Supreme Court Archives | Page 52 of 178

Supreme Court sets aside Punjab and Haryana HC’s reduction of sentence in rash and negligent driving case

Supreme Court said that the High Court did not properly consider the instant case of rash and negligent driving, and that the principle aim and object of IPC is to punish offenders.

Case Briefs Supreme Court

‘Possible that the entire story was a complete set-up by police’; Supreme Court set aside conviction in rioting, criminal trespass and murder case

The Supreme Court doubted the prosecution’s story due to various lacunas existing in it, the manner in which the investigation was conducted and the material inconsistency in the statements of the eyewitnesses.

Case Briefs Supreme Court

28 years later, Supreme Court sets aside death penalty of man, after finding him juvenile during the commission of multiple murders

Supreme Court said that the degree or dimension of the offence should not be the direct approach of the Court in its inquiry into juvenility of an accused or convict.

Non-compliance of section 50 of NDPS Act

Case Briefs Supreme Court

Supreme Court issues notice to Intelligence Officer for non-compliance of Section 50 of the NDPS Act

The petitioner relied upon S.K. Raju v. State of West Bengal, (2018) 9 SCC 708 which had observed that wherever the search of a person takes place, the requirement of mandatory compliance of Section 50 of NDPS was attracted, irrespective of whether the contraband was recovered from the body of the person or not.

Case Briefs Supreme Court

‘Denying security clearance to a Media Channel for critical views has ‘chilling effect’ on Press Freedom’: Breakdown of Supreme Court’s Media One Verdict

The Supreme Court held that the critical views of the Media One News Channel on Government policies cannot be termed ‘anti-establishment’ as the use of such a terminology in itself, represents an expectation that the press must support the establishment.

Case Briefs Supreme Court

‘Sealed Covers violate natural and open justice’: The Why-What-How of ‘Public Interest Immunity proceedings’, the ‘fairer’ alternative suggested by Supreme Court

Observing that the sealed cover procedure violates both principles of natural justice and open justice, the Supreme Court has held that the public interest immunity proceeding is a less restrictive means to deal with non-disclosure on the grounds of public interest and confidentiality.

Case Briefs Supreme Court

Imported LCD panels classifiable under chapter 90, entry 9013.8010 of Customs Tariff Act: SC

“It is necessary to refer to ‘general rules of interpretation’ of first schedule of Customs Tariff Act, 1975 for the purpose of relevant classification of the goods under CTA.

Case Briefs Supreme Court

‘Candidates cannot taint Selection Process with mala fides on being unsuccessful’; Supreme Court sets aside J&K HC verdict quashing appointment of 64 Drug Inspectors

The Supreme Court observed that having participated in the selection process without any demur or protest, the writ petitioners cannot challenge the same as being tainted with mala fides, merely because they were unsuccessful.

Case Briefs Supreme Court

Non-impleading of all legal representatives won’t abate the suit if the estate of the deceased is substantially represented by other defendants

Placing its reliance on Bhurey Khan v Yaseen Khan 1995 Supp (3) SCC 331, the Bench stated that the suit will not abate for the reason of non-substitution of all legal representatives of the deceased if the suit was substantially represented.

Case Briefs Supreme Court

Noida’s Grand Venice Mall not a tourist destination; not entitled to freehold rights and tax exemption: Supreme Court

The Supreme Court rejected petitioner company’s claim based on a policy of 2013 amended in 2016 for subject land whose completion certificate was already issued in 2015 since it turns out to be hollow due to its non-applicability on the subject land or the petitioner’s project.

Case Briefs Supreme Court

Courts cannot prescribe qualification or declare equivalency of a course, unless the rule itself prescribes equivalency; Supreme Court reiterates

Supreme Court said that the denial of promotion was on the ground that candidates do not possess the prescribed requisite qualification namely “Diploma in Civil Engineering”, and not because they possess a two-year diploma not three-year diploma.

Case Briefs Supreme Court

Constitutional Courts can exercise power of imposing a modified or fixed-term sentence even where capital punishment is not imposed or proposed: SC

To identify whether the case of an accused under S. 302, IPC falls in the category of ‘rarest of the rare’ case, for the purpose of modification of sentence, it is no consideration by itself that the accused is a first-time offender and has no antecedents.

Case Briefs Supreme Court

‘No inconsistency between Regulation 30-A of IBBI Regulations and Section 12-A of IBC’; Supreme Court sets aside NCLT order

Supreme Court clarified that the substituted Regulation 30-A of IBBI Regulations clearly provided for withdrawal applications being entertained before constitution of Committee of Creditors.

Case Briefs Supreme Court

‘Transfer of trial to another State will cause serious impediment’; Supreme Court refuses to transfer murder case trial outside State of West Bengal

Supreme Court commented on the patent illegalities and the pro-active exercise of multiple jurisdictions in the instant case.

Case Briefs Supreme Court

No person accused of trading commercial quantity of narcotics is liable to be released on bail unless Court is satisfied of reasonable grounds proving innocence| SC

A regular offender, mastermind, kingpin of “ganja” trade cannot be granted bail if prima facie guilt is established and is likely to commit the same offence when enlarged on bail.

Case Briefs Supreme Court

Orissa High Court has rightly directed to pay Duty Callup Allowance for Home Guards; Supreme Court modifies the effective date

Supreme Court said that the Home Guards shall be entitled to the periodical rise which may be available to the Police personnel of the State and the DCA to be paid to the Home Guards be periodically increased taking into consideration the minimum of the pay to which the Police personnel of the State are entitled considering periodical increase from time to time.

Case Briefs Supreme Court

Nature of allegations, Seriousness and Gravity of the offence must be considered along with cogent reasons for granting bail in serious offences; Supreme Court sets aside bail order of Allahabad HC

Supreme Court noted that one of the reasons for overcrowding of jails given by the Allahabad High Court in the impugned order cannot be considered for releasing on bail in the offences of serious nature

Case Briefs Supreme Court

Explained | Supreme Court explains the amendment of plaint under Order 6 Rule 17 of CPC and maintainability of fresh suit as per Order IX Rule 9 of CPC

Supreme Court said that if the alternative plea introduced by plaintiff through an amendment is one which the defendant set up in his written statement, although inconsistent with the original plea, the Court is not precluded from allowing the amendment if it does not prejudice the defendant.

Case Briefs Supreme Court

Allegation of demand of gratification and acceptance made by a public servant must be established beyond a reasonable doubt; Supreme Court set aside order of conviction

Supreme Court said that when reliance is placed on circumstantial evidence to prove the demand for gratification, the prosecution must establish each and every circumstance from which the prosecution wants the Court to draw a conclusion of guilt.

Case Briefs Supreme Court

For proving threat under S. 364-A IPC, intimidation of kidnapped victim, for the purpose of making him silent, cannot be enough.: SC

Supreme Court said that if the sentence carrying a maximum sentence of death and a minimum sentence of life sentence has such low evidentiary threshold, the difference between punishments for kidnapping under 363, 364 and 364-A shall become meaningless.