Supreme Court Archives | Page 29 of 178

‘A relationship consensual at the beginning may not remain so all time’; Supreme Court refuses to quash rape case

The Supreme Court directed masking of the complainant’s identity in the Court records and future proceedings and her to be referred as ‘Miss X’.

Case Briefs Supreme Court

Criticising abrogation of Art. 370 on WhatsApp status; wishing Independence Day to Pakistan not an offence under Section 153-A IPC: Supreme Court

“Now, the time has come to enlighten and educate our police machinery on the concept of freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution and the extent of reasonable restraint on their free speech and expression. They must be sensitised about the democratic values enshrined in our Constitution”

Case Briefs Supreme Court

For recovery alleging debtors of benami companies of notified person, onus of proof lies on Custodian: Supreme Court

“It is only after the Custodian discharged this primary burden and established the existence of the debt, then by virtue of Section 102 of the Evidence Act, perhaps, the onus could be shifted on to the appellants to rebut the same.”

Case Briefs Supreme Court

“Evidence of police witnesses full of contradictions and thoroughly unconvincing”; SC sets aside conviction under NDPS Act

The Court found glaring loopholes in the prosecution case regarding the preparation of the samples of the contraband and safe keeping of the samples.

Case Briefs Supreme Court

Supreme Court sets aside Orissa HC judgment granting father custody of child living with aunt for 14 years; says ‘child not a chattel’

Supreme Court said that the fact that when custody of the child was handed over to the aunt , she was un-married, and is now married having two children will not be a deterrent for this Court to come to the conclusion that best interest of the child still remains with the aunt as the child is living with her ever since she was 3-4 months old.

Case Briefs Supreme Court

‘3 years is a long period for filing application for appointing arbitrator’; SC suggests Parliament to bring amendment prescribing specific limitation period

Supreme Court, while allowing the present petition, appointed Justice Sanjay Kishan Kaul, Former Judge of the Supreme Court of India, to act as the sole arbitrator.

Case Briefs Supreme Court

[Pakhro Tiger Safari Project] SC directs MoEFCC to establish committee for environmental restoration and cost evaluation in Jim Corbett Park

“This is a classic case that shows how the politicians and the bureaucrats have thrown the public trust doctrine in the dustbin.”

Case Briefs Supreme Court

Non-Implementation of RTE Act, 2009 and allegations of poor conditions of schools in Bihar: SC issues notice to authorities

A social activist group dedicated to the common cause for imparting education to the children, alleged that several schools in the district of East and West Champaran were in bad condition.

Case Briefs Supreme Court

24 years after a woman’s suicide, Supreme Court finds no evidence to convict accused for abetting the same

Supreme Court raised doubts that if prosecution version was to be believed, there had to be presence of syringe and needle or a container at the scene of occurrence.

Case Briefs Supreme Court

Franchise or Distributorship | Section 194-H of IT Act not applicable to Telecom Companies: Supreme Court

Supreme Court clarified that the legal position of a distributor and agent was not similar, for a distributor is an independent contractor, not being a communicator between principal and the third party unlike an agent, free from control of his employer.

Case Briefs Supreme Court

Timelines in renewable energy sector ensure early supply of green energy and reduction of carbon footprint: SC directs SECI to recover bank guarantee

Supreme Court added that if the payment of Rs.10 crores along with interest as directed, is not refunded within six months from the date of this order, SECI will be entitled to recover Rs. 10 crores plus interest as per the provisions of the Electricity Act, 2003.

Case Briefs Supreme Court

Inside Supreme Court’s decision on principles of Adverse Possession and Limitation in property disputes

“A person claiming adverse possession should show, as to on what date he got the possession; the nature of his possession; whether the factum of possession was known to the other party; how long his possession has continued; and that his possession was open and undisturbed.”

Disqualification for having more than 2 children

Case Briefs Supreme Court

SC upholds disqualification for police constable post for having more than 2 children

Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989 provides that “no candidate shall be eligible for appointment to the service who has more than two children on or after 01-06-2002”.

Case Briefs Supreme Court

NCDRC cannot rewrite terms & conditions of contract and apply its own subjective criteria: SC directs builder to refund deposited amount to buyer for delayed possession

Supreme Court said that once the parties committed themselves to a written contract, whereby they reduced the terms and conditions agreed upon by them to writing, the same would be binding upon them.

Case Briefs Supreme Court

Supreme Court grants bail to NDPS accused in custody for more than a year

Supreme Court directed the accused to report to the local Police Station twice in a month, and directed his passport to be deposited with the Investigating Officer /with the Court concerned

Case Briefs Supreme Court

Supreme Court directs setting up of fresh Selection Board for granting Permanent Commission to woman SSC Officer in Indian Navy

Supreme Court said that if a proportional increase in the vacancies is required to be created to accommodate the petitioner, then this should be carried out without creating any precedent for the future.

Case Briefs Supreme Court

‘District Collectors summoned under S. 50 PMLA to respect and respond to summons’; SC stays Madras HC decision staying summons by ED

The District Collectors of several Districts of Tamil Nadu were summoned by the Directorate of Enforcement for various offences under the IPC and the Prevention of Corruption Act, 1988, including some of them being scheduled offences.

Case Briefs Supreme Court

Guilt under IPC Section 306 cannot be based on presumption: Supreme Court acquits man in wife’s 1993 suicide case

Supreme Court commented that “the criminal justice system of ours can itself be a punishment” as happened in the instant matter which started in 1993 and came to an end in 2024, after 30 years of suffering.

Case Briefs Supreme Court

Multiple reasons possible for marriage proposal not reaching desired end; SC quashes S. 417 case against man for lack of intention to cheat

“To make out an offence under cheating the intention to cheat or deceive should be right there from the beginning”.

Case Briefs Supreme Court

Whether non-disclosure of criminal case in job verification form is always fatal to candidate’s employment? Supreme Court answers

“Broad brushing every non-disclosure of criminal case as a disqualification from the recruitment will be unjust.”