Explained| NDPS: Ownership of Vehicle; non-production of contraband, etc – Fatal to the trial or not?
Supreme Court: In a case where, on apprehending the accused, while making search of the motor cycle, 900 gm of smack was
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Disciplinary proceedings against person with mental disability is a facet of indirect discrimination; SC sets aside action against CRPF personnel
“… while the stigma and discrimination against persons with mental health disorders are rampant in society, as the highest constitutional court of the country, it falls upon us to ensure that societal discrimination does not translate into legal discrimination.”
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In a tiff between “mighty Union of India” & “an ordinary soldier”, the soldier wins as SC holds that members of Ecological Task Force also entitled to Disability Pension
Supreme Court: In a case where a soldier, after serving in the Regular Army for 25 years, was re-enrolled in the Infantry
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Allotment of Government Largesse| Discretionary quota inevitably leads to corruption, nepotism, favouritism. Time to do away with it: SC
“The allotment of plots in the discretionary quota cannot be at the whims of the persons in power.”
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Compassionate Appointment| Applicability of Scheme in force on date of employee’s death OR date of consideration of the application? SC resolves the conflict
“A rule of interpretation which produces different results, depending upon what the individuals do or do not do, is inconceivable.”
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No borrower can claim benefit of One Time Settlement Scheme as a right; Can’t encourage dishonest borrowers: SC
“If it is held that the borrower can still, as a matter of right, pray for benefit under the OTS Scheme, in that case, it would be giving a premium to a dishonest borrower.”
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Three death row convicts to walk free as SC finds them “not guilty” of murdering six family members
“We are at pains to observe the manner in which the present case has been dealt with by the trial court as well as by the High Court, particularly, when the trial court awarded death penalty to the accused and the High Court confirmed it.”
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Consumer Protection| Can written statement be accepted beyond 45 days? SC settles pre and post New India Assurance Company Verdict conundrum once and for all
The Supreme Court adopted a bright-line standard which obviates uncertainty on the legal position before the consumer fora and obviates further litigation.
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Chardham Highway Project| Environmental compliance not a mere “checkbox”; Committee headed by Justice AK Sikri to oversee implementation of HPC’s recommendations: SC
“Piecemeal implementation of some mitigation measures for protection of the environment, without any concrete strategy in place, cannot pass muster.”
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Notice must be given to the person holding the tainted property; Primary notice to convict not mandatory under Section 6 of SAFEMA: SC
Supreme Court: In a case where the bench of AM Khanwilkar* and Sanjiv Khanna, JJ was called upon to decide whether it
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Explained| Can Karta alienate Joint Hindu family property without coparcener’s signature?
Supreme Court: In a suit where the Karta of a Joint Hindu Family, consisting of himself, his wife and his son, had
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Trial Courts have freedom of mind to decide sensitive cases on merit; Appellate courts must refrain from reversing acquittal just for the sake of it: SC
Supreme Court: Reminding the Courts of the importance of hierarchy of Courts, the bench of Sanjay Kishan Kaul and MM Sundresh*, JJ
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SCC Snippets| Dishonour of Cheque: Principles relating to presumption under Section 139 NI Act
The bench of Ashok Bhushan* and KM Joseph, JJ, in Basalingappa v. Mudibasappa (2019) 5 SCC 418, lucidly summarized the following principles relating to the
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Explained| When does the intention to cause death becomes irrelevant to prove an offence under Section 300 “Thirdly” IPC?
Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that once the prosecution establishes the existence of
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‘Bombay HC has “virtually” acquitted Chota Shakil aid of MCOCA charges at interim relief stage’; SC sets aside bail order; directs immediate surrender
Supreme Court: The bench of MR Shah* and Sanjiv Khanna, JJ has set aside the Bombay High Court order releasing a man
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Parties can’t play fraud with the Court by suppressing details of related previous or ongoing legal proceedings: SC
Supreme Court: In a case where the party, in a subsequent petition seeking same relief, had not disclosed the filing of the
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SC awards 30 years RI to man who killed 2 brothers & nephew; Finds imposition of death penalty on the day of conviction itself, wrong
Supreme Court: In a case where the trial court had convicted the accused and imposed death penalty on the very same day,
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Explained| Can proceedings against a charge-sheeted accused be quashed if other suspects have not been charge-sheeted?
Supreme Court: The bench of MR Shah and BV Nagarathna, JJ has held that merely because some of the persons who might
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Accused cannot be convicted for conspiracy only on the basis of co-accused’s confession: SC
“A few bits here and a few bits there on which prosecution relies, cannot be held to be adequate for connecting the accused with the commission of crime of criminal conspiracy.”
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‘Motor Vehicle Appellate Tribunals’ may soon be a reality? Read SC’s suggestion to Ministry of Law and Justice
Supreme Court: With an aim to curtail the pendency before the High Courts and for speedy disposal of the appeals concerning payment
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