Supreme Court

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Supreme Court Upholds Consumer Commission's Compensation Award Against Builder for Delayed Possession in Housing Project. Builder's 'Endeavour' Clause Interpreted as Requiring Reasonable Efforts, and Contractual Compensation Rate Held Unfair Under Consumer Protection Act, 1986....

The dispute arose from a delayed housing project where the builder, NBCC (India) Limited, failed to hand over possession of a residential unit to the purchaser, Shri Ram Trivedi, within the stipulated...

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Supreme Court Acquits Husband in Murder Case Due to Insufficient Evidence and Failure to Prove Homicidal Death. Conviction under Section 302 IPC Set Aside as Medical Evidence Was Inconsistent and Did Not Rule Out Suicide, Applying Principles of Circumstantial Evidence from Sharad Birdhichand Sarda v. State of Maharashtra....

The appeal arose from a murder conviction under Section 302 of the Indian Penal Code, 1860, where the appellant, husband of the deceased, was accused of strangling his wife. The prosecution case was b...

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Supreme Court Quashes Rape Charge Against Accused Due to Consensual Relationship and Lack of False Promise at Inception. The Court held that a subsequent refusal to marry after a consensual sexual relationship does not constitute rape under Section 376 IPC, as the promise was not false at the time it was given, and quashed the proceedings under Section 482 CrPC....

The appeal arose from a judgment of the High Court of Judicature at Allahabad dated 26 September 2019, which dismissed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking...

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Supreme Court Allows State Appeals in Land Acquisition Case — Doctrine of Legitimate Expectation Cannot Override Statutory Acquisition Process. Industrial Development Constitutes Valid Public Purpose Under Land Acquisition Act, 1894....

The appeals arise from a common judgment of the Uttarakhand High Court dated 02.11.2018, which dismissed the appeals filed by the appellants (the State and its instrumentalities) and affirmed the judg...

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Supreme Court Allows Appeal for Full Back Wages in Wrongful Termination Case — Chartered Accountant Reinstated with Back Wages. The Court held that where termination is found to be wrongful and based on victimisation, full back wages must be awarded, and the burden of proof regarding gainful employment lies initially on the employee to plead....

The appellant, a qualified Chartered Accountant, was appointed as Manager (Finance) by Manganese Ore (India) Limited on 22.10.1997. He was later posted as Deputy Chief (Finance) at Balaghat Mines in 2...

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Supreme Court Upholds Conviction in Murder Case Based on Sole Testimony of Interested Witness — Testimony of Brother of Deceased Found Reliable with Corroboration from Medical Evidence....

The Supreme Court dismissed the appeals filed by Mahendra Singh, Pritam Singh, Shambhu Singh, and Lakhan Singh, upholding their conviction under Sections 148 and 302 read with Section 149 of the India...

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Supreme Court Partially Strikes Down FCRA Amendment Act 2020 — Ban on Transfer of Foreign Funds and Mandatory Aadhaar Held Unconstitutional. The court upheld the requirement of a single FCRA account at SBI New Delhi as a reasonable regulatory measure to prevent misuse of foreign funds....

The judgment deals with a batch of writ petitions challenging the constitutional validity of certain amendments made to the Foreign Contribution (Regulation) Act, 2010 (FCRA) by the Foreign Contributi...

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Supreme Court Quashes High Court's Declaration That Gond Gowari Tribe Is Extinct, Reaffirms Parliamentary Power Over Scheduled Tribes List. The Court Held That Only Parliament Can Amend the Scheduled Tribes List Under Article 342(2) of the Constitution, and Courts Cannot Tinker with Entries in the Constitution (Scheduled Tribes) Order, 1950....

The Supreme Court heard appeals against a common judgment of the Bombay High Court, Nagpur Bench, dated 14.08.2018, which allowed four writ petitions concerning the Scheduled Tribe 'Gond Gowari' in Ma...

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Supreme Court Allows OBC Female Candidates in UP Police Constable Recruitment to Be Considered Against General Category Vacancies. Horizontal Reservation Principle Requires Uniform Application of Cut-off Marks Across Genders, and Candidates with Higher Marks Than General Category Cut-off Cannot Be Denied Selection....

The Supreme Court dealt with a Miscellaneous Application filed by two female candidates, Sonam Tomar (OBC-Female) and Reeta Rani (SC-Female), who participated in the 2013 UP Police Constable recruitme...