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Acquittal In A Criminal Trial Has No Bearing Or Relevance On The Disciplinary Proceedings: Supreme Court
The Supreme Court observed that an acquittal in a criminal trial has no bearing or relevance on the disciplinary proceedings.The standard of proof in both the cases are different and the proceedings operate in different fields and with different objectives, the bench comprising Justices M R Shah and BV Nagarathna observed while setting aside an order passed by Industrial Court which...
"Right To Property A Constitutional Right": J&K&L High Court Orders 10 Lakh Compensation In 'Illegal' Deprivation Of Land Case
Underscoring that the Right To Property is a Constitutional Right that has been acknowledged to be akin to a fundamental right and a basic human right, the Jammu and Kashmir and Ladakh High Court recently directed the J&K Government to pay 10 Lakh as compensation to the petitioners in a case of illegal deprivation of land.Ordering thus, the Bench of Chief Justice Pankaj Mithal and...
Javed Akhtar Seeks Dismissal Of Defamation Suit Over RSS-Taliban Remark; Says Defamation Can't Be Against 'Unidentifiable Class'
Lyricist Javed Akhtar has sought dismissal of the defamation suit filed by a Rashtriya Swayamsevak Sangh (RSS) worker, accusing him of comparing RSS and Vishva Hindu Parishad (VHP) with the Taliban during a television interview.Akhtar filed the applications under Order 7 Rule 11 of Civil Procedure Code in RSS worker Vivek Champanerkar's suit.The Joint Civil Judge Senior Division Thane has...
ISRO Espionage Case : Supreme Court To Hear CBI's Challenge Against Pre-Arrest Bail To 4 Officers After 2 Weeks
In a special leave petition filed by CBI assailing the anticipatory bail granted by the Kerala High Court to four police and intelligence bureau officials in the case related to the alleged framing of ISRO scientist Nambi Narayanan in a 1994 espionage case, the Supreme Court on Monday granted two weeks time to CBI to file rejoinder. When the matter was called for hearing, Additional...
Not Always Obligatory To Remit Matter To Arbitration Tribunal Merely Because A Party Filed Application U/s 34(4) Arbitration Act: Supreme Court
The Supreme Court observed that merely because an application is filed under Section 34(4) of the Arbitration and Conciliation Act by a party, it is not always obligatory on the part of the Court to remit the matter to Arbitral Tribunal. "When it prima facie appears that there is a patent illegality in the award itself, by not recording a finding on a contentious issue, in such cases, Court...
Supreme Court Refuses Protection To Suspended Chhattisgarh IPS Officer In Corruption Case
The Supreme Court on Monday refused to grant protection to suspended Additional Director General of Police Gurjinder Pal Singh in a case filed against him under the Prevention of Corruption Act for allegations of disproportionate assets.A Bench comprising CJI NV Ramana, Justice Surya Kant and Justice Hima Kohli dismissed Singh's special leave petition filed against Chattisgarh High Court's...
Employee Who Refuses Promotion Offer Not Entitled To Financial Upgradation Merely Because She Suffered Stagnation : Supreme Court
The Supreme Court observed that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be entitled to financial upgradation only because he/she has suffered stagnation.The court said that Central Government employees who have refused the offer of regular promotion are disentitled to the financial upgradation...
Calcutta High Court Seeks Report On Existing VC Facilities At District Courts & Tribunals In State
The Calcutta High Court has recently directed the State government to apprise the Court about the steps which are taken to set up video conferencing facilities in the tribunals and forums of the State. Furthermore, the High Court Administration was directed to procure reports from all the district courts in respect of the existing video conference facilities. A Bench comprising Chief...
Calcutta High Court: Annual Digest 2021
As we step into 2022, LiveLaw brings to you a yearly Round-up of important updates from the Calcutta High Court. This yearly digest includes 182 orders and judgments divided into 21 different subject heads. Criminal Law 1. Section 173(8) CrPC No Bar For Writ Courts To Transfer Investigation To CBI [Jyotsna Roy v. State of West Bengal & Ors]Taking note of the wide gaps in a...
Supreme Court Instructs Registry To Expedite Verification And Listing Process Of Petitions Where Parties Appear In Person
On Monday, the Supreme Court instructed its Registry to expeditiously list matters which are to be presented by parties appearing in person, after verifying at the earliest, whether they are in a position to address the Court. However, the Apex Court refused to prescribe a fixed time-line for the same. The Petitioner, 'a spokesperson for his Holiness Jagat Guru Shankaracharya ji' and...
BJP MLA Nitesh Rane Approaches Bombay High Court Seeking Anticipatory Bail In Attempt To Murder Case
BJP MLA Nitesh Rane, son of Union Minister Narayan Rane, has approached the Bombay High Court seeking pre-arrest bail in an alleged attempt to murder case in Sindhudurg, Maharashtra.A Sessions Court had, last week, denied anticipatory bail to him and a co-accused Sandesh Sawant. The Kankavli Police booked them under sections 307, 120(B) read with 34 of the Indian Penal Code.The case against...