Supreme court
Lokayukta Special Police Not 'Intelligence & Security Organisation' Exempt From RTI Act : Supreme Court
The Supreme Court on Monday upheld a Madhya Pradesh High Court direction requiring the Special Police Establishment (SPE) of the Lokayukta Organisation to disclose information sought under the Right to Information Act, while striking down a 2011 State Government notification that exempted the SPE from the RTI regime. A Bench of Justice J.K. Maheshwari and Justice Atul S. Chandurkar held that the SPE, which investigates corruption-related offences involving public servants, cannot be classified...
Curable Irregularity In Final Appointment Process Cannot Invalidate Entire Recruitment : Supreme Court
The Supreme Court has held that a procedural defect in the final stage of a recruitment process cannot automatically invalidate appointments where the recruitment itself was otherwise conducted fairly and transparently, and directed a Haryana cooperative society to reconsider the appointments of seven employees who had served for more than a decade.A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh allowed the appeal filed by Gaurav Mehla and others, setting aside the Punjab...
Constructive Res Judicata Bars Grounds Omitted Due To Negligence : Supreme Court Summarises Principles
Constructive Res Judicata Applies Even To Grounds Omitted Due To Negligence, Inadvertence: Supreme CourtThe Supreme Court has summarised the governing principles of the doctrine of constructive res judicata, reiterating that parties are required to raise all grounds that "might and ought" to have been raised in earlier proceedings and cannot avoid the doctrine by attributing omissions to negligence, inadvertence or accident.Explaining the rationale behind the doctrine, the Court observed that...
Dismissal Is Severest Punishment; Must Be Imposed Only For Grave Misconduct : Supreme Court
The Supreme Court recently observed that dismissal from service is one of the harshest forms of punishment; therefore, it must only be imposed by the disciplinary authority after duly considering relevant factors such as the nature and gravity of the misconduct, long service rendered, record, age, absence of financial loss to the company, etc. It also said that the period of suspension...
Revocation Of Probate Governed By Article 137 Of Limitation Act As Succession Act Prescribes None: Supreme Court
The Supreme Court has held that since the Indian Succession Act, 1925 does not prescribe any limitation period either for seeking probate of a Will or for filing an application to revoke a probate already granted, such proceedings would be governed by Article 137 of the Limitation Act, 1963, which provides a three-year limitation period for applications where no specific period is...
Injury Due To Tree Fall On Stationary Vehicle Not 'Motor Accident'; Can't Lodge MACT Claim : Supreme Court
The Supreme Court ruled that injuries caused by the fall of a roadside tree branch on a stationary autorickshaw during heavy rain do not constitute an accident arising out of the "use of a motor vehicle" for the purposes of a claim under Section 166 of the Motor Vehicles Act, 1988. Nevertheless, considering the grave injuries suffered by the victim, the Court enhanced the compensation awarded...
Supreme Court Lays Down Principles For Psychological Evaluation Of Children In Custody Disputes
The Supreme Court today laid down a set of broad principles for courts dealing with requests for psychological or psychiatric evaluation of children in custody, visitation and parental access disputes, holding that “minimum intrusion” into a child's life should be the norm and courts must remain sensitive to the risk of re-traumatisation.A bench of Justice Sanjay Karol and Justice N...
In Judgment On Homemakers, Supreme Court Cites 2023 Handbook Which CJI Surya Kant Called 'Too Harvard-Oriented'
The Supreme Court on Thursday (June 11) delivered a landmark judgment which recognized homemakers' contribution as 'nation builders', and directed that their contribution must be quantified a minimum as Rs 30,000 per month.The Court held that when a homemaker dies in a motor vehicle accident, the loss of domestic care must be separately awarded as a head of compensation, quantified at Rs...
