Meghalaya HC directs State to acquire and hand over land to AAI for Shillong Airport expansion within 3 months
“The development of Shillong Airport is key to advancement of State in all respects.”
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‘Public defrauded under the guise of necessary public infrastructure’; SC upholds Allahabad HC’s decision making DND flyway toll-free
“NOIDA (Levy of Infrastructure Fee) Regulations, 1998 came to be enacted only after the Concession Agreement had been executed and were seemingly designed to validate the actions already taken by NTBCL and NOIDA.”
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‘Transfer of investigation to CBI in special circumstances’; SC sets aside Madras HC order for re-investigation while acquitting accused for same offence
“Mere observation that the investigating authorities may have taken a lackadaisical ethical approach does not warrant the accused being put through the wringer once more for the same offence.”
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‘Blot on Constitution’; SC aghast over HC staying proceedings in a case where woman was humiliated, accused of witchcraft & disrobed
“When it comes to offences that infringe upon the dignity of a person, the responsibility cast on both the investigating and the adjudicatory authorities is greater than usual or what is generally cast upon them in other circumstances… Dignity is an invaluable aspect of Indian Constitutional jurisprudence.”
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[Cash-for-Job Scam] SC emphasises right to liberty, says undertrial incarceration should not amount to punitive detention while granting bail to TMC’s Partha Chatterjee
The Court expedited the Trial and directed the Trial Court to decide on framing of charges before the commencement of the winter vacations or before 31-12-2024 and then fix a date for recording the statements of prosecution witnesses who are the most material or vulnerable.
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Gujarat HC comes to rescue of candidate who was denied selection for constable due to tattoo removal scar
The candidate had removed his tattoo before the recruitment process, hence, the Court stated- “Whether the scar would last on the body or not is something which would not be under the control of the petitioner [candidate].”
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Jal Jeevan Mission Scam | SC grants bail to middleman Sanjay Badaya in money laundering case
ED’s investigation into the Jal Jeevan Mission scam revealed that fake and fabricated work experience certificates were used to get Public Health and Engineering Department contracts and bribes were given to public servants to score tenders.
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‘No Constitutional Court can direct Trial Courts to write bail orders in particular manner’; SC expunges adverse remarks and directions against District & Sessions Judge
“The Constitutional Courts can lay down the principles governing the grant of bail or anticipatory bail, however, the Constitutional Courts cannot interfere with the discretion of Trial Courts by laying down the form in which an order should be passed while deciding bail applications…Explanation of a Judicial Officer can be called for only on the administrative side.”
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SC urges youth to resist peer pressure; calls for concerted effort from family, school & community to mitigate drug addiction
The Court held that NIA could investigate non-scheduled offence, or a person involved in a non-scheduled offence, provided there is a connection with the scheduled offence. This nexus between any other offence and the Scheduled Offence is of critical importance and must be present to enable the NIA to investigate any other offence committed by an accused in connection with the Scheduled Offence.
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Confirmed sale under SARFAESI cannot be set aside on mere irregularities except on grounds of collusion, fraud, inadequate pricing or underbidding: SC
“‘Henderson Principle’ is a core component of the broader doctrine of abuse of process, aimed at enthusing in the parties a sense of sanctity towards judicial adjudications and determinations. It ensures that litigants are not subjected to repetitive and vexatious legal challenges. This rule not only supports the finality of judgments but also underscores the ideals of judicial propriety and fairness.”
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NGT halts all ongoing illegal constructions without mandatory environmental clearances in Noida and Greater Noida
Pollution Control Board to prevent illegal plotting in the area falling in floodplain zones in the Villages.
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‘As a matter of public policy, Courts must not curtail statutory remedies’; SC upholds right to restore appeal challenging compromise decree
“Only the Court that entertains the petition of compromise can determine its legality, at the time of recording the compromise or when it is questioned by way of a recall application. No other remedy is available to the party who is aggrieved by the compromise decree as an appeal and fresh suit are not maintainable under the CPC.”
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Disputes relating to non-payment of wages & termination order within Industrial Tribunal’s jurisdiction; SC quashes arbitrator’s appointment
“Jurisdiction of the Industrial Court is also to the exclusion of the civil courts and is not arbitrable.”
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No fresh registration of suits against places of worship; SC stays passing of final/ survey orders in existing matters
The registration of further suits has been stayed as the matter challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991is sub-judice.
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Supreme Court acquits three accused of murdering their sister-in-law in 27-yr-old case
“It is a well-established principle of criminal jurisprudence that conviction on a charge of murder may be based purely on circumstantial evidence, provided that such evidence is deemed credible and trustworthy. In cases involving circumstantial evidence, it is crucial to ensure that the facts leading to the conclusion of guilt are fully established and that all the established facts point irrefutably to the accused person’s guilt.”
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SC discusses essential ingredients of S. 306 IPC while discharging husband & his family from charges of abetting wife’s suicide
“It is essential to establish that the death was a result of suicide and that the accused actively abetted its commission. This can involve instigating the victim or engaging in specific actions that facilitated the act. The prosecution must prove beyond doubt that the accused played a definitive role in the abetment. Without clear evidence of an active role in provoking or assisting the suicide, a conviction under Section 306 IPC cannot be sustained.”
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[POCSO] Supreme Court grants anticipatory bail to 28-yr-old man accused of molesting minor girl
Nearly two years had passed since the FIR was lodged, yet no progress was made in the case. The Court noted that the accused had cooperated with the investigation and that the chargesheet was yet to be filed.
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‘Undue delay in issuing execution warrant for death penalty violates convicts right under Art. 21’; SC issues directions to tackle delays
“Article 21 of the Constitution does not end with the pronouncement of the sentence but extends to the execution stage of that sentence. An inordinate delay in the execution of the sentence of death has a dehumanising effect on the accused. An inordinate delay caused by circumstances beyond the prisoners’ control mandates the commutation of a death sentence.”
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MP High Court designates 27 Advocates as Senior Advocates
The Advocates who secured above 50 points were recommended for designation as Senior Advocates by the Permanent Committee.
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Meghalaya HC directs for 2-hour ‘Incognito’ inspections on weighbridges during peak traffic over allegations of mismanagement & loss of revenue
“Only in cases of gross failure of the administrative machinery causing injury to the public at large who are unable to obtain any redress except with the intervention of the Court, should the Court intervene and this dividing line should be strictly maintained.”
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