Supreme Court Archives | Page 10 of 133

Whether a constable can be reinstated in the Police force on his acquittal in the criminal case? Supreme Court answers

Supreme Court reiterates that mere acquittal does not entitle an employee to reinstatement in service. The acquittal must be honourable.

Case Briefs Supreme Court

Supreme Court grants anticipatory bail to accused without imposing any condition of deposit of revenue loss

Supreme Court said that there is no reason to deviate from the view taken in the previous decisions of this Court, thus granted anticipatory bail to the accused without imposing any condition as suggested by Additional Solicitor General

Case Briefs Supreme Court Supreme Court (Constitution Benches)

An Independent Election Commission of India as envisioned by Supreme Court’s Constitution Bench: Breakdown of the 378-pages long verdict

The Supreme Court has directed that the Chief Election Commissioner and Election Commissioners shall appointed by the President on the advice of the Committee of the Prime Minister of India, the leader of opposition in Lok Sabha and the Chief Justice of India. This will curtail the devastating effect of continuing to leave appointments in sole hands of the Executive on Fundamental Rights and values.

Case Briefs Supreme Court

Economic offences under PMLA not to be treated lightly, Courts should tread meticulously before granting bail: Supreme Court

The Supreme Court stated that in the case of an economic offence which has a severe impact on the society, the Courts should be very slow in exercising the discretion under Section 438 of CrPC.

Case Briefs Supreme Court

Adani-Hindenburg Report | Supreme Court constitutes Expert Committee; Directs SEBI to conclude investigation in 2 months

The Supreme Court constituted an Expert Committee headed by a Former SC Judge for reviewing regulatory framework and directed SEBI to expeditiously conclude the investigation within 2 months.

Case Briefs Supreme Court

Explained| Supreme Court’s verdict on prospective applicability of MHA Notification restricting OCI cardholders from competing with Indian Citizens in NEET

The Supreme Court held that the impugned notification taking away the accrued rights of OCI cardholders should have prospective effect on children born after the said date.

Case Briefs Supreme Court

Explained| Supreme Court’s power under Section 406 CrPC to transfer Section 138 NI Act cases and effect of non-obstante clause under Section 142(1) NI Act

Supreme Court said that as four of the six cases have been filed by the respondent company before the Dwarka Courts at New Delhi and only two such cases are pending before the Courts at Nagpur, it would be convenient and in the interest of all concerned, that the cases be transferred to the Dwarka Courts at New Delhi.

Case Briefs Supreme Court

Supreme Court sets aside Orissa HC order against Lokayukta’s direction to conduct preliminary inquiry against MLA; says Natural Justice principles not followed

Since the Odisha Lokayukta was not given any opportunity of being heard when the Division Bench of Orissa High Court set aside the inquiry order, the Supreme Court held the same as a manifest error in violation of the principles of natural justice.

Case Briefs Supreme Court

Classification of ‘pushtaini’ and ‘gair-pushtaini’ landholders bad in law, creates dissonance between Land Acquisition Act’s object and effect: Supreme Court

The Supreme Court opined that even if such a classification had a rational nexus to the objective of the notification, the classification must also be legitimized by the parent statute.

Case Briefs Supreme Court

Specific Relief| Supreme Court shows dismay over Trial Court & Telagana HC’s orders allowing “hopelessly delayed” application seeking extension of time filed after 853 days; sets aside order

The Supreme Court was unimpressed with the explanation given by the plaintiff for the delay of 853 days that he initially fell sick with Jaundice and was later confined to house with High Blood Pressure, Diabetes and other diseases. The petition had extension of time to deposit the balance sale consideration of Rs. 15,00,000/-.

Case Briefs Supreme Court

Insurance Contract must be read as a whole with attempt to harmonise the terms; Supreme Court reiterates

The matter pertains to death of a Constable during election duty and claim of insurance raised after more than 7 years of the incident, wherein, the liability of insurance company and Election authorities was in question before the Supreme Court.

Case Briefs Supreme Court

Supreme Court directs District Coastal Zonal Management Authority to decide on the question of demolition of edible oil pipeline in Chennai

Supreme Court stated that the appellants may approach the relevant Coastal Zonal Management Authority within a period of one month as regards to laying down the pipelines was concerned which will be considered by any application made in regard to the continued use of the pipeline.

Case Briefs Supreme Court

Classification of posts and determination of pay structure falls within Executive’s exclusive domain, Courts and Tribunals should not interfere; Supreme Court reiterates

“The wisdom and advisability of the Courts in the matters concerning the finance, are ordinarily not amenable to judicial review unless a gross case of arbitrariness or unfairness is established by the aggrieved party.”, observed Supreme Court

Case Briefs Supreme Court

EXPLAINED| Why Supreme Court allowed AIADMK leader E. Palaniswami to continue as the interim general secretary

Courts should not interfere in the internal issue of a party and leave it open to the party and its members to take a particular decision for better administration, stated Supreme Court

Case Briefs Supreme Court

Caste-based discrimination in IIT-K| Continuation of proceedings can be a barrier in bringing back cordiality between faculty: Supreme Court disposes of criminal appeal

In a case related to caste-based discrimination against an associate professor of IIT-K by fellow faculty members, the Supreme Court played a conciliatory role and handled a very sensitive matter with equal sensitivity.

Case Briefs Supreme Court

Period of suspension of legal proceedings is excludable in computing limitation period for enforcement of right under Section 22(5), SICA: Supreme Court

Supreme Court held that the period of suspension of legal proceedings is excludable in computing the period of limitation for the enforcement of such right in terms of Section 22(5), SICA. Further, the dismissal of the application under Section 9, IBC on the ground of ‘pre-existing dispute’ cannot be held to be patently illegal or perverse.

Case Briefs Supreme Court

Ad-hoc judicial service does not count as ‘judicial service’ for elevation as a High Court judge: Supreme Court

Some members of the Andhra Pradesh State Judicial Service had claimed that the service rendered by them as District & Sessions Fast Track judges on Ad-hoc basis was not considered for elevation to the Bench of the Andhra Pradesh High Court.

Case Briefs Supreme Court

Supreme Court to examine scope of SHRC’s power to examine a medical negligence case dismissed by NHRC

NHRC had refused to interfere with the instant case of medical negligence, while SHRC issued certain directions. The High Court also did not find anything wrong with the directions of SHRC, hence, the petitioner approached the Supreme Court in the present matter.

Case Briefs Supreme Court

No illegality associated with the establishment of Delimitation Commission for the UT of Jammu and Kashmir: Supreme Court

Supreme Court held that there is neither illegality associated with the establishment of the Delimitation Commission, nor anything illegal about the exercise of delimitation of the constituencies undertaken by it.

Case Briefs Supreme Court

Authorities cannot be punished for inaction in exercise of power within the prescribed period in the absence of statutory bar: Supreme Court

Supreme Court said that the Allahabad High Court committed a serious error in interpreting Rule 176(4) of Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952.