Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The Supreme Court issued practice direction to be followed by all litigants who propose to file special leave petitions both in civil and criminal matters with effect from 20-08-2024.
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The mother in her undertaking stated that she got a job in Consulate General of India’s office at San Francisco, and that she had applied for US citizenship and duly attended for interview. She had also undertaken to ensure the admission of her son in a good school, co-operation with father and facilitation of visits to son.
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Supreme Court noted that this is not a case of pre-planned murder as the incident started with a fight between children for “mangoes” which unfortunately flared up when the adults of the families also got involved which ultimately led to the deceased, the father of one of the children, being killed.
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Supreme Court noted that petitioner assails the impugned order on ground that the High Court failed to appreciate that the post of PE Teacher stands on a different footing than a teacher in other subjects, as there is no separate category of “Pass Graduate or Hons. Graduate” and there is only one examination for the ‘Pass Graduate’ category for the post of PE Teacher.
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Supreme Court requested the Chief Justice of the Delhi High Court to assign the hearing of the petition under Section 34 to a Judge other than the Judge who heard and passed the impugned order.
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“Legal reform through legislative correction improves the legal system and it would require assessment of the working of the law, its accessibility, utility and abuse as well. Executive branch has a constitutional duty to ensure that the purpose and object of a statute is accomplished while implementing it, along with duty to closely monitor the working of a statute and must have a continuous and a real time assessment of the impact that the statute is having.”
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Supreme Court declared that the judgment would have a prospective effect, thus the Bar Councils are not required to refund the enrolment fees collected more than the statutory amount so far.
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The imposition of such a requirement was manifestly proper, as judicial officers are required to appreciate the evidence in the State’s language.
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“When a legislative body enacts a legislation there is a presumption of constitutionality unless proven otherwise, similarly, a policy decision when taken by the competent authority enters the fray of enforcement with a presumption in its favour of being in public interest, unless otherwise shown, demonstrated and proven to be among other grounds, manifestly arbitrary.”
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“An order granting a stay to the operation of the order granting bail during the pendency of the application for cancellation of bail should be passed in very rare cases”
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“The failure to adequately assess health and environmental impact of Genetically Modified crops seriously infringes upon intergenerational equity as it potentially endangers the ability of future citizens to enjoy the highest attainable standard of health.”
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In Lakhimpur Kheri violence, four farmers, one journalist, the driver of one of the vehicles, and two others, were killed. Nearly ten farmers suffered major and minor injuries
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“The only criteria for minimum qualifying marks have been mentioned in the Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 and the advertisement, which states that 32 % for women is the minimum qualifying marks for the written test (70 marks) and not out of 100 marks as interpreted by BSSC.”
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On 22-07-2024 the Supreme Court has asked the Director of IIT, Delhi to constitute a three-member expert committee to give their opinion regarding the correct answer to a multiple-choice question of NEET-UG 2024, for which the NTA awarded marks for two options.
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Section 19(b) provides that a specific performance of a contract may be enforced against any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract.
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The State of Uttar Pradesh, Uttarakhand and Madhya Pradesh issued the direction amidst preparations for the Kanwar Yatra, directing the shops and eateries to display the names, addresses, mobile numbers of owners and their staff.
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“The judicial system of our country often finds itself grappling with the pervasive issues of prolonged delay and suspected political influence within the legal proceedings.”
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In Zahoor Ahmad Shah Watali v. National Investigating Agency, 2018 SCC OnLine Del 11185, the accused under various provisions of IPC and UAPA was released on bail by the High Court, conducting a mini trial and determining admissibility of certain evidence which clearly exceeded the limited scope of a bail proceeding, hence, the Supreme Court in NIA v. Zahoor Ahmad Shah Watali, (2019) 5 SCC 1, cancelled the said grant of bail.
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Supreme Court said the petitioners must consider challenging the State provision in the Act and that they should have first approached their jurisdictional High Courts to challenge their respective State enactments.
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Should the Court find the instrument to be chargeable with duty, but it is either not stamped or is insufficiently stamped, it is bound by Section 33 of the Karnataka Stamp Act, 1957 to impound the same. Section 34 also places a fetter on the Court’s authority to admit an instrument which, though chargeable with duty, is not duly stamped.
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