Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“The requirement that the recovery process be fair, transparent and based on a proper assessment of value must co-exist with the principle of finality governing confirmed sales.”
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In a landmark verdict, the Supreme Court of India permitted withdrawal of life-sustaining treatment for a patient who had been in a Persistent Vegetative State (PVS) for 13 years, while clarifying guidelines laid down in Common Cause v. Union of India, (2018) 5 SCC 1 and urging the Centre to fill the legislative gaps on subject of end-of-life care.
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“Appellants secured admission based on tribe certificates, which have since been cancelled, is not in doubt. Nonetheless, sight cannot be lost that their tribe certificates were invalidated after they had graduated.”
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The Supreme Court held that the deeming fiction under Section 103 of the Multi-State Cooperative Societies Act, 2002 does not operate automatically merely because a cooperative society’s area temporarily extends across two States following reorganisation.
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“The exclusion of the creamy layer among the backward classes is not a matter of mere policy preference but a constitutional imperative intended to ensure that the benefits of reservation reach those who are socially and educationally backward in the true sense of the phrase.”
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In a historic ruling, the Supreme Court of India permitted withdrawal of life-sustaining treatment for a patient who had been in a Persistent Vegetative State (PVS) for 13 years, reaffirming the constitutional principle of the right to die with dignity and clarifying the application of the Common Cause euthanasia guidelines across India.
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“The State, as a model employer, cannot adopt artificial classifications to deny statutory benefits. Repackaging contractual engagements under a different nomenclature, while denying regularization, violates the equality mandate under Articles 14 and 16 of the Constitution.”
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Acknowledging that right to die with dignity is inseparable from the right to receive quality palliative care, Supreme Court for the first time allowed passive euthanasia by withdrawal of the applicant’s Clinically Assisted Nutrition and Hydration.
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The Supreme Court highlights a gap in how serious vaccine-related adverse events are addressed and calls for a No-Fault Compensation Policy.
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“A decision based on such non-existent and fake alleged judgments is not an error in the decision making.”
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Patna High Court had quashed criminal proceedings against the sister-in-law whereas father & mother-n-law were declined relief for similar allegations. The Supreme Court held that High Court erred in applying different standards to persons who stood on an identical footing insofar as the nature of the allegations against them was concerned.
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The Arbitral Tribunal was justified in awarding post-award interest, but the rate of interest required modification.
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In a previous order, the Court had directed the husband to deposit Rs 25,000 with the Court’s Registry towards travelling expenses, etc., of his wife and minor daughter; however, the husband had failed to do so.
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“Commercial wisdom of the CoC enjoys primacy and cannot be supplanted by judicial review. Neither the NCLT, nor the NCLAT nor even this Court is empowered to substitute its assessment in place of the commercial decision arrived at by a requisite majority of the CoC”.
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The matter revolves around the alleged forgery/genuineness of the agreements containing the arbitration clause.
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“Continued underutilisation, despite availability of infrastructure, reflects a systemic indifference to deploy reformative mechanisms and warrants immediate corrective measures.”
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“The nomenclature “sharbat” does not strip the product of its essential character as a fruit-based beverage concentrate, particularly where its composition and intended use align with that understanding.”
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Unapproved restructuring of loan facility not in compliance with the Debenture Trust Deed cannot defeat the admission of Section 7 IBC application once financial debt and default are established.
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Observing that decontextualised criticism in a school curriculum may undermine institutional dignity and influence impressionable minds, the Supreme Court ordered seizure of all copies of the NCERT Grade-8 textbook and issued show-cause notices for criminal contempt.
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The Supreme Court emphasised that freedom of speech does not extend to vilifying communities, with Justice Ujjal Bhuyan underscoring fraternity as a constitutional value. The Court’s observations came while examining objections to the ‘Ghooskhor Pandat’ movie title.
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