Digest Of Supreme Court Cases

Remedial action/ Reclamation / Rehabilitation measures / Compensation / Disgorgement of gains of wrongdoer / Other Measures — Ex post facto/Revised environmental clearance (EC) and / or forest clearance (FC General Principles of Environmental Law): Environment Law

An establishment contributing to economy of country and providing livelihood to hundreds of people, held, cannot be closed down for technical irregularity of shifting its site without prior environmental clearance, without opportunity to establishment to regularise its operation by obtaining requisite clearances and permissions, even though establishment may not otherwise be violating pollution laws, or […]

Remedial action/ Reclamation / Rehabilitation measures / Compensation / Disgorgement of gains of wrongdoer / Other Measures — Ex post facto/Revised environmental clearance (EC) and / or forest clearance (FC General Principles of Environmental Law): Environment Law Read More »

Conditions for Applicability of Res judicata between co-defendants -Civil Procedure Code, 1908- S. 11

When in earlier suit rights of co-defendants in respect of suit land were neither in issue, nor ever adjudicated, held, principle of res judicata will not be applicable. Ratio Decidendi- The earlier suit (Suit No. 8/64) dealt with Maharani’s claim over the entire estate and did not adjudicate the specific claims of the appellant or

Conditions for Applicability of Res judicata between co-defendants -Civil Procedure Code, 1908- S. 11 Read More »

Misleading advertisements and Right to safe drugs Arts. 21 and 47- Constitution of India

The case arises from concerns about the rising number of misleading advertisements, particularly those involving health and food products, which exploit consumers’ lack of knowledge. Despite existing frameworks like the Consumer Protection Act, 1986, and the Guidelines, 2022, the Court found these measures inadequate. Public complaints about deceptive endorsements by celebrities and corporations catalyzed the Indian

Misleading advertisements and Right to safe drugs Arts. 21 and 47- Constitution of India Read More »

Proof of Employer-employee relationship under Employees Compensation Act, 1923 — Ss. 3 and 4 — Employer’s liability to pay compensation

In the evidence led by the appellant no.1, she admitted in her cross-examination that the owner of the vehicle was brother of her husband. It was further admitted that they were having common ration card. They were members of the same Joint Hindu family. Salary certificate of the deceased was produced on record, however the

Proof of Employer-employee relationship under Employees Compensation Act, 1923 — Ss. 3 and 4 — Employer’s liability to pay compensation Read More »

Prayer for quashment of FIR after the investigation is over -Constitution of India — Art. 226 — Quashment/Discharge/Stay —— Matters to be considered Court

In this case the fact that investigation had been completed and charge-sheet was ready to be filed in court, proper remedy of accused is to prefer discharge application before trial court, which would be considered in accordance with law. [Iqbal v. State of U.P., (2023) 8 SCC 734]   Case Comment: Honorable Supreme Court of

Prayer for quashment of FIR after the investigation is over -Constitution of India — Art. 226 — Quashment/Discharge/Stay —— Matters to be considered Court Read More »

Reliance on Foreign Precedent?- Banned organisation or unlawful Association -Constitution of India — Arts. 19(1)(c) & (a) and Arts. 19(2), (3) & (4) and Arts. 21 and 14

Law clarified relating to criminal liability imposed therefor under special statutes (UAPA and TADA) on basis of doctrine of “guilt by (continuing) association”, whether should be read down to include the conditions of actus reus and mens rea. Nature, scope and applicability of S. 10(a)(i) r/w Ss. 3 and 4 UAPA, explained in detail.  

Reliance on Foreign Precedent?- Banned organisation or unlawful Association -Constitution of India — Arts. 19(1)(c) & (a) and Arts. 19(2), (3) & (4) and Arts. 21 and 14 Read More »

Insurance — Payment of Claim or Repudiation of Claim/Termination/ Remedies/Relief — Causation/Assessment of Loss/Surveyors, Investigators and Loss Assessors

Repudiation of claim under fire and special perils policy, for not providing desired documents is not sustainable, when documents were for the purpose of assessment of claim and Surveyor’s report had already been made and accepted by Insurance Company. Held, “In   our   considered   view, invoking   condition   no.   6(b) of   the policy   for   repudiation   dated   11th

Insurance — Payment of Claim or Repudiation of Claim/Termination/ Remedies/Relief — Causation/Assessment of Loss/Surveyors, Investigators and Loss Assessors Read More »

Criminal Law — Criminal Trial — Circumstantial Evidence— Extra-judicial confession/Hearsay

Law with regard to evidentiary value of extra-judicial confession as succinctly laid down in Munna Kumar Upadhyay, (2012) 6 SCC 174, commended to be followed as locus classicus. Held, The observations of this Court in the case of Sukhwant Singh v. State of Punjab3: ………It hardly needs to be emphasised that in cases where injuries are

Criminal Law — Criminal Trial — Circumstantial Evidence— Extra-judicial confession/Hearsay Read More »

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