Digest Of Supreme Court Cases

Role, duties and responsibilities of Support Person – Protection of Children from Sexual Offences Rules, 2020 — Rr. 2(7), 4(7) & (9), 5 and 12

Legal entitlement to avail services of support person, explained. Directions issued to take action, frame rules/guidelines with respect to support persons ecosystem for eligibility, selection, appointment, training, pay, career advancement, etc. [Bachpan Bachao Andolan v. Union of India, (2023) 9 SCC 133]   Case Comment: A support person is to provide information, emotional and psychological […]

Role, duties and responsibilities of Support Person – Protection of Children from Sexual Offences Rules, 2020 — Rr. 2(7), 4(7) & (9), 5 and 12 Read More »

Termination of Service —— Necessity of Compliance of Natural justice- Service Law

As termination of services of appellant probationers without holding proper enquiry and granting opportunity of hearing, termination order declared illegal and set aside. Where allegation of misconduct constitutes foundation of action taken, held, termination of service by competent authority can be nullified on ground of violation of natural justice.  [Amar Kumar v. State of Bihar,

Termination of Service —— Necessity of Compliance of Natural justice- Service Law Read More »

Termination of Service / Discharge Simpliciter or punitive- Service Law

After the completion of the deputation, while the other trainee constables reported back to the Training Centre and joined, the respondent-plaintiff neither reported back nor gave any intimation for his non-reporting. Therefore, the S.P., Training Centre, made a recommendation to S.S.P., Amritsar to exercise power under Rule 12.21 of PPR to discharge the probationary constable. In

Termination of Service / Discharge Simpliciter or punitive- Service Law Read More »

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 »

Terms & Conditions

The rules of the Bar Council of India prohibit law firms from soliciting work or advertising in any manner. By clicking on ‘I AGREE’, the user acknowledges that:

  1. The user wishes to gain more information about Re Legal, its practice areas for his/her own information and use.
  2. That the information provided in the website is only for personal use or reference of the visitor and is provided only on his/her specific request.
  3. That the material available for downloading on the website and other information provided on the website would not create any lawyer-client relationship.
  4. That we are not responsible for any consequence of any action taken by the user relying on material/information provided under this website.
  5. That in case the visitor has any legal issues; he or she should seek independent legal advice.

The information provided under this website is for informational purposes only and solely available at your request. It should not be interpreted as soliciting or advertising. I AGREE