Digest Of Supreme Court Cases

Administrative Action

The case involved abrogation of Article 370of Constitution of India when all internet services, phone networks etc were suspended temporarily. Though the temporary suspension does not provide for notification / publication but law of natural justice, is that an order, particularly one that affects lives, liberty and property of people demanding compliance on part of […]

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Administrative or Executive Function

All powers vested with the persons occupying high posts must be discharged in accordance with constitutional principles and statutory rules/regulations governing the field. The judicial scrutiny of a decision does not depend on the rank or position held by the decision maker.  (2020) 4 SCC 78 – Brigadier Nalin Kumar Bhatia v Union of India

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Civil Procedure Code , 1908

[20] – Or.41 R 31 and Ss. 96 and 100 – Appeal  -Meaning and scope defined- the judgment of the first appellate court must display conscious application of mind and record findings supported by reasons on all issues and contentions. it is required to comply with the requirement of Or.41 R 31 and non-observance of

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Right to food

Arts. 21 , 14, 38, 39, 47, and 51(c ) -Right to food – The apex court had on October 18 favored setting up of community kitchens, saying the country needs this kind of system to tackle the problem of hunger . Further default by states in not filing affidavit to incur additional costs of

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Constitution of India-Discretionary powers of Supreme Court under Article 137 of Constitution of India for review petition

Hearing of review petition in open court in the case of Nirbhaya gang rape case declined. Held, that the order of which review has been sought, does not suffer from any error apparent warranting its reconsideration. Review petition dismissed. (2020) 3 SCC 239- Pawan Kumar Gupta v State (NCT of Delhi)

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Financial services

Banking /Shares/ Securities and other Financial services Non submission of insured’s insurance form and premium by collecting bank to Insurance company is deficiency of service on the part of the collecting bank. (2020) 4 SCC 671- Hemiben Ladhabhai Bhanderi v Saurashtra Gramin Bank and Another

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Crimes against women and children

Protection of women from Domestic Violence Act,2005-Ss. 18 and 20, the court has to be prima facie satisfied that there have been instances of Domestic Violence– there are no specific allegations as to how other relatives of Appellant 14 (husband) have caused the acts of Domestic Violence- the criminal case of domestic violence against them

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School leaving certificate

Ss. 35,74 and 76 – proof of age – School leaving certificate / transfer certificate, certified copy required. Self-governing statement is insufficient in the absence of examination of the official incharge of school who recorded the date of birth in school register. Held, the onus was on the plaintiff to prove that he was a

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