Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
As per Appendix 3 appended to CCS CCA Rules, the Member Telecommunications Commission is a competent authority to impose major penalties, and the General Manager, Telecommunications, is competent to impose minor penalties.
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“Once it is found that there is continuity in the business operations, the intermittent presence or return of a particular employee becomes immaterial and insignificant in determining the existence of a permanent establishment.”
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“Procedure, it is said, is only a handmaiden and not a mistress of justice. However, the said adage has been followed only in the breach in this case. A simple issue of an amendment to a complaint has held up a trial under Section 138 of the Negotiable Instruments Act, 1881 for the last nearly two years.”
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“Similarly, a clause which states that “if the parties so decide, the disputes shall be referred to arbitration” or “any disputes between parties, if they so agree, shall be referred to arbitration” would not constitute an arbitration agreement”.
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The Court stated that while considering the bail applications, accounting for the criminal antecedents of the accused has been a subject matter of concern for the courts across the country.
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The application of the doctrine of merger, in every case, shall be accompanied by an awareness of its limitations and shall not be wielded to close avenues for addressing genuine concerns. Prioritizing justice and fairness shall supersede an absolute insistence on finality.
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“Mental health is an integral component of the right to life under Article 21 of the Constitution which has been upheld by the Court time and again.”
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“Access to justice is inextricably connected to maintaining integrity in the process of invocation and conduct of remedial proceedings before Courts and Tribunals.”
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“Grant of bail to the person accused of such grave offences without assigning reasons shakes the conscience of the Court and would have an adverse impact on the society”.
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Directing the wife to not to use her influence as IPS officer, the Court dissolved the marriage between the parties and stated that guidelines framed by Allahabad High Court vis-a-vis ‘Constitution of Family Welfare Committees’ shall be implemented by the appropriate authorities.
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In this case, Shreyas Talpade was linked to an alleged financial scam involving a Haryana-based cooperative society, which was accused of defrauding investors.
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Mere punishment per se would not constitute a remedy for an act of crime. Therefore, the idea is to reform and rehabilitate the deviant person to bring him back into the fold of society.
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Holding Asian Paints as ‘victim’ within CrPC, the Court further stated that victim’s right to prefer appeal under Proviso to S. 372 CrPC is not restricted by any other provision of the CrPC.
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A Single-Judge Bench of the High Court quashed the sale, pointing out multiple deficiencies in the valuation report issued by the commissioner.
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Considering the unprecedented gravity of this custodial torture case, the systematic cover-up orchestrated by local police machinery and institutional bias, the Court directed the transfer of investigation to the CBI.
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“We make it clear that these directions are issued in the larger public interest to uphold the dignity, and healthcare rights of prisoners with disabilities in all custodial settings. The obligations herein are rooted in India’s constitutional guarantees, statutory mandates, and international human rights commitments.”
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Summons and letters were issued to the appellant demanding service tax for the period from 01-07-2012 to 16-02-2014. Furthermore, a show cause notice demanding service tax of Rs. 2,07,29,576 along with interest for services during the afore-stated period was also issued.
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In July 2022 State of West Bengal had expressed its intention to resume the 395 acres of land and called upon the petitioners to furnish project plan for the proposed EV project detailing requirement of the land and justification. By an order dated 9-11-2022, State had resumed 395 acres of land.
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“One would think that in this day and age, where great strides have been made in realizing the constitutional goal of equality, this Court would not need to intervene for equality between the successors of a common ancestor and the same should be a given, irrespective of their biological differences, but it is not so”.
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The respondents submitted that the action of the Petitioners in conducting another Review Medical Examination is clearly illegal, ultra vires, and without authority, and therefore deserves to be set aside in its entirety.
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