Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
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.
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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.
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“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.
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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.
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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.
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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.
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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.
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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.
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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.
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Supreme Court commented on the patent illegalities and the pro-active exercise of multiple jurisdictions in the instant case.
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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.
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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.
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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
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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.
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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.
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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.
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Supreme Court said that a stand of whichever court, cannot be allowed to stand, if it is in ignorance of constitutional provisions
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The Supreme Court observed that principles of natural justice should be necessarily read into the provisions of the Master Directions on Frauds, to save it from the vice of arbitrariness.
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Supreme Court quashed the original complaint and said that respondent miserably failed to discharge his burden to prove deficiency in service on part of the bank.
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“If there is a denial of a fundamental right under Part III of the Constitution or there is a jurisdictional error or error apparent on the face of the record, the High Court can exercise its jurisdiction”, stated the Supreme Court
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