Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
Vijaya Bank while issuing the appointment letter to the respondent, included a restrictive covenant carrying an indemnity clause, wherein the respondent had to pay the Bank if he leaves the service before completion of 3 years.
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“If a person is arrested on a warrant, the grounds for reasons for the arrest is the warrant itself; if the warrant is read over to him, that is sufficient compliance with the requirement that he should be informed of the grounds for his arrest.”
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“The consent of the complainant as defined under section 90 IPC cannot be said to have been obtained under a misconception of fact. There is no material to substantiate “inducement or misrepresentation” on the part of the accused to secure consent for sexual relations without having any intention of fulfilling said promise”.
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The Court opined that the chats depicted the stark reality about the behavioural pattern of the complainant who appeared to be having manipulative and vindictive tendency.
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Supreme Court directs National Board of Examinations (NBE) to ensure uniform NEET-PG 2025 by holding exam in single shift.
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The modern architectural techniques have progressed by leaps and bounds, the new construction materials and techniques can be employed to construct a verandah in front of Court Room No. 1 exactly identical to the one which is existing in front of Court Room Nos. 2 to 9 without disturbing the aesthetic value of the main structure and without requiring any kind of modification/alteration in the main structure.
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“The instant matter arises from a series of encounters reported in the State of Assam, the authenticity of which has been called into question on various counts. At the heart of these proceedings lie concerns that straddle the delicate boundary between the imperatives of law enforcement and the inviolable guarantees of life and personal liberty enshrined in our Constitution”.
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The Trial Court hadn’t given any separate sentence to the convict under Sections 376(3), 377, 506 of the IPC and Section 4 of the POCSO Act in view of Section 42 of the POCSO Act.
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“The Secretary General of this Court is directed to deploy adequate Supreme Court Staff to assist the Election Committee for the recounting.”
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In the instant case, the appellant was denied maternity leave for a third child on account of her re-marriage. The Supreme Court held that the appellant was entitled to grant of maternity leave.
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“It is not shown how the IAF headquarters has any control over the management of the said school. Although some funds may have originated from the Army Welfare Society, it cannot be said that the State or the IAF has any control, let alone all-pervasive control, over the school. Moreover, the said Society is not governed by any statutory rules.”
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Supreme Court emphasised on the necessity of women’s participation in the judiciary and said that country will greatly benefit from a judicial force that is competent, committed and most importantly, diverse.
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The West Bengal Municipal Act, 1993 was enacted in order to consolidate the laws relating to urban Municipal Affairs in West Bengal. The West Bengal Municipal Employees’ (Recruitment) Rules, 2005 was introduced by the State Government in exercise of powers conferred under Section 417 read with Section 54(4) of the West Bengal Municipal Act, 1993
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“In matters of personal liberty, the High Courts are not expected to keep the matter pending for such a long time and do nothing, except for adjourning from time to time”.
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“This year, as the nation commemorated the 75th anniversary of the Constitution on 26th January, it was recalled that the Constitution envisioned the State as a welfare state, guaranteeing social and economic justice to all citizens. Yet, in this case, there had been a profound failure to provide both social and economic justice to the victim. The facts revealed a failure of the very concept of the welfare state.”
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“It is the obligation of the Central Government to maintain the National Highways. The maintenance of highways includes the obligation to keep them in good condition. It also includes keeping them free of encroachments and, most importantly, providing adequate safety measures to reduce the possibility of accidents.”
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“The essence of consumerism is embedded within the Constitution, there is absolutely no reason to fill up the Consumer fora with tenure based offices for the Staff, Members and Presidents”.
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“When it comes to exercise of power under Section 482 CrPC in relation to application under Section 12(1), the High Court has to keep in mind the fact that the DV Act, 2005 is a welfare legislation. Therefore, while exercising jurisdiction under Section 482 CrPC for quashing proceedings under Section 12(1), the High Court should be very slow and circumspect”.
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In S. Kaladevi v. V.R. Somasundaram, (2010) 5 SCC 401, the Supreme Court had held that an unregistered document may be received as evidence of a contract in a suit seeking specific performance.
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“Any violation of the conditions, then liberty is reserved to the respondent to seek cancellation of anticipatory bail.”
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