Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The State Government has been given exclusive power delegated by virtue of Section 22(1) of the NIA Act to constitute one or more Special Courts for trial of offences under any or all the enactments specified in the Schedule to the NIA Act
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In Tofan Singh v. State of Tamil Nadu (2013) 16 SCC 31, it was held that officers authorised under Section 53 of the NDPS Act were ‘police officers’ and the statements made to them under Section 67 were inadmissible in evidence.
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Supreme Court said that AICTE itself never claimed that it was dishonestly induced to grant such approvals and that essential link is altogether missing, whereby any such criminal charge of cheating can be sustained against the accused persons.
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The Supreme Court noted that the guidelines for conducting trial against persons who are deaf and mute, but otherwise of sound mind to commit a heinous offence, were not laid down by the Court.
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The candidate had secured 88 marks, which was more than the cut-off of 84 marks in the ‘general category’ and 82 marks in the ‘OBC category’.
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By the interim order, the Supreme Court had restrained the NCDRC from taking any coercive steps against Ireo Grace Realtech
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“Approaching the High Court directly under Articles 226/227 of the Constitution seeking release of the seized vehicle without approaching the Magistrate under Section 451 of the CrPC is not proper course of action.”
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“Both the appellate fora, on-going through the evidence did not find existence of any ‘enforceable debt or other liability’. This strikes at the root of the Rajco Steel’s case”
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Supreme Court directed the parties to withdraw all the cases pending between them.
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“The easementary right is essentially a right claimed by the owner of land upon another land owned by someone else so that he may enjoy his property in the most beneficial manner.”
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The matter has been placed before the Chief Justice of India for considering tagging it with Directorate of Enforcement v. Manpreet Singh Talwar [SLP(Crl.) No.5724 of 2023], wherein similar question is still pending before a three-Judge Bench of the Court.
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“Compensation awarded under the head ‘loss of income’ towards permanent disability deserves to be enhanced by construing the whole-body disability at 17%.”
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Supreme Court said that as the husband is willing to undergo potency test, the High Court should have upheld the order of the Trial Court to that extent
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“Not necessary for a candidate to declare every item of movable property that he or his dependent family members owns, such as, clothing, shoes, crockery, stationery and furniture, etc., unless the same is of such value as to constitute a sizeable asset.”
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“The lack or absence of motive is inconsequential when direct evidence establishes the crime.”
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Supreme Court has applied the standard of a ‘grave miscarriage of justice’ in the exceptional circumstances of this case where the process of arbitration has been perverted by the arbitral tribunal to provide an undeserved windfall to DAMEPL.
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“The length of the delay is a relevant matter which the court must take into consideration while considering whether the delay should be condoned or not.”
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Supreme Court granted her bail subject to the conditions that she will not leave the State of Maharashtra without the permission of the Special Court and have to surrender her passport and furnish her address and mobile number to the investigating officer.
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Supreme Court said that the elaborate exercise of the trial Judge has been washed away by the High Court in a totally cursory manner.
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Clause 3 of Schedule IV of the National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021 provides for payment of stipend to all the interns, as fixed by the appropriate authority applicable to the institution/ University or State.
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