Supreme Court Archives | Page 17 of 178

[Cash-for-Job Scam] Supreme Court grants bail to former TN Minister V Senthil Balaji in money laundering case

V. Senthil Balaji was arrested and remanded to judicial custody on 14-06-2023 for an alleged offence under Section 3 of PMLA.

Case Briefs Supreme Court

Maharashtra Stamp Act| Principal document alone chargeable with Stamp Duty in case of transaction with multiple documents: SC

The Court also clarified that to determine the stamp duty that is chargeable upon an instrument, the legal rule is that the real and true meaning of the instrument is to be determined by ascertaining the intention of the parties from the contents and the language employed in the whole instrument

Case Briefs Supreme Court

‘Too harsh to foreclose anyone’s right to file written statement merely on conjectures and surmises’; SC sets aside NCDRC order

Supreme Court permitted the appellant to file a written statement on or before 14-10-2024. The respondent/complainants were allowed to file replication, if any, by 06-11-2024 and the affidavit of evidence on or before 09-12-2024.

Case Briefs Supreme Court

UAPA| 14-Days timeline for grant of sanction mandatory; Validity of sanction to be ordinarily challenged at the earliest stage: SC

The Supreme Court clarified that the observations made in this judgment shall apply prospectively.

Case Briefs Supreme Court

Storing and watching child pornography an offence under POCSO, IT Act: Key takeaways from Supreme Court’s Landmark Verdict

The Supreme Court observed that the term “child pornography” is a misnomer that fails to capture the full extent of the crime as it can lead to a trivialization of the crime, as pornography is often seen as a consensual act between adults. It, hence, proposed a new term for the offence.

Case Briefs Supreme Court

‘Improper to discriminate among homogenous group’; SC directs reinstatement of Teacher whose candidature was cancelled over graduation cutoff marks

“It will be improper to discriminate inter se among a homogenous group of students admitted for the academic session 2009-10. It could not be that those students admitted in the first round of counselling would be eligible, even with less than 50% marks in graduation, while the others admitted in the subsequent rounds of counselling would not be.”

Non-Signatories bound by Arbitration Agreements

Case Briefs Supreme Court

Supreme Court explains how Non-Signatories may be bound by Arbitration Agreements

The Supreme Court elucidated the key factors through which the intention of the parties to be bound by an arbitration agreement can be gauged.

Execution Court Section 28 Specific Relief Act recission of contract

Case Briefs Supreme Court

Whether Execution Court can decide application under Section 28 of Specific Relief Act for recission of contract/ time extension? SC answers

Dismissing the appeal, the Court opined that the respondents had all throughout shown their intention to pay the balance consideration for execution of the sale deed whereas the appellants appeared interested only in challenging the decree before higher Courts.

Vicarious application of contributory negligence to passengers

Case Briefs Supreme Court

Motor Accident Claim | Vicarious application of contributory negligence of car driver to the passengers, to reduce compensation is illegal: SC

“The High Court recorded an incongruous finding that if the offending truck had not been parked on the highway, the accident would not have happened even if the car was being driven at a very high speed. Therefore, the reasoning of the High Court on the issue of contributory negligence is riddled with inherent contradictions and is paradoxical”

Case Briefs Supreme Court

‘Filing petition without petitioner’s knowledge is a fraud on court’; SC directs CBI probe

“There is a great sanctity attached to the proceedings conducted in the Court. No professional much less legal professional, is immune from being prosecuted for his/her criminal misdeeds.”

Case Briefs Supreme Court

Explained | Supreme Court decision on enforcement of Arbitral Award expressed in foreign currency

To resolve the questions arising and considering the uncertainties regarding time-lapse between the date of the award and its enforceability and the ever-fluctuating exchange rates, the Court formulated twin principles.

Case Briefs Supreme Court

Supreme Court directs Indian Oil Corporation to handover possession of disputed property to landowner on or before 31-03-2025

Supreme Court permitted the petitioners to initiate contempt proceedings in addition to any other remedy which may be available to him, in case of failure to comply with the given directions.

Case Briefs Supreme Court

NDPS| SC grants bail to man accused of possessing 450 gm smack upon considering 1.5 years of incarceration

The Supreme Court overturned the Rajasthan High Court’s decision, wherein his bail application was dismissed.

Garbage Processing Plant Pune Municipal Corporation

Case Briefs Supreme Court

Garbage Processing Plant | SC directs Pune Municipal Corp. to follow NEERI suggestions; Install portable compactors with hook mechanisms

In 2019, Sus Road Baner Vikas Manch, preferred an application before the NGT, Western Zone, seeking to restrain Noble Exchange Environment Solution from operating the GPP, since the same had been established without following the procedure prescribed by law.

Case Briefs Supreme Court

No demolition across country till Oct 1 without SC’s permission: SC directs against bulldozer action

“The said direction would not be applicable if there is an unauthorized structure in any public place and also to cases where there is an order for demolition made by a Court.”

Search under Section 30(1) of PNDT Act 1994

Case Briefs Supreme Court

Chairman or any other Member acting alone, cannot authorise Search under Section 30(1) of PNDT Act: Supreme Court

Pointing out that if the law requires a particular thing to be done in a particular manner, the same shall be done in that manner only, the Court held that decision to authorise search must be a decision of the Appropriate Authority as a whole.

Case Briefs Supreme Court

‘Determined compensation in FSI/TDR form payable even without any representation or request’: SC grants relief to landowners for surrendering lands to Municipal Corporation

“A duty is cast on the State to pay compensation to the land losers as otherwise there would be a breach of Article 300-A of the Constitution.”

Case Briefs Supreme Court

Supreme Court upholds Manipur HC order refusing to dismiss Election petition against MLA KH Hangshing, under O.7 R.11 CPC

Supreme Court reiterated that the Election Petition should not be rejected at the very threshold where there is a “substantial compliance” of the provisions.

Case Briefs Supreme Court

Application for extension of time for passing arbitral award under Section 29A of Arbitration Act is maintainable even after 18-month deadline for making of award: SC

“Section 29A intends to ensure the timely completion of arbitral proceedings while allowing Courts the flexibility to grant extensions when warranted. Prescribing a limitation period, unless clearly stated in words or necessary, should not be accepted. Bar by limitation has penal and fatal consequences.”

Qualified Privilege immunity self- incriminating statement by witness

Case Briefs Supreme Court

Qualified Privilege in Section 132, Evidence Act doesn’t grant complete immunity to witness who made self- incriminating statements: SC

The Court further held that there cannot be an absolute embargo on the Trial Court to initiate process under Section 319 CrPC., merely because a person, who though appears to be complicit, has deposed as a witness.