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Supreme Court

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

Case BriefsSupreme Court

Supreme Court on preferring an appeal before NCLAT beyond a period of 30 days: Read the Law [Explained]

Supreme Court of India: The Bench of M.R. Shah and Aniruddha Bose, JJ., observed that, “Appellate Tribunal has jurisdiction or power to

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Published on September 16, 2021September 17, 2021By Bhumika Indulia
2 Comments7670 views
Case BriefsSupreme Court

Can ’emotionally dead’ marriage be dissolved in exercise of Art. 142 of Constitution: Read Supreme Court’s opinion

Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai, JJ., dissolved a marriage while exercising its jurisdiction under Article

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Published on September 16, 2021September 17, 2021By Bhumika Indulia
Leave a comment4790 views
Case BriefsSupreme Court

‘Parliament entitled to make policy choices on fiscal issues’;Here’s why Supreme Court upheld constitutionality of Section 54(3) of CGST Act

“A claim to refund is governed by statute. There is no constitutional entitlement to seek a refund.”

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Published on September 15, 2021September 17, 2021By Prachi Bhardwaj
Leave a comment3748 views
Case BriefsSupreme Court

It is not for the employee to insist transfer or deny it at a particular place; SC holds transfer isn’t a right of employee but discretion of employer

Supreme Court: In a landmark case, the Division Bench of M.R. Shah and Aniruddha Bose, JJ., held that an employee has no

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Published on September 15, 2021September 15, 2021By Editor_4
1 Comment8798 views
Case BriefsSupreme Court

Husband and Wife consumed pesticide after a quarrel, wife died but husband survived. Will allegation of abetment of suicide on husband survive? SC explains

Supreme Court: The Division Bench of M.R. Shah and Aniruddha Bose, JJ., while addressing a matter noted that, Abetment by a person

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Published on September 15, 2021September 17, 2021By Bhumika Indulia
Leave a comment4584 views
Case BriefsSupreme Court

SC resolves quandary over interplay of S. 9 and S. 17 of Arbitration Act, answers whether court can entertain application for interim measures after arbitral tribunal has been constituted

Supreme Court: A Division Bench comprising of Indira Banerjee and J.K. Maheshwari, JJ. held that once an Arbitral Tribunal is constituted, the

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Published on September 15, 2021September 17, 2021By Editor_4
Leave a comment15112 views
Case BriefsSupreme Court

Person who stabbed in the stomach of another with intent to kill and convicted under S. 307 IPC tendered apology. Read whether SC reduces sentence of convict or not

Supreme Court: The Division Bench of Ajay Rastogi and Abhay S. Oka, JJ., while noting the mitigating factors and circumstances in which

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Published on September 15, 2021September 17, 2021By Bhumika Indulia
Leave a comment4228 views
Case BriefsSupreme Court

Resolution Applicant under IBC not allowed to withdraw/modify its Resolution Plan, once submitted for approval of NCLT: Supreme Court

Supreme Court: A Division Bench of Dr D.Y. Chandrachud and M.R. Shah, JJ. has held that under Insolvency and Bankruptcy Code, 2016,

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Published on September 14, 2021September 17, 2021By Editor_4
Leave a comment9395 views
Case BriefsSupreme Court

Irretrievable breakdown of marriage: SC invokes Art. 142 to dissolve marriage which never took off from first day and parties living separately for almost 20 yrs

Supreme Court: While deciding a case of a matrimonial dispute where the marriage never took off from the first day and was

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Published on September 14, 2021September 17, 2021By Bhumika Indulia
Leave a comment6485 views
Case BriefsSupreme Court

Explained| Is a suit for injunction maintainable where the plaintiff’s title is in dispute?

Supreme Court: The bench of L. Nageswara Rao and BR Gavai, JJ has, in two judgments, has held that where the plaintiff’s

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Published on September 13, 2021September 17, 2021By Prachi Bhardwaj
Leave a comment43197 views
Case BriefsSupreme Court

Mere legal principles not sufficient in medical negligence cases: SC absolves doctor and hospital of liability for medical negligence

Supreme Court: A Division Bench comprising of Hemant Gupta and A.S. Bopanna, JJ. absolved a doctor and a hospital of liability for

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Published on September 13, 2021September 17, 2021By Editor_4
2 Comments40701 views
Case BriefsSupreme Court

Interest free funds not kept in separate account. Can proportionate disallowance on interest under Section 14A of IT Act be allowed? SC explains

“… in taxation regime, there is no room for presumption and nothing can be taken to be implied.”

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Published on September 10, 2021September 17, 2021By Prachi Bhardwaj
Leave a comment3527 views
Case BriefsSupreme Court

“There is a disturbing tendency of courts setting aside arbitral awards …”: SC upholds arbitration award of Rs 2728 crore plus interest in favour of Delhi Airport Metro Express (P) Ltd.

Supreme Court: A Division Bench comprising of L. Nageswara Rao and S. Ravindra Bhat, JJ. upheld the arbitral award of Rs 2782.33

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Published on September 10, 2021September 17, 2021By Editor_4
1 Comment6300 views
Case BriefsSupreme Court

If public transportation has to survive and compete with private players, they have to improve system and their working culture | Read SC’s opinion on liability of railways towards passengers for delayed train arrival

Supreme Court: While addressing the matter wherein a passenger suffered loss and agony due to delay in the arrival of train, M.R

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Published on September 9, 2021September 9, 2021By Bhumika Indulia
Leave a comment3278 views
Case BriefsSupreme Court

Virtual courts as facet of fundamental right: SC issues notice in writ petition filed by All India Association of Jurists

Supreme Court: A three-Judge Bench of L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. is considering a writ petition seeking to

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Published on September 9, 2021September 9, 2021By Editor_4
1 Comment4341 views
Case BriefsSupreme Court

SC upholds Govt.’s decision to extend tenure of incumbent Director of Enforcement beyond two years, but orders no further extension to be granted

“There is no fetter on the power of the Central Government in appointing the Director of Enforcement beyond a period of two

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Published on September 9, 2021September 17, 2021By Editor_4
Leave a comment3251 views
Case BriefsSupreme Court

Nothing wrong with OBC Reservation for consecutive term for the office of Mayor; SC interprets Maharashtra Rules

Supreme Court: The bench of L. Nageswara Rao v. BR Gavai*, JJ has set aside the judgment of the Aurangabad bench of

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Published on September 8, 2021September 16, 2021By Prachi Bhardwaj
Leave a comment3583 views
Case BriefsSupreme Court

Reasonable charges for benefit derived by private entities from State capital is perfectly justified: SC upholds demand of ‘royalty for controlled water’ levied on CPPs by Kerala Electricity Board

Supreme Court: A Division Bench of Uday U. Lalit and Vineet Saran, JJ. held that charges levied by the Kerala State Electricity

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Published on September 8, 2021September 9, 2021By Editor_4
Leave a comment3523 views
Case BriefsSupreme Court

“Writing judgments is an art”: Pained by lack of clarity in HC order, Supreme Court explains importance, purpose, contents and elements of a judgment

“The judgment replicates the individuality of the judge and therefore it is indispensable that it should be written with care and caution.”

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Published on September 8, 2021September 9, 2021By Editor_4
Leave a comment5726 views
Case BriefsSupreme Court

Supreme Court Decodes | Pujari who performs puja and maintains temple property, will he be treated as Bhumiswami? Who will be the owner of temple property?  

Supreme Court: Bench of Hemant Gupta and A.S. Bopanna, JJ., while addressing the matter pertaining to rights of the priest, observed that:

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Published on September 8, 2021September 9, 2021By Bhumika Indulia
Leave a comment14166 views

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