Explained| Can, in a declaratory suit, plaintiff be subjected to DNA test against his will?
“Indian law leans towards legitimacy and frowns upon bastardy. The presumption in law of legitimacy of a child cannot be lightly repelled.”
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Supreme Court Monthly Roundup – September 2021
“Time has now come to change the work culture and get out of the adjournment culture so that confidence and trust put
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‘You are throwing mud at all and sundry but we refuse to back off’; Supreme Court holds Suraz India Trust Chairman guilty of contempt
“Such litigants cannot be permitted to have their way only because they can plead and write anything they feel like and keep on approbating by sometimes apologising and then again bringing forth those allegations.”
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‘Labour Court’s decision should not be based on mere hypothesis’; SC upholds bank employee’s dismissal in a 33 year old case
“Judicial discretion, it is trite, cannot be exercised either whimsically or capriciously. It may scrutinize or analyse the evidence but what is important is how it does so.”
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Explained| Law on grant on bail in NDPS cases
Supreme Court: The bench of Dr. DY Chandrachud* and BV Nagarathna, JJ has elaborately discussed the principles governing the grant of bail,
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Retrospective seniority from a date when employee was not even borne in service? A big no, holds Supreme Court
Supreme Court: The bench of R. Subhash Reddy and Hrishikesh Roy*, JJ has held that retrospective seniority cannot be claimed from a
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Explained| Can Chairman, Directors, Managers, etc. be automatically summoned in a criminal case involving the company?
Summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion as a matter of course.
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Bail| Man with serious allegations against him cannot claim parity with a woman jailed with an infant: Supreme Court
Supreme Court: In a case where a man was allegedly murdered by his wife and colleague, the bench of Dr. DY Chandrachud*
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Compromise cannot be taken to be a solitary basis for reduction of sentence: Supreme Court
In a case where a compromise was reached between parties, 28 years after an incident left the victim crippled for life, the Court said that such a brutality cannot be ignored which is not against the individual but the crime is against the society which has to be dealt with sternly.
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No more Tareekh pe Tareekh! Repeated adjournments break the back of the litigants; kill justice: Supreme Court
“Any effort which weakens the system and shake the faith of the common man in the justice dispensation has to be discouraged.”
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Stalker consumes poison in front of a girl’s house. Can she be tried for abetment of suicide? SC answers
‘Abetment’ involves mental process of instigating a person or intentionally aiding a person in doing of a thing.
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“The question is of trust”. No matter how trivial the case, suppression of fact of conviction can lead to termination from service: Supreme Court
When a candidate suppresses material information and/or gives false information, the choice/option whether to continue or not to continue such an employee always must be given to the employer.
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‘False defence no ground to convict if chain of circumstantial evidence is incomplete’. 10 years after wife’s death, SC sets man free
Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that when the chain of circumstantial evidence is
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Explained| Res judicata: Question of fact or law or mixed question of law and fact? Can it be decided as a preliminary issue?
Supreme Court: In an important ruling on Res Judicata, the 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and Hima Kohli, JJ
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Law on rejection of plaint under Order VII Rule 11 of CPC as explained by the Supreme Court
Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ has lucidly explained the law on rejection of plaints under Order VII Rule 11 of CPC
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Can an officer of the department, appointed as sole arbitrator, continue the arbitration proceedings after his retirement? SC answers
Supreme Court: The bench of MR Shah* and AS Bopanna, JJ has held that once an officer of the department is appointed
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Explained| Burden of proof: Criminal Proceedings versus Departmental Proceedings
The two proceedings, criminal and departmental, are entirely different. They operate in different fields and have different objectives.
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Wrongful termination| Reinstatement with full back wages not automatic in every case, holds Supreme Court
Supreme Court: The bench of R. Subhash Reddy* and Sanjiv Khanna, JJ has held that reinstatement with full back wages is not
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More than a prima facie case! Read Supreme Court’s test for invoking power under Section 319 Cr.P.C.
“The power cannot be exercised in a casual and cavalier manner.”
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Imprisonment for life is equivalent to rigorous imprisonment for life: Supreme Court
Supreme Court: In a case where a man was convicted for killing his wife on the suspicion of her infidelity and was
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