Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
In the Consumer Protection Act, 2019, a body corporate was brought within the definition of ‘person’, indicating that the legislature realized the incongruity in the unamended provision and rectified the anomaly by including the word ‘company’ in the definition of ‘person’.
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“For attracting the provision of Section 420 of the IPC, the FIR/complaint must show that the ingredients of Section 415 of the IPC are made out.”
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Supreme Court: In a criminal appeal filed against the order passed by the Karnataka High Court, wherein the Court allowed the petition
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“If the word ‘may’ is read as ‘shall’, it will have drastic consequences, as in every complaint under Section 138, the accused will have to pay interim compensation up to 20 per cent of the cheque amount and such an interpretation will be unjust and contrary to the well-settled concept of fairness and justice, exposing the provision to the vice of manifest arbitrariness.”
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“If we were to issue interim mandatory injunction in such like cases, it might set a bad precedent in law that would enable the States to flout fiscal policies and still successfully claim additional borrowings.”
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Supreme Court said that when there is a reference in the second contract to the terms and conditions of the first contract, the arbitration clause would not ipso facto be applicable to the second contract unless there is a specific mention/reference thereto.
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Supreme Court upheld the High Court’s decision and emphasised the need for early enforcement of the foreign award by the competent forum.
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Supreme Court highlighted that the fact of accused being a child in conflict with law was known to the Investigating Officer, prosecution as well as the Trial Court from the very inception of proceedings.
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The Rajasthan High Court had dismissed the petitioners’ second bail application on 12-07-2023.
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“The grant of a pre-trial injunction against the publication of an article may have severe ramifications on the right to freedom of speech of the author and the public’s right to know.”.
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Supreme Court quashed and set aside the condition imposed by the Orissa High Court restricting involvement in political activities.
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Supreme Court questioned the haste shown by the Central Govt issuing impugned notification during nationwide lockdown and held the inclusion of item 6 to be illegal.
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Supreme Court held that the appellant is entitled to restoration of his seat in the first year of MBBS(UG) course in the same college in the next session.
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Supreme Court concluded that the instant matter was not one of ‘incorporation’ but a case of ‘reference’ and clarified that a general reference would not have the effect of incorporating arbitration clause.
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The Special Court for POCSO cases convicted the Tamil languageNadu teacher under Section 12 of the POCSO Act and sentenced him to three years of rigorous imprisonment and the High Court affirmed the conviction.
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“Severance of employer — employee relationship can never be said to be an easy choice, for it not only results in the employee losing his livelihood, but also affects those who depend on him for their survival. And if the employer is the Indian Army, the loss is even greater, since it has the effect of suddenly displacing a soldier from the regimented lifestyle of the military”
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Section 7 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 provides that the Selection Committee would comprise of the Prime Minister, a Union Cabinet Minister and the Leader of the Opposition.
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Supreme Court has stayed the impugned judgment subject to the condition that Mohammed Moquim will not be entitled to cast vote in the assembly proceedings.
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The Delhi High Court had earlier directed registration of a First Information Report (‘FIR’) against the makers of TVF web series ‘College Romance’.
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The Supreme Court imposed costs of Rs. 50000 on Adani Power Rajasthan Limited.
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