Supreme Court
Supreme Court sets aside NCLAT order de-recognizing four lenders of the insolvent Reliance Infratel as Financial Creditors
Noting that hypothecation means the process of using an asset as collateral for a loan. It acts as a protection to the lender when the borrower does not repay the loan, the Supreme Court highlighted that the name of the document is not a decisive factor. Only because the title of the document contains the word hypothecation, it cannot be concluded that guarantee is not a part of this document.
Gift conditioned on perpetual rendering of services without remuneration amounts to begar or forced labour, hence unconstitutional: SC
“Although Section 127 of TPA permits an onerous gift but a gift which is conditioned upon perpetual rendering of services without any remuneration would amount to a “begar” or forced labour, even slavery and therefore it is not just wrong or illegal but even unconstitutional, being violative of fundamental rights of the donees.”
Inquiry Officer can continue Eviction proceedings by upholding natural justice principles in absence of regulations under Section 105H of MMC Act: SC
In the impugned decision, the High Court framed points for the Inquiry Officer to determine the matter and laid down the procedure, the Court held that the High Court overstepped its limits and took unto itself a duty which the Act entrusts the statutory authority to exercise.
Supreme Court quashes abetment of suicide charges against husband and in-laws, citing lack of prima facie evidence of intent to instigate the deceased
“There must be a close proximity between the positive act of instigation by the accused person and the commission of suicide by the victim.”
‘Proceedings initiated with ulterior motive, used as weapon’; SC quashes proceedings against parents-in-law under S. 498-A of IPC
“Cruelty is not enough to constitute offence under S. 498-A IPC, it must be done with the intention to cause grave injury or drive victim to commit suicide or inflict grave injury to herself.”
‘Economic offences stand on different footing, have wider ramifications’; SC upholds Bombay HC’s decision refusing to quash FIR under PC Act involving SBI employees
SBI suffered losses of Rs. 6.13 Crores approximately, causing a substantial injury to the public exchequer and consequently, hampering the public interest…“Economic offences affect the economy of the country as a whole and pose a serious threat to the financial health of the country. If such offences are viewed lightly, the confidence and trust of the public will be shaken.”
‘Party’s financial independence does not preclude maintenance, especially in cases where marriage subsisted for long’: SC grants Rs. 50 Lakhs alimony to wife in 21-yr-old matrimonial dispute
A sum of Rs. 50 Lakhs has also been awarded to the daughter, in line with the principles of safeguarding the interests of children suffering under distress of such prolonged matrimonial disputes between the parents.
Supreme Court upholds conviction of man for murdering his wife; Rejects plea of alibi
The absence of any explanation or defense from the convict, coupled with the surrounding circumstances that pointed to his culpability, led the Supreme Court to conclude that the only plausible inference was that the convict had participated in the commission of the crime.
‘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.”
Supreme Court directs NEET UG counselling for vacant seats; Orders Completion of admission process by 30th Dec
Supreme Court directed that no college would be permitted to admit the students directly and admission should be conducted only through the State Admission Authorities.
‘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.”
‘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.”
[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.
Supreme Court recognises Oran lands as ‘Forests’ under Forest Conservation Act; Issues directions to protect ‘sacred groves’ of Rajasthan
“Recognizing Orans as forests aligns with both domestic legal mandates and international commitments, fostering a harmonious balance between cultural heritage and biodiversity conservation for present and future generations.”
From Death Row to Life: Supreme Court commutes sentence of man convicted for Sexual assault and murder of 4-year-old boy
“The crime committed by the convict was diabolic in character. He enticed the innocent child by tempting him with ice-cream and brutally sodomized and murdered the four-year old. The appellant also mercilessly strangulated the deceased. The post-mortem report clearly indicated that death was due to asphyxia by throttling”.
‘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.”
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.
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.”
Read what the Supreme Court said while quashing 2-decade long NDPS case against former IPS Officer Bharti Arora
Supreme Court reiterated that justice should not only be done but should be seen to be done.