Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
Supreme Court said that the disciplinary proceedings against the Judicial Magistrate, have been initiated on the basis of a legally invalid order.
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Entry 31 of Schedule of Fees prescribed by the NCLT Rules stipulates that the fee for obtaining true certified copies of final orders passed to parties other than the concerned parties under Rule 50 shall be Rs 5 per page. The stipulation of Rupees five per page in Entry 31 excludes “the concerned parties under Rule 50”.
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“To alter a seniority list after such a long period would be totally unjust to the multitudes of employees who could get caught in the labyrinth of uncertainty for no fault of theirs and may suffer loss of their seniority rights retrospectively.”
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“The Khalsa University (Repeal) Act 2017, was enacted with a purpose which was non-existent, would fall under the ambit of manifest arbitrariness and would therefore be violative of Article 14 of the Constitution.”
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The High Court refused to interfere with the sentence imposed on convicts, even after noting inherent contradictions in the statements of the prosecution witnesses and placed major credence on the inconsistent statements of injure and her husband, to establish the liability.
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Expressing its displeasure saying “Patience may be a virtue — but ours is nearing its end”, the Court listed the matter as priority for 19-11-2024.
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Supreme Court directed the accused to extend complete cooperation in the trial, and to not misuse his liberty in any manner or to influence the witnesses in any way. In addition, the accused was directed to not make any attempts to re-associate with the victim girl in any manner either through a device or in-person.
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The Court stated that TOLA will continue to apply to the Income Tax Act after 1-4-2021 if any action or proceeding specified under the substituted provisions of the Income Tax Act falls for completion between 20-3-2020 and 31-3-2021.
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Brij Bihari Prasad, a member of the Bihar Legislative Assembly was murdered in 1998. The High Court reversed the Trial Court’s decision and acquitted the accused persons.
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Supreme Court directed that the accused be released on bail, on such terms and conditions as may be imposed by the Trial Court. However, if the Trial Court or the State finds that the accused who has been granted bail is delaying the trial, they can approach this Court by way of an application to recall this order.
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“Merely for the reason that the view of the Appellate Court is a better view than the one taken by the arbitral tribunal, is no ground to set aside the award”.
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DSGMC cannot be allowed to take shield of Rule 47 of Delhi Education Rules to claim that burden of re-employment and payment of salaries of surplus teachers and non-teaching staff upon closure of school. The question of absorption only arises when the closure of the school is done in accordance with law, which requires full justification and prior approval of the Director as per Rule 46.
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‘Even if the parties involved in a case themselves, with no valid justification attempt to delay the proceedings, the Courts need to be vigilant and nip any such attempt in the bud instantly. Pleadings with outrageous & ex facie unbelievable averments being made; Frivolous & vexatious proceedings be met with due sanctions to dissuade parties from resorting to such tactics.’
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Supreme Court acknowledged that the petitioner’s admission had been delayed through no fault of his own. It requested the Director of IIT Dhanbad to utilize his good offices to facilitate the petitioner’s ability to complete the coursework for the time already elapse.
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“Four writ petitions have been filed seeking various prayers, inter alia, including an independent enquiry and directions for establishing regulatory frameworks with respect to the religious trust and specifically the preparation of the prasadam”
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The Court emphasised that in order to reverse a finding of acquittal, a higher threshold is required. The presumption of innocence operating in favour of an accused throughout the trial gets concretized with a finding of acquittal by the Trial Court.
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The Central Board for Direct Taxes was also directed to take necessary steps for rectifying the software as the issue may not be resolved by the Jurisdictional Assessing Officer.
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“When a party is relegated to the High Court to pursue its remedies, it would not be proper, in the normal course, to bind the said High Court with directions in relation to the proceedings to be impugned before such Court.”
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It was observed that the Complaint/FIR was replete with just one theme i.e. that the appellants are threatening the respondents that they will deny them share in the property. The Complaint/FIR was intended only to further their interest in the civil dispute.
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The sealed cover procedure is to be resorted to only after issuance of the charge-memo/charge-sheet is issued.
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