Supreme court
Inadequate Grounds Of Arrest Don't By Themselves Vitiate Arrest, Prejudice To Accused Must Be Shown: Supreme Court
The Court said that complete non-service of reasons vitiates arrest, but inadequate reasons require proving prejudice against accused.
'Even In Terror Cases, Constitutional Safeguards And Right To Fair Trial Cannot Be Diluted': Supreme Court
'The greater the public outcry, the greater becomes the responsibility of the Court to ensure that the determination of guilt is based solely upon law and evidence' - Court
Know The Law | When Can High Courts Grant Relief Under Article 226 Beyond Pleadings? Supreme Court Explains
The Supreme Court recently clarified that although High Courts are ordinarily expected to remain confined to the pleadings and reliefs sought by parties, the rule is flexible while exercising jurisdiction under Article 226 of the Constitution. In exceptional cases, where the record clearly establishes a legal entitlement and denying relief on technical grounds would perpetuate injustice,...
Art. 226 | High Courts Cannot Reweigh Evidence Or Interfere With Factual Findings In Certiorari Jurisdiction : Supreme Court
The Supreme Court has held that the Writ of Certiorari cannot be issued by the High Court to review or reweigh the evidence based on which subordinate courts decided a matter. The Court reiterated that such a jurisdiction is issued only to correct errors of jurisdiction committed by Courts or Tribunals, but not for reappreciation of evidence or acting as a Court of appeal. Holding so, a bench...
LiveLaw Explainer | What Are Principles Of Promissory Estoppel
The Supreme Court has comprehensively restated the principles governing the doctrine of promissory estoppel, holding that governmental assurances are not empty declarations and that the State cannot arbitrarily withdraw promises on which citizens have acted to their detriment.In a judgment concerning the withdrawal of industrial incentives, the Court observed that promissory estoppel is...
Supreme Court Upholds Validity of Haryana Rule Deferring Compassionate Assistance For Kin Accused Of Murdering Govt Employee
The Court also clarified that 'compassionate assistance' was different from 'compassionate appointment'.
Courts Must Order Psychological Assessment Of Child Only If Necessary; Minimum Intrusion Should Be Norm: Supreme Court
The Court reiterated that children who suffered sexual abuse should not be exposed to processes that may cause secondary victimisation.
'Homemakers Are Nation Builders' : Supreme Court Quantifies Homemaker Contribution As Rs 30K Per Month In Motor Accident Claims
The Court recognized 'loss of domestic care' as an additional ground for compensation in motor accident claims.
