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Supreme Court

This column will list all the case briefs on the decisions of the Supreme Court

Case BriefsSupreme Court

Does the custody of a child gets transferred from the mother to grand parents if they are assisting in looking after the child? Read what SC says

Supreme Court: In a case dealing with the custody of a 7-year-old, the 3-judge bench of Dr. DY Chandrachud, Indu Malhotra and

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Published on October 28, 2020October 30, 2020By Prachi Bhardwaj
Leave a comment4588 views
Case BriefsSupreme Court

“What greater certificate of incompetence would there be for the legal Department!”; SC on State of MP “again and again” filing appeals after inordinate delay

“The State of Madhya Pradesh continues to do the same thing again and again and the conduct seems to be incorrigible!”

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Published on October 28, 2020October 30, 2020By Prachi Bhardwaj
Leave a comment3391 views
Case BriefsSupreme Court

Hathras Gang Rape| CRPF to provide security to the victim’s family & witnesses; SC says apprehensions are not without justification

In a matter of the present nature it is necessary to address the normal perception and pessimism which cannot be said as being without justification.

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Published on October 27, 2020October 30, 2020By Prachi Bhardwaj
1 Comment4531 views
Case BriefsSupreme Court

COVID-19| SC says “system of Video Conferencing has been extremely successful”; alters only one guideline from April 6 order

Supreme Court: The 3-judge bench of SA Bobde, CJ and Dr. DY Chandrachud and L. Nageswara Rao, JJ has made a slight

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Published on October 27, 2020October 27, 2020By Prachi Bhardwaj
Leave a comment3638 views
Case BriefsSupreme Court

SC| Courts cannot adopt a rigid or formalistic approach while interpreting Section 167(2) CrPC. Read why

Supreme Court: Interpreting Section 167(2) CrPC, the 3-judge bench of UU Lalit, MM Shantanagoudar and Vineet Sarah, JJ has said that the

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Published on October 26, 2020October 30, 2020By Prachi Bhardwaj
Leave a comment6518 views
Case BriefsSupreme Court

“All our counseling to Government and Government authorities have fallen on deaf ears”; SC on inordinate delay in filing appeals/petitions by Govt./State Authorities

“The Supreme Court of India cannot be a place for the Governments to walk in when they choose ignoring the period of limitation prescribed.”

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Published on October 20, 2020October 23, 2020By Prachi Bhardwaj
Leave a comment4504 views
Case BriefsSupreme Court

Can the breach of audi alteram partem rule by itself lead to the conclusion that prejudice has been caused? SC elucidates

Supreme Court: The 3-judge bench of RF Nariman, Navin Sinha and KM Joseph has reiterated the principles of natural justice as follows:

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Published on October 17, 2020October 23, 2020By Prachi Bhardwaj
Leave a comment8256 views
Case BriefsSupreme Court

Unless extended for “good reason”, stay by ‘any court’ automatically expires within a period of six months; SC reminds

Supreme Court: Clarifying the legal position on expiry of stay, the 3-judge bench of RF Nariman, Navin Sinha and KM Joseph, JJ

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Published on October 17, 2020October 18, 2020By Prachi Bhardwaj
3 Comments14302 views
Case BriefsSupreme Court

[Domestic Violence] SC| Wife can claim right to residence in shared household belonging to not just husband but also to his relatives. Read conditions

“The progress of any society depends on its ability to protect and promote the rights of its women.”

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Published on October 16, 2020December 19, 2020By Prachi Bhardwaj
Leave a comment23462 views
Case BriefsSupreme Court

Candidate declared unfit for the post of District Judge due to pendency of criminal case. Can they claim reconsideration after acquittal? Read what SC says

Supreme Court: In a case where a man was tried for and later acquitted from charges under Section 498A/406/34 IPC, the bench

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Published on October 14, 2020October 16, 2020By Prachi Bhardwaj
Leave a comment5255 views
Case BriefsSupreme Court

Whether an ex-employee of a financial creditor is eligible to be appointed as Resolution Professional? Read what SC says

Supreme Court: The 3-Judge Bench of Arun Mishra, B.R. Gavai and Krishna Murari, JJ., set aside the NCLAT’s Order with regard to

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Published on October 14, 2020October 16, 2020By Bhumika Indulia
Leave a comment3074 views
Case BriefsSupreme Court

SC| Right to default bail under the first proviso to Section 167(2) CrPC not a mere statutory right but a fundamental right

Right to default bail a fundamental right granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2) are fulfilled.

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Published on October 14, 2020October 16, 2020By Prachi Bhardwaj
1 Comment16514 views
Case BriefsSupreme Court

Is right to pre-emption a recurring right or exercisable only the first time? SC answers

Supreme Court analyses whether the right of pre-emption can be enforced for an indefinite number of transactions or it is exercisable only the first time.

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Published on October 13, 2020October 16, 2020By Prachi Bhardwaj
Leave a comment15204 views
Case BriefsSupreme Court

SC| Evidence has to be weighed and not counted

“… the prosecution has miserably failed to prove the guilt of the accused beyond doubt the appellants therefore must be given benefit of doubt.”

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Published on October 12, 2020November 1, 2020By Prachi Bhardwaj
Leave a comment8530 views
Case BriefsSupreme Court

Payal Tadvi suicide| SC says accused doctors, as “presumably innocent persons”, entitled to study; allows all 3 to resume studies in the same college

Even a convict is allowed to have academic pursuits while undergoing sentence and develop his potential as a human being to the fullest.

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Published on October 12, 2020October 12, 2020By Prachi Bhardwaj
Leave a comment3684 views
Case BriefsSupreme Court

SC holds NRI quota for admission to professional courses “neither sacrosanct, not inviolable”; private colleges have some elbow room

Private colleges offering professional and technical courses, have some elbow room to decide whether, and to what extent, they wish to offer NRI or management quotas

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Published on October 10, 2020October 16, 2020By Prachi Bhardwaj
Leave a comment4677 views
Case BriefsSupreme Court

Law Student Sexual Assault case| SC sets aside All HC order; says copy of the statement of victim could not have been provided to Swamy Chinmayanand

“In such matters utmost confidentiality is required to be maintained. In our view, the High Court completely failed in that behalf.”

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Published on October 8, 2020October 16, 2020By Prachi Bhardwaj
Leave a comment4029 views
Case BriefsSupreme Court

An offence committed by a ‘juvenile’ in 1981; three Juvenile Justice statutes and a legal conundrum on their applicability. Read how SC solved this riddle

Supreme Court: In a bid to clear the air over the applicability of and the Juvenile Justice (Care and Protection of Children)

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Published on October 8, 2020October 9, 2020By Prachi Bhardwaj
1 Comment6892 views
Case BriefsSupreme Court

Shaheen Bagh Protests| Democracy and dissent go hand in hand but public spaces cannot be occupied indefinitely for expressing dissent: SC

“Each fundamental right, be it of an individual or of a class, does not exist in isolation and has to be balanced with every other contrasting right.”

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Published on October 7, 2020October 9, 2020By Prachi Bhardwaj
Leave a comment5451 views
Case BriefsSupreme Court

Is SLP against an order rejecting the review petition maintainable when main judgment is not under challenge? SC answers

Supreme Court: The 3-judge bench Ashok Bhushan, R. Subhash Reddy and MR Shah has reiterated that when the main judgment of the

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Published on October 5, 2020October 9, 2020By Prachi Bhardwaj
Leave a comment8424 views

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