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Supreme Court

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

Case BriefsSupreme Court

[Consumer Rights] SC takes cognizance of Government’s lackadaisical attitude towards consumer empowerment; Issues directions to conduct a Legislative Impact Study on Consumer Protection Act, 2019

Supreme Court: Opining that empowerment of the consumers is the legislative intent behind the Consumer Protection Act, 2019 and the ground reality

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Published on August 18, 2021August 20, 2021By Editor_4
Leave a comment2719 views
Case BriefsSupreme Court

Can putting thumb impression instead of sign cause adverse presumption on genuineness of deed. What is proper stage to object regarding mode of proof? SC discusses

Supreme Court: Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ., expressed that, Key characteristic of thumb impression is that every person

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Published on August 18, 2021August 20, 2021By Bhumika Indulia
Leave a comment8449 views
Case BriefsSupreme Court

Overruling versus Reversal: SC explains mere overruling of principles by subsequent judgment will not dilute binding effect of decision inter partes

Supreme Court: A Division Bench of S. Abdul Nazeer and Krishna Murari, JJ. held that there is a distinction between overruling a

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Published on August 18, 2021August 20, 2021By Editor_4
Leave a comment11730 views
Case BriefsSupreme Court

Rent Act would not come to the aid of a “tenant-­in-­sufferance” vis-­à-­vis SARFAESI Act due to operation of S. 13(2) read with S. 13(13) of SARFAESI Act: SC

Supreme Court: The Division Bench of S. Abdul Nazeer and Krishna Murari, JJ., addressed a pertinent issue of whether the rent act

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Published on August 18, 2021August 20, 2021By Bhumika Indulia
Leave a comment9619 views
Case BriefsSupreme Court

Explained| How to know if a document is a mortgage or a conditional sale?

Supreme Court: The bench of Hemant Gupta and AS Bopanna, JJ has held that in order to determine whether a document is

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Published on August 18, 2021August 20, 2021By Prachi Bhardwaj
Leave a comment5300 views
Case BriefsSupreme Court

Misbranding of Insecticides: SC enunciates law on limitation period for filing complaints in cases of misbranding punishable under S. 29 of Insecticides Act

Supreme Court: A Division Bench comprising of Navin Sinha and R. Subhash Reddy, JJ. held that the period of limitation for filing

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Published on August 17, 2021August 20, 2021By Editor_4
Leave a comment5574 views
Case BriefsSupreme Court

Payment of Gratuity Act | Whether 2010 amendment in Gratuity Act contemplating Rs 10 lakhs as amount of gratuity would have retrospective effect?

Supreme Court: The Division Bench of Hemant Gupta and A.S. Bopanna, JJ., addressed whether the 2010 amendment of Payment of Gratuity Act

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Published on August 16, 2021August 20, 2021By Bhumika Indulia
1 Comment4619 views
Case BriefsSupreme Court

[In Re: Safeguarding Courts and Judges] Supreme Court directs CBI to file weekly report indicating progress in investigation before Jharkhand HC

Supreme Court: While addressing the issue pertaining to the unfortunate demise of the Judicial Officer Uttam Anand, the 3-Judge Bench comprising of

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Published on August 16, 2021August 16, 2021By Editor_4
Leave a comment3202 views
Case BriefsSupreme Court

‘Natural human conduct is to first save oneself’: SC acquits woman accused of setting husband’s first wife on fire and coming out unscathed from conflagrant house

Supreme Court: A Division Bench comprising of Hemant Gupta and A.S. Bopanna, JJ. reversed the conviction of the accussed−appellant who was convicted

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Published on August 13, 2021August 20, 2021By Editor_4
Leave a comment3921 views
Case BriefsSupreme Court

Right to Shelter v. Right to Government Accommodation | 15 years after superannuation, a Govt. Employee still accommodated at Govt. accommodation: Does SC finds this legitimized? Explained crisply

“Displaced persons cannot occupy government accommodation.”

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Published on August 13, 2021August 20, 2021By Bhumika Indulia
1 Comment4585 views
Case BriefsSupreme Court

SC issues directions to make voter’s right to information more effective; penalises political parties for non-compliance with earlier directions regarding disclosure of criminal antecedents: Read full report

“The nation continues to wait, and is losing patience. Cleansing the polluted stream of politics is obviously not one of the immediate

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Published on August 13, 2021August 20, 2021By Editor_4
Leave a comment5681 views
Case BriefsSupreme Court

Supreme Court on Jurisdiction of NCLAT & NCLT ||  Does jurisdiction of NCLAT/NCLT extend into entering upon merits of a business decision made by a requisite majority of CoC?

Supreme Court: The Division Bench of Dr Dhananjaya Y Chandrachud and M R Shah, JJ., observed that, Jurisdiction of the Adjudicating Authority

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Published on August 12, 2021August 12, 2021By Bhumika Indulia
1 Comment8727 views
Case BriefsSupreme Court

Foreign arbitral award enforceable against non-signatories to agreement; ‘perversity’ no longer a ground to challenge foreign award; tort claims arising in connection with agreement are arbitrable: SC expounds law on foreign awards

Supreme Court: A Division Bench comprising of R.F. Nariman and B.R. Gavai, JJ. held that a foreign arbitral award is enforceable against

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Published on August 11, 2021August 12, 2021By Editor_4
Leave a comment6961 views
Case BriefsSupreme Court

Explained: Explanation 3C of Section 43B of Income Tax Act, 1961 clarificatory or adds a new condition?

Supreme Court: The division bench of RF Nariman* and BR Gavai, JJ has explained the object and scope of Explanation 3C of

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Published on August 11, 2021August 20, 2021By Prachi Bhardwaj
1 Comment5435 views
Case BriefsSupreme Court

Whether wilful breach of undertaking given to Court would amount to Contempt of Court under S. 2(b) of Contempt of Courts Act? SC elaborates

Supreme Court: The Division Bench of Indira Banerjee and V. Ramasubramanian, JJ., observed that, an undertaking given by a party should be

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Published on August 10, 2021August 12, 2021By Bhumika Indulia
Leave a comment9372 views
Case BriefsSupreme Court

Conundrum of res judicata and rejection of plaint: SC summarises guiding principles for deciding an application under Or. 7 R. 11(d) CPC 

Supreme Court: A Division Bench comprising of Dr D.Y. Chandrachud and M.R. Shah, JJ. upheld the order of the Karnataka High Court

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Published on August 10, 2021August 12, 2021By Editor_4
2 Comments14764 views
Case BriefsSupreme Court

Emergency arbitrator’s award is referable to S. 17(1) of Indian Arbitration Act; enforceable under S. 17(2): Scopious analysis of landmark SC ruling in favour of Amazon in dispute with Future Retail

 Supreme Court: Holding that an award passed by Emergency Arbitrator is enforceable under the Arbitration and Conciliation Act, 1996, a Division Bench

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Published on August 7, 2021August 12, 2021By Editor_4
Leave a comment5645 views
Case BriefsSupreme Court

No preventive detention on ground of a possible apprehension of breach of law and order; Supreme Court explains true import of ‘public order’

Supreme Court: In a case where the detenu was accused of committing a series of criminal offences from October, 2017 to December,

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Published on August 5, 2021August 6, 2021By Prachi Bhardwaj
1 Comment4779 views
Case BriefsSupreme Court

No bar to amendment of S. 7 IBC petition until final order; Money decree, recovery certificate in financial creditor’s favour gives fresh cause of action to initiate corporate insolvency resolution process: SC   

Supreme Court: A Division Bench of Indira Banerjee and V. Ramasubramanian, JJ. held that there is no bar in law to amendment

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Published on August 5, 2021August 12, 2021By Editor_4
Leave a comment6614 views
Case BriefsSupreme Court

Premature release of convicts who have undergone imprisonment of more than 14 yrs, and less than 14 yrs: With whom lies the power? SC discusses

Supreme Court: A Division Bench of Hemant Gupta and A.S. Bopanna, JJ. disposed of a criminal appeal holding, inter alia, that if

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Published on August 4, 2021August 6, 2021By Editor_4
Leave a comment7288 views

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