Separate Grounds not Required when Arrest is made with Warrant
The Supreme Court held that a warrant is adequate to constitute the grounds for arrest. A reading of the warrant to the detained person is sufficient to satisfy the requirement…
Transfer of Probe to Independent Agency When There Is Custodial Death
The Supreme Court emphasised the need for an impartial investigating agency in cases involving custodial deaths, citing the principle of ‘nemo judex in causa sua’ (‘no one should be a…
Employees Absorbed Post-Merger Entitled to Pension Benefits
The Supreme Court held that employees who are absorbed into a service under the State Government are entitled to pension benefits at par with regular employees, from the date…
Effects-based Analysis Essential to demonstrate violation of Competition Act
The Supreme Court held that volume-based discounts by a market player do not automatically amount to discriminatory pricing under Competition Law. There must be demonstrable evidence of harm to competition.…
Direct Evidence not Necessary to Determine Conspiracy in Terror cases -NDPS, UAPA
The Supreme Court held that physical recovery of contraband is not necessary to determine conspiracy and facilitation of a crime in a narcotics smuggling operation. Harpreet Singh Talwar was accused…
Orders to Remove Online Content must be Necessary and Proportional
The Supreme Court held that Courts can direct media organisations to take down online content about an ongoing case only when it poses a real and substantial risk to the…
Arrest under PMLA cannot Violate Fundamental Rights
The Supreme Court held that not presenting a person taken into custody by the Enforcement Directorate (ED) for a crime under the Prevention of Money Laundering Act, 2002, within 24 hours…
Framing Substantial Question of Law Essential to Pass Interim Order -CPC
The Supreme Court held that High Courts lacked the jurisdiction to grant an interim order at that stage of the second appeal without framing the substantial question of law as…
Transfer of prisoner on grounds of security—valid—administrative decision—Prisoners Act 1900
The Supreme Court held that the transfer of a prisoner from one jail to another is an administrative decision. Therefore, Courts must interfere in the matter sparingly. A decision to…
Supreme Court’s power to expand the scope of appeal under Article 142-IPC- Prevention of corruption Act
The Supreme Court held that it is not bound to limit its scope while hearing an appeal. It may expand the merits of the case if required, under its power…