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Clean Service Record Of Employee Can Be A Significant Factor In Promotion For A Selection Post: Supreme Court
The Supreme Court observed that unblemished or clean record of an employee is a significant factor while considering his/her suitability for promotion to a 'selection post'."A marred service record, though not an insurmountable bar, must carry some consequences, and it could be a comparative disadvantage in promotion for a selection post. The employer's preference for a person with a...
No Retrospective Effect Of Notification Imposing Custom Duty On Grant Of Conversion Of Vessels From 'Foreign Going' To 'Coastal Run': Orissa High Court Allows Customs Duty Exemption
The Orissa High Court has allowed the Customs Duty Exemption and held that Notification imposing Custom Duty on grant of conversion of vessels from 'Foreign Going' to 'Coastal Run' is not applicable retrospectively. The division bench headed by Chief Justice Dr. S. Muralidhar and Justice B.P. Routray has observed that exemption notification dated 17th March, 2012 is only prospective...
Customs Department Files Review Petition Against Supreme Court's Judgment In Canon India
The Customs Department has filedReview Petition against a 2021 Supreme Court Judgment in Canon India Private Ltd. versus Commissioner of Customs, which had held that officers of the Directorate of Revenue Intelligence do not have powers under the Customs Act ,1962. The Review Petition against the judgment in Canon India was listed before a Supreme Court Bench consisting of Chief Justice...
Highest Bidder Has No Vested Right To Have The Public Auction Concluded In His Favour: Supreme Court
The Supreme Court observed that the highest bidder has no vested right to have the auction concluded in his favour.The acceptance of the highest bid or highest bidder is always subject to conditions of holding public auction and the right of the highest bidder is always provisional to be examined in the context in different conditions in which the auction has been held, the bench...
Unitech Case: Supreme Court Refuses To Modify Its Order Directing Priadarshni Foundations To Reconvey Land To Unitech
Supreme Court on Wednesday refused to modify its last year's order directing Priadarshni Foundations Pvt Ltd to reconvey the lands ad-measuring 30.71 acres to Unitech Ltd, presently managed by a Board of Directors constituted by the Government of India.A bench comprising Justice DY Chandrachud and Justice MR Shah has granted three weeks time to the Foundation to comply with its...
SC Calls Upon Registrar Of HP High Court To Indicate The Reasons As To Why Trial Court Records Have Not Been Sent To The Top Court's Registry
While hearing a criminal appeal wherein the accused is undergoing sentence, the Supreme Court recently called upon the Registrar of Himachal Pradesh High Court to indicate the reasons as to why Trial Court records have not been sent to the Top Court's Registry. The bench of Justices UU Lalit, SR Bhat and PS Narasimha issued the directions after taking into consideration the fact that...
Poverty No Justification For Husband To Perpetrate Torture Upon Wife: Calcutta High Court Upholds Conviction For Abetment Of Suicide
The Calcutta High Court has recently observed that poverty even if acute cannot be a justification for a husband to perpetrate torture upon his wife thus compelling her to commit suicide. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi upheld the conviction of the husband for abetment of suicide by observing that the deceased wife named Bimali had been subjected to...
Vaccines Can't Be Mandated Without Evidence That Unvaccinated Persons Pose Health Risk : Prashant Bhushan Argues In Supreme Court
On Wednesday, the Supreme Court began the final hearing in the plea, inter alia, questioning the constitutionality of the vaccine mandates imposed by States, particularly, Delhi, Madhya Pradesh, Maharashtra and Tamil Nadu. On a previous occasion, Advocate, Mr. Prashant Bhushan appearing for the Petitioner, Dr. Jacob Puliyel, a former member of the National Technical Advisory Group of...
PMLA Offences Non-Cognizable In The Sense Local Police Can't Arrest, Says Supreme Court During Hearing
The Supreme Court on Wednesday remarked that the PMLA Act offences are not cognisable only to the extent of the scheme of the Cr. P. C.- that they are cognisable in the sense that arrests can be effected without a warrant by authorities specified in the Act, but they are non-cognisable qua the local police so that arrests cannot be made under the Cr. P. C.The Court was hearing SG Tushar...
Mere Wrong Decision Without Anything More Not Enough To Attract Jurisdiction Under Article 227: Delhi High Court
The Delhi High Court has observed that a mere wrong decision without anything more is not enough to attract the supervisory jurisdiction of High Court under Article 227 of the Constitution of India. "…it may be noted that the power under Article 227 of the Constitution of India being one of judicial superintendence cannot be exercised to upset conclusions, howsoever erroneous they may...
Supreme Court Expunges HC Observations Against Superintendent, Central Prison, Nagpur
The Supreme Court has expunged the observations made by the Bombay High Court, Nagpur Bench against the Superintendent, Central Prison, Nagpur for filing reply affidavit with incorrect facts in a matter pertaining to rejection of a furlough application of an economic offender. A Bench comprising Justices Ajay Rastogi and A.S. Oka noted the submission of the Superintendent that he...