Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“When a legitimate expectation of a specific outcome is created by a public authority, the said public authority is required to take into account such expectation created by it when making a decision that affects the interests of the individual or group” –Justice Krishna Murari
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The Court said that if Committee of Creditors would be constituted for all projects of Supertech, it will cause immense hardships to the home buyers and will throw ever project into uncertainty.
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The Court observed that not the unauthorised absence but the unauthorised association with foreign institution was a matter of concern for the security of the State.
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Supreme Court said that any person aggrieved by an order passed under WBHIRA will be at liberty to pursue the corresponding remedy which is available under the RERA.
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Supreme Court held that the power of the Governor under Clause 5 of the Fifth Schedule does not supersede the Fundamental Rights under Part III of the Constitution of India.
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The Court said that for any fault on the part of the employer, the employees cannot be made to suffer.
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Mohammed Shami’s wife Hasin Jahan filed plea before the Court to declare certain provisions of Muslim Personal Law (Shariat) Application Act, 1937 as unconstitutional.
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The Supreme Court said that it was unfortunate that Mr. Dhonchak had filed the petition against the order of Punjab and Haryana High Court.
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The Supreme Court attributed the reluctance on the part of victims of Sexual Harassment at workplace to report the misconduct to, (i) uncertainty about who to approach under the Act for redressal of their grievance; and (ii) lack of confidence in the process and its outcome.
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The Court said that Vistra ITCL (India) Ltd. would be treated as a secured creditor in terms of Section 52 and 53 of the IBC, and would be entitled to retain the security interest in the pledged shares.
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Supreme Court proceeded with the fact that the only circumstance appearing against the appellant was not put to him in the statement under Section 313 of CrPC.
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The Court said that the grievances raised by the State of Meghalaya in the context of its right to do business in lotteries under Article 298(b), would constitute disputes, which fall squarely within the four corners of Article 131 of the Constitution.
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Supreme Court said that the process of improvement is a continuous one and that it learns from every experience. This ruling is one more step in the fine-tuning system of designation of Senior Advocates, and it hopes it achieves the purpose.
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In the spirit of cooperative federalism, the Union must exercise its powers within the boundaries created by the Constitution. NCTD, having a sui generis federal model, must be allowed to function in the domain charted for it by the Constitution. The Union and NCTD share a unique federal relationship. It does not mean that NCTD is subsumed in the unit of the Union merely because it is not a “State”.
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The Gujarat Government had issued the impugned Notification dated 18.04.2023 during the pendency of the present writ petition and after receiving the notice issued by the Court. The Supreme Court observed that the State Government could have waited till the next date of hearing which was on 28.04.2023.
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The five Judge Constitution Bench of the Supreme Court has upheld the Governor’s decision of inviting Eknath Shinde to form the Government in the State of Maharashtra and has refused to quash Udhav Thackeray’s resignation as it was submitted voluntarily before the floor test. This Explainer not just provides a Bird’s-Eye view of the Supreme Court Judgment for easy reference but also gives a detailed point-wise breakdown of each issue.
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Supreme Court said that NCTD like other states also represents the representative form of government, the involvement of Union of India in the administration of NCTD is limited by Constitution provisions and any further expansion will be contrary to the constitutional scheme of governance.
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The Supreme Court refused to quash Udhav Thackeray's resignation as it was submitted voluntarily before the floor test.
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Supreme Court observed that in cases where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation, then continuation of such a ‘marriage' would only mean giving sanction to cruelty which each is inflicting on the other.
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The Court expressed its concerns over the loss of human life and destruction of the homesteads and places of worship.
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