Supreme Court Archives | Page 78 of 178

7-year-old’s “brutal” rape and murder: SC commutes Death sentence; No premature release/remission during 30 years’ LI as “conscience of the society cannot be ignored”

Supreme Court: In a case where a man had brutally raped and murdered a 7-year-old girl, the 3-judge bench of AM Khanwilkar,

Case Briefs Supreme Court

Is Railway’s decision to disqualify persons with history of lasik surgery for the post of constables (RPF) just and reasonable? SC directs constitution of experts committee to answer

Supreme Court: Opining that the advancement of medical field over a period of time has been enormous, the Division Bench comprising of

Case Briefs Supreme Court

“An Order of Externment is an extraordinary measure which should be used sparingly”. SC reiterates the duties of Competent Authority and Court while issuing and testing externment orders

Supreme Court: While deciding the instant appeal wherein the appellant challenged the externment order issued against him under Section 56(1)(a)(b) of the

Case Briefs Supreme Court

Permanent Injunction can’t be granted against true owner once the title dispute is settled; SC reverses three concurrent findings

Supreme Court: Reversing the concurrent findings of all the Court below in a case where the plaintiff was granted the relief of

Case Briefs Supreme Court

Grant of leave to defend is the ordinary rule and denial is an exception; Supreme Court lays down detailed guidelines for leave to defend in summary suits

Supreme Court: While clarifying the law on leave to defend, the Division Bench of Vineet Saran and Dinesh Maheshwari*, JJ., held that

Case Briefs Supreme Court

Prescribing eligibility criteria can’t be left to the Search Committee’s sweet will; Criteria fixed by UGC must be followed by all Universities: SC

Supreme Court: In a case relating to the appointment of the Vice-chancellor of the Sardar Patel University where the search committee had

Case Briefs Supreme Court

Consumer Protection| ‘Business to business’ dispute not a consumer dispute: SC

Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ interpreted the true scope of a “consumer” in terms of

Case Briefs Supreme Court

Can State discriminate between persons having experience in home State from those having experience in other States? Is there any intelligible differentia? SC answers

Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai*, JJ., dismissed an appeal challenging the decision of State of

Case Briefs Supreme Court

Frivolous petitions defeating the noble object behind PILs and burdening SC and HCs; Bonafides of Litigants must be examined carefully: SC

“Although the jurisprudence of Public Interest Litigation has matured, many claims filed in the Courts are sometimes immature.”

Case Briefs Supreme Court

Borrower’s offer to pay Rs.71 lakhs as a purchaser of mortgaged property will not discharge him from entire outstanding liability of approx 1.8 crores: SC

Supreme Court: The Division Bench of M. R. Shah* and Sanjiv Khanna, JJ., held that the entire liability outstanding against the borrower

Case Briefs Supreme Court

Advocate an officer of the Court; May be appointed by CMM/DM to assist in execution of order passed under Section 14(1) of SARFAESI: SC

Supreme Court: Holding Advocates to be officers of the Court, the bench of AM Khanwilkar* and CT Ravikumar, JJ t has held

Case Briefs Supreme Court

Is independent suit questioning a compromise decree maintainable or one has to approach the same Court which recorded the compromise to challenge it? SC answers

“If clever drafting of the plaint has created the illusion of a cause of action, the court will nip it in the bud at the earliest so that bogus litigation will end at the earlier stage.”

Appointments & Transfers Case Briefs News Supreme Court

Supreme Court invites applications seeking conferment of designation of Senior Advocates

On 25.02.2022, the Supreme Court has invited applications seeking conferment of designation of Senior Advocates from retired Chief Justices/ Judges of High

Case Briefs Supreme Court

Merely writing “cancelled” on registered power of attorney wouldn’t make it null and void: Supreme Court

Supreme Court: The Division Bench of K.M. Joseph* and Pamidighantam Sri Narasimha, JJ., held that mere writing the word “cancelled” or drawing

Case Briefs Supreme Court

Compassionate Appointment cannot be denied to children born from the second wife of a deceased employee: SC

“A policy cannot discriminate against a person only on the ground of descent by classifying children of the deceased employee as legitimate and illegitimate and recognizing only the right of legitimate descendant.”

Case Briefs Supreme Court

Default/Delay in payment of EPF by employer: Mens rea or actus reus not an essential element for imposing civil penalty/damages

Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka, JJ has held that any default or delay in the payment

Case Briefs Supreme Court

Section 138 NI Act| Prima-facie indication as to complaint by a company through an authorised employee having knowledge of the case enough for Magistrate to take cognizance

Supreme Court: The 3-judge bench of NV Ramana, CJ and AS Bopanna* and Hima Kohli, JJ has held that when the complainant/payee

Case Briefs Supreme Court

Can sale pursuant to a public auction, be set aside at the instance of strangers to the auction proceeding? SC decides

Supreme Court of India: While deliberating on the instant appeals expressing grievance over the judgment of Andhra Pradesh HC (Amravati) wherein it

Case Briefs Supreme Court

Financier-in-possession of a motor/transport vehicle liable to pay tax under U.P. Motor Vehicles Taxation Act, 1997: SC

Supreme Court: While dealing with the scope of Section 12 of the U.P. Motor Vehicles Taxation Act, 1997, bench of MR Shah*

Case Briefs Supreme Court

“Shylock has received their promised pound of flesh but they seem to want more”; Bank entitled to withhold payment where Bond holder’s title is clouded as fraudulent: SC

Supreme Court: The Division Bench of Hrishikesh Roy* and R. Subhash Reddy, JJ., while deciding on an appeal challenging dismissal of suit