Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
Supreme Court, without delving into the merits of the rival claims, set aside the impugned order on the limited ground of lack of jurisdiction and ordered a remand. Consequently, the writ petition was revived and placed back on the file of the High Court.
Continue reading
“A right of an Advocate to appear for a party and to practice in the Courts is coupled with the duty to remain present in the Court at the time of hearing, and to participate and conduct the proceedings diligently, sincerely, honestly and to the best of his ability. Rights and duties are two sides of the same coin, and they are inherently connected with each other.”
Continue reading
The immunity granted by the moratorium order issued under Section 14 of the IBC can only be obtained by a corporate debtor and not by a natural person such as the present accused, who was the Director of the corporate debtor.
Continue reading
“There is a need for “Sustainable Development” harmonising and striking a golden balance between the right to development and the right to clean environment”.
Continue reading
“Some disgruntled residents of Auroville, instead of cooperating the Governing Board of the Foundation in the implementation of the said legally approved Master Plan and in carrying out the development work of Auroville as per the said Master Plan envisioned by the “Mother,” started causing obstructions by filing the Petitions in the Madras High Court one after the other, dragging the Foundation into unnecessary litigations.”
Continue reading
A legal representative is one, who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent or child.
Continue reading
The Court also held that the auction purchaser was not entitled to either ownership or leasehold rights in respect of the plot and could not claim to be a lessee as the lease in terms of the lease agreement entered into by the DDA was never executed.
Continue reading
“The provisions of Section 42A of POCSO Act, cannot be interpreted so as to override the scope and ambit of enabling provision, i.e., Section 42 of POCSO Act.”
Continue reading
Supreme Court noted that nothing is stated by the detaining authority as to why the conditions are not sufficient to prevent the detenu from engaging in further activities of smuggling; which was the specific ground on which the conditions were imposed while granting bail.
Continue reading
The homebuyers’ case was that almost 70-80% of the loan amounts under subvention schemes were disbursed by the banks to the builders-cum-developers as ‘first tranche’, without due diligence, despite project milestones not having achieved.
Continue reading
“Although the law allows for travelling back of the revisional order of the High Court, yet it is far from ideal to do so after the passage of a substantial period of time. The correct approach to be adopted in cases like this is that the High Court should direct the Trial Court to stay its proceedings till the revision proceedings in respect of Section 319, CrPC are disposed of.”
Continue reading
“The accused persons had no knowledge that by asking the two employees to work on the sign board as part of the work of decoration of the frontage of the shop, such an act was likely to cause the death of the two deceased employees.”
Continue reading
The Court upheld the Central Administrative Tribunal’s decision entitling appellants to be considered as part of the “initial constitution” of Sports Authority of India (SAI) as laid down in the 2022 Rules.
Continue reading
Permitting a stay on regulatory penalties under the guise of insolvency proceedings would undermine the very purpose of the CP Act and embolden errant developers to escape liability through insolvency proceedings.
Continue reading
“Right from the inception of democratic rule, universal adult franchise has found its place in our system of governance. Each election upholding these cherished values of public participation, equality and integrity of the vote is a testament to the vision of the founders.”
Continue reading
“It is said that the woes for the litigants in this country start once they are able to obtain a decree in their favour and are unable to execute and reap its fruits for years together.”
Continue reading
For the purpose of transfer of any case or proceedings under Section 406 of the CrPC, the case must fall within the ambit of the expression “expedient for the ends of justice”.
Continue reading
Earlier, the Court had permitted him to attend a ‘Fatiha’ ceremony of his father Mukhtar Ansari, who died on 28-03-2024.
Continue reading
Supreme Court reiterated that that an order of affirmation may not require elaborate reasons as required in the case of an order of reversal, but it does not mean that such order of affirmation need not contain any reason at all.
Continue reading
“The motive for the commission of the offence was absent and the same was very relevant as the case was based on circumstantial evidence.”
Continue reading