furthermore, charges under S. 6 of Dowry Prohibition Act were not made out either, against the appellants
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[Habeas Corpus in Child Custody] SC restores 3-yr-old daughter’s custody to Father after temporary custody with Aunt following mother’s death from COVID-19
“Whether the writ Court should exercise its jurisdiction under Article 226 of the Constitution of India or not will depend on the facts and circumstances of each case. However, it is to be noted that a common thread in all the judgments relating to the custody of minor children is the paramount welfare of the child.”
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Arbitrator can award pre-reference & pendente lite interest even when agreement is silent on award of interest or does not specifically prohibit it: SC
The Court has affirmed the power of the Arbitrator to grant pre-reference, pendente lite, and post-award interest on the rationale that a person who has been deprived of the use of money to which he is legitimately entitled has a right to be compensated for the same.
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‘Civil dispute painted with the brush of criminality’: SC quashes charges against KECML vis-a-vis misappropriation of coal rejects worth Rs 52.37 crore
The Court reproached the CBI for embarking on a roving and fishing inquiry on the strength of the CAG Audit Report and then working backwards to sniff out criminal intent against the appellants.
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Supreme Court grants anticipatory bail to journalist Shajan Skaria in SC/ST Act case for making derogatory remarks against MLA PV Sreenijin
“All insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under the Act, 1989 unless such insult or intimidation is on the ground that the victim belongs to Scheduled Caste or Scheduled Tribe.”
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Incriminatory Statement given by PMLA accused in custody is inadmissible in another money laundering case: Supreme Court
“Article 21 being a higher constitutional right, statutory provisions should align themselves to the said higher constitutional edict”
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‘Sad that even after years, Courts do not understand the fine distinction’; SC breakdowns key differences & ingredients of criminal breach of trust and cheating
“For cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same. Whereas, in cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property.”
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Supreme Court grants bail to K. Kavitha in Delhi Excise Liquor Policy Scam
The CBI and the ED have claimed that K. Kavitha was involved in the exchange of bribes and money laundering in connection with the Delhi Excise Policy
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Coordinate Bench’s view of same HC cannot be ignored even if considered to be incorrect in law; Reference to larger bench the only option: SC
In the matter at hand, the Division Bench of High Court upheld a detention order, which was quashed by a coordinate Bench of the same High Court, based on same grounds and material relied.
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‘Delay in compliance of NGT orders not wilful’; SC sets aside initiation of penal proceedings against CECB officers
The Court emphasised that every State organ, and particularly the wings of the Government associated with environment protection, such as the CECB, must be even more diligent in ensuring timely compliance with the directions of the NGT.
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Need to balance the requirement of furnishing multiple sureties with an individual’s fundamental rights under Article 21: SC
“Excessive bail is no bail. To grant bail and thereafter to impose excessive and onerous conditions, is to take away with the left hand what is given with the right”
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[Kolkata Rape and Murder case] Supreme Court directs Ministry of Health to open portal for stakeholders to submit suggestions before Task Force committee
In the earlier order, the Supreme Court directed CBI to file a status report on the progress in the investigation of the crime at RG Kar Medical College Hospital on 22-08-2024. The State of West Bengal was also directed to file a status report by 22-08-2024 on the progress of the investigation on the acts of vandalism which took place at the Hospital in the aftermath of the incident.
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Compartmentalised Horizontal Reservation: SC holds restriction on meritorious reserved category candidates’ migration to unreserved seats unsustainable
“The appellants were deprived of their legitimate claim of admission against the UR-GS category due to an erroneous application of the methodology in applying the horizontal and vertical reservation”.
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Non-fixation of cut-off marks for persons with disability under Overall Horizontal Reservation does not violate Fundamental Rights: SC
Supreme Court said that the reservation for the Persons with disabilities has been treated as Horizontal Reservation i.e. the reservation under Clause (1) of Article 16, and not the Vertical reservation i.e. the reservation under Clause (4) of Article 16 of the Constitution of India.
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