Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
Given the expansive amplitude of power under Article 142(1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that arises from adopting an individualistic approach as to the exercise of the Constitutional power, observed the Supreme Court
Continue reading
The Supreme Court made clear that further investigation cannot be put at par with prosecution and punishment and hence, the principle of double jeopardy would not apply.
Continue reading
“Stamp Act in its application to Uttar Pradesh has been amended by the UP (Stamp Amendment Act 1952) and Article 23 of Schedule IB as applicable to UP.”
Continue reading
The Supreme Court’s decision shall not affect the pending proceedings before the High Court of Delhi against the order of the ECI as the Court did not express anything on the Constitution of the Shiromani Akali Dal
Continue reading
The Court noted that the All-India Institute of Medical Sciences had issued a certificate to the petitioner indicating that he is suffering with writers’ cramp.
Continue reading
The Supreme Court stated that it was imperative to conduct evaluation of mitigating circumstances at the trial stage, in order ‘to avoid slipping into a retributive response to the brutality of the crime’.
Continue reading
In an interview with ABP Ananda, Justice Gangopadhyay had made remarks against TMC leader Abhishek Banerjee in relation to the West Bengal Teachers Recruitment Scam case, which was pending before him.
Continue reading
Supreme Court considered the case wherein the Trial Court proposed award of death sentence for rarest of the rare case, while the Jharkhand High Court modified it to life imprisonment for whole biological life without any scope for remission.
Continue reading
The Supreme Court said that before examining the defendants’ ground of res judicata to oppose the eviction petition, several aspects may have to be looked into, like whether such an issue was substantively at issue in the previous suit and similar such other questions may crop up.
Continue reading
The practice of dissent in judicial decision-making process plays a critical role in revealing constitutional commitment to deliberative democracy. Allowing judges to express differing views and engage in a dialogue about the law and its interpretation can potentially lead to a more nuanced and refined understanding of the law, as the Court grapples with competing interpretations and seeks to reconcile them in a principled manner.
Continue reading
The Supreme Court said that if the directions are continued, rather than avoiding man-animal conflict, it will intensify the same.
Continue reading
The Court observed that for determination of compensation, the Consumer Forum must examine the time value for money, an in-depth analysis of all the facts and materials surrounding factors, including uncertainties of market are to be considered.
Continue reading
The Revenue had submitted that the Assessing Officer is competent to consider all the material that is available on record, including that found during the search, and make an assessment of ‘total income’. While some of the High Courts agreed with the said proposition, some disagreed. The Supreme Court was, hence, called upon to resolve the conundrum.
Continue reading
The limited scope of judicial scrutiny at the pre-referral stage is navigated through the test of a ‘prima facie review’
Continue reading
The Supreme court observed that for woman’s death to be considered dowry death under Section 304-B and 498-A IPC, the cruelty or harassment has to be soon before the death.
Continue reading
The Supreme Court asserted that it was always open for the High Court to consider and examine whether the Arm’s Length Price had been determined while taking into consideration the relevant guidelines under the Act and the Rules.
Continue reading
The Five-Judge Bench of Supreme Court in 3:2 majority approved paragraphs 22 and 29 of Garware Wall Ropes case, and to this extent, also approved Vidya Drolia case.
Continue reading
The Supreme Court gave huge relief to Comedian Munawar Faruqui, by clubbing all FIRs and complaints registered against him at various places.
Continue reading
Supreme Court observed that the High Court had the opportunity to correct the obvious errors in its order, since one part of the matter was not even considered, and the other part also lacked requisite attention to contentions.
Continue reading
Supreme Court has requested the Union of India along with Ministry of Power to evolve a mechanism so as to ensure timely payment by the DISCOMS to the Generating Companies, which would avoid huge carrying cost to be passed over to the end consumers.
Continue reading