Supreme Court Archives | Page 31 of 178

Explained | Supreme Court verdict on Tenants right to pre-emption in the ‘urban immovable property’ under Punjab Pre-Emption Act

The notification dated 08-10-1985 limits its application for taking away the right of pre-emption only with reference to sale of land falling in the areas of any municipality.

Case Briefs Supreme Court

Supreme Court grants bail to Sadanand Kadam in Sai Resort Money Laundering case

Supreme Court directed that Sadanand Kadam to be produced before the Special Court within one week from the date of this order.

Case Briefs Supreme Court

Supreme Court illuminates on bail under Section 43D (5) of UAPA against general rule of CrPC

Supreme Court observed that “mere delay in trial pertaining to grave offences as one involved in the instant case cannot be used as a ground to grant bail.”

Case Briefs Supreme Court

SC directs Registry to stop referring to Trial Courts as Lower Courts

Record of the Trial Court should be referred to as the ‘Trial Court Record’ and not ‘Lower Court Record’.

MoEFCC’s permitting ex post facto environmental clearance

Case Briefs Supreme Court

Supreme Court clarifies stay on MoEFCC’s office memoranda permitting ex post facto environmental clearance

“The order dated 02-01-2024 will not come in the way of competent authorities considering proposals for modifications/alterations in the environmental clearance if the area of the projects had a valid environmental clearance prior to 07-07-2021.”

Case Briefs Supreme Court

SC disapproves NGT’s frequent ex-parte orders; says ‘a beacon of environmental protection must balance between justice and due process’

“The Tribunal must tread carefully to avoid the oversight of propriety, the practice of ex-parte orders and the imposition of damages amounting to crores of rupees.”

Case Briefs Supreme Court

No bar to examine discharged prosecution witness as defense witness: Supreme Court

Supreme Court permitted the appellant to examine the prosecution witness as defense witness and kept it open for the prosecution to cross-examine the said witness.

Case Briefs Supreme Court

Supreme Court grants bail to 24-year-old boy imprisoned for more than 15 months in NDPS case

All other three similarly situated co-accused persons have been granted bail by the Rajasthan High Court.

Case Briefs Supreme Court

Know why Supreme Court modified murder conviction to Section 304 part 2 of IPC for one out of four accused

While convicting the said accused under Section 304 Part 2 of IPC, the Court sentenced him to undergo imprisonment for 10 years.

Case Briefs Supreme Court

POCSO| Supreme Court sentences 45-year-old man to 30 years imprisonment for raping 7-year-old girl in temple

A fine of Rs. One Lakh was imposed on the victim to meet the medical expenses and rehabilitation of the minor victim.

Duty drawback under Exim Policy to civil construction

Case Briefs Supreme Court

SC upholds Karnataka HC’s decision granting 15% interest on belated refund of Duty Drawback to Civil Construction under Exim Policy 1992-1997

“The benefit of duty drawback would take effect from the date of enforcement of the Exim Policy and in case of belated refund of duty drawback, interest rate fixed by the Central Government at the relevant point of time is applicable”.

Case Briefs Supreme Court

Inside Supreme Court verdict on importance of question of jurisdiction at the stage of granting interim relief

“No tribunal, far less a civil court, in exercise of judicial power ought to play ducks and drakes with the rights of the parties.”

Hiring motor vehicles and transfer of right to use goods

Case Briefs Supreme Court

When does hiring of motor vehicles give rise to transfer of right to use any goods and amount to sale under Art. 366 (29A) (d)? Supreme Court answers

“Clause 29A(d) of Article 366 of the Constitution of India refers not to the transfer of property in the goods to the buyer but to the transfer of the right to use any goods for any purpose for consideration.”

Case Briefs Supreme Court

Know what led the Supreme Court to set aside private tutor’s conviction in 1996 Rape Case

Supreme Court concluded that both the Courts below “completely misread the material available on record”.

Case Briefs Supreme Court

Banks can forfeit entire earnest money and not just extent of loss suffered by it due to auction purchaser’s default: SC

Any dilution of the forfeiture provided under Rule 9(5) of SARFAESI Rules would result in entire auction process under SARFAESI Act being disregarded by mischievous auction purchasers through sham bids, thereby undermining the overall object of the Act of promoting financial stability, reducing NPAs and fostering a more efficient and streamlined mechanism for recovery of bad debts.

Case Briefs Supreme Court

Identification of private forests in Goa| ‘No uniform criteria due to distinctive geographical features’; SC holds existing criteria valid

The identification of forests in Goa is based on forest tree composition, canopy density and minimum area.

Case Briefs Supreme Court

Omission to label demolition notice with provision under which it was issued would not make it nugatory if substance clearly stated: SC

‘Eviction proceedings under Section 16(1)(i) and (k) of the Maharashtra Rent Control Act, 1999 have different degrees of urgency, the former has a lesser degree of urgency than later, and it is within the jurisdiction of the Court to test this factor.’

Case Briefs Supreme Court

SC grants interim protection from arrest to Odisha MLA Jayanarayan Mishra in woman police officer’s assault case

Supreme Court, while granting interim protection from arrest to Jayanarayan Mishra, issued notice and Dasti notice to the Standing Counsel for the State.

Case Briefs Supreme Court

‘High Court desisted from exercising contempt jurisdiction despite finding contemnor guilty’; Supreme Court sets aside Calcutta HC stay order

Supreme Court reiterated that in addition to punishing a contemnor for disobeying its orders, the Court can also ensure that such a contemnor does not continue to enjoy the benefits of his disobedience by merely suffering the punishment meted out to him.

Case Briefs Supreme Court

‘No element of criminality’: Supreme Court quashes case of commercial dispute given colour of criminal offence

“A commercial dispute, which ought to have been resolved through the forum of Civil Court has been given criminal colour by lifting from the penal code certain words or phrases and implanting them in a criminal complaint.”