Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
Ghazipur Court had sentenced Afzal Ansari to 4 years imprisonment along with fine of Rs. 1 lakh, for kidnapping the Vishwa Hindu Parishad leader Nandkishore Rungta and the murder of then MLA Krishnanand Rai in 2005.
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Supreme Court viewed that the child being aged 12 years and 9 months old, was in a position to take decisions.
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Earlier, the Bombay High Court had denied her plea for reinstatement of her Employee Stock Options.
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“The Calcutta High Court advised adolescent girls to protect their dignity, privacy, self-worth and control their sexual urge.”
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“The increase of fee does not amount to a per se ineligibility, reaching to the level of voiding the Tribunal’s appointment, and terminating its mandate.”
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Supreme Court clarified that Standing Orders cover wider activities of workmen and were workmen specific, yet, in view of Section 13B of 1946 Act, a specific notification can be made applying CCA Rules 1965 to that specific aspect, but a notification was necessary.
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Supreme Court expressed that the High Court should not have examined and recorded the conclusion on the disputed fact to quash the FIR.
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“The High Court should have intervened and discharged the appellants. But this Court will intervene, being the sentinel on the qui vive.”
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“The approach in Chloro Controls India Private Limited v. Severn Trent Water Purification, (2013) 1 SCC 641 to the extent that it traces the group of companies doctrine to the phrase ‘claiming through or under’ as given under Section 8 of the Arbitration Act was erroneous and against the well settled principles of contract in commercial law”.
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“The object of the Stamp Act is to collect proper stamp duty on an instrument or conveyance on which such stamp duty is payable. Section 35 is a provision to cater for the instruments not being properly stamped and, as such, not being admissible in evidence”
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Supreme Court held that it is not necessary to follow the procedure of appointment as laid down in Section 10 of the Kannur University Act, 1996 for the purpose of reappointment.
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“Promotion by selection through LDCE vis-à-vis competitive examination is a facility or a chance given for out of their promotion without waiting for the normal course of promotion.”
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“The Uttarakhand High Court erred in its findings that 18 months Diploma in Elementary Education conducted through ODL mode in elementary education by the NIOS is a valid Diploma”.
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“The Single judge directed IOCL to deliver peaceful vacant possession of the premises to the appellants upon removal of the structures therein. Further, directed it to pay arrears of market rent to the appellants in respect of the plot from 1-07-1995 till the date of delivery of possession in favour of the appellants”
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Supreme Court directed the petitioner to cooperate in the early conclusion of the trial and not to interact with any of the witnesses in the instant case.
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“The principle aims of IBC are to promote investment, and resolution of insolvencies of corporate persons, firms, and individuals in a time bound manner. The IBC consolidated and amended a web of laws which had led to an ineffective and inefficient mechanism for resolution of insolvencies marked with significant delay”
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“This Court will certainly not shut its eyes to the materials unearthed, since it relates not only to maintaining purity in judicial proceedings but upholding public faith in the system at large.”
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“The Court also held that it is not necessary that a person against whom the offence under Section 3 of the PMLA is alleged, must be shown as the accused in the scheduled offence.”
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Supreme Court reiterated the timeline fixed in Malik Mazhar for vacancies to be declared on 15th January each year, and the process has to be completed by October of the same year.
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“Generally, prospective adoptive parents have to wait for 3-4 years for getting ‘a healthy and young child’ due to the huge mismatch in the number of registered PAPs and children available for adoption.”
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