Digest Of Supreme Court Cases

Grant of Bail vide non speaking order- Criminal Procedure Code, 1973 — S. 439

Grant of bail, by High Court to accused-respondents in this case, charge-sheeted after investigation for offences under Ss. 302, 307, 201 and 120-B IPC, by non-speaking order, and without taking into consideration any of material forming part of charge-sheet even to find out whether there is any material collected during the   investigation   involving the   accused   […]

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Authorisation of detention by Magistrate and Powers of arrest of police- Criminal Procedure Code, 1973 — Ss. 41, 41-A and 438

In cases/offences punishable with imprisonment for term which may be less than seven years or which may extend to seven years, whether with or without fine, and cases under S. 498-A IPC or S. 4 of the Dowry Prohibition Act, directions issued for strict compliance with directions issued in Arnesh Kumar, (2014) 8 SCC 273

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Persons to whom Protection of S. 197 available (Public servants) -Criminal Procedure Code, 1973

Bank officials are not covered under this section. S. 197 protects only public servants whose appointing authority is the Central Government or the State Government and not every public servant.  [A. Sreenivasa Reddy v. Rakesh Sharma, (2023) 8 SCC 711]  Case Comment: It is pertinent to note that the banking sector being governed by the

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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,

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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

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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

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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

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