No Appointments Or Transfers To IAS Cadre Posts Without Civil Services Board Recommendation: CAT To Kerala Govt In Interim Order

The Central Administrative Tribunal, Ernakulam Bench passed an Interim Order refraining the Kerala State Government from issuing orders of appointment, transfers and postings to IAS officers in cadre posts without obtaining recommendations from the Civil Services Board (CSB) for ensuring minimum tenure as directed by the Apex Court in T.S.R Subramanian & Others v. Union of India &...

Centre Notifies Transfer Of Five High Court Judges

The Central Government today notified the transfer of 5 High Court judges as recommended by the Supreme Court collegium. They are Justice Vivek Kumar Singh [Allahabad High Court to Madras High Court]Justice Shekhar B Saraf [Calcutta High Court to Allahabad High Court]Justice Bibek Chaudhuri [Calcutta High Court to Patna High Court]Justice M. Sudheer Kumar [Telangana High Court to Madras...

Supreme Court Explains Application Of SAFEMA After Detention Order Under COFEPOSA Has Been Revoked

The Supreme Court, recently (On November 10), held that provisions of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) would apply to every person against whom an order of detention has been passed under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 19742 (COFEPOSA) unless it comes under exception given in proviso...

Bar Council Of India Should Obtain English Translation Of Documents In Disciplinary Proceedings : Supreme Court

The Supreme Court recently held that the Rules framed by the Bar Council of India regarding Disciplinary Proceedings, require the Bar Council to call for the English translation of documents which are not in English.In this context, a bench of Justice Abhay S Oka and Justice Pankaj Mithal, said that since Disciplinary Committee deals with the issue of misconduct of a member of the Bar, it...

Every Court Has High Pendency, Constitutional Courts Should Avoid Fixing Time-Schedule For Cases Unless Exceptional: Supreme Court

Every Courts in the country has a huge pendency and hence the Supreme Court and the High Courts should refrain from fixing a time-bound schedule for disposal of any cases except in extra-ordinary circumstances, observed the Supreme Court recently.A bench of Justices Abhay S Oka and Pankaj Mithal made this observation while turning down a plea seeking a direction for disposal of a criminal...

Historical Similarity In Previous Pay Scales Can Be Considered To Allow Same Pay Scale For Similar Posts : Supreme Court

Historical similarity in previous pay scales can be taken into consideration by the Courts to interfere with pay scale fixation which has created anomalies, observed the Supreme Court.Holding thus, the Court upheld a Delhi High Court judgment which held that Assistant and Personal Assistants of Ordnance Factory Board, Headquarters are entitled to same pay scale as similarly placed employees...

CMDRF Misappropriation Case: Kerala Lok Ayukta Dismisses Plea Alleging Misuse Of Funds By CM Pinarayi Vijayan, Others

Full Bench of the Kerala Lok Ayukta on Monday rejected the plea against the Chief Minister and 18 others alleging misuse of the funds in the Chief Minister Disaster Relief Fund (CMDRF). The petitioner, R.S. Sasikumar, had challenged the Cabinet decision taken on July 27, 2017, to give financial aid to the families of the deceased political leader Uzhavoor Vijayan and a deceased police...

Bharatiya Nyaya Sanhita A 'Copy-Paste' Of Indian Penal Code, 'Wasteful Exercise' : P Chidambaram

The three Bills introduced by the Union Government to replace the Indian Penal Code i "largely a copy and paste of existing laws", said Member of Parliament and Senior Advocate P Chidambaram in his dissent note submitted to the Parliamentary Standing Committee on Home Affairs.He said the enactment of these three Bills will be a "wasteful exercise that will have many undesirable...

Party Not Entitled To Seek Relief That Has Not Been Prayed For: Supreme Court

The Supreme Court, while dealing with a consumer dispute, reiterated that a party is not entitled to seek relief that has not been prayed for. A bench of Justice AS Bopanna and Justice PS Narasimha was dealing with an appeal against an order of the National Consumer Disputes Redressal Commission (NCDRC) in which it was held that there was a delay in delivering the consignment of the...

Criminalise Adultery In Gender Neutral Manner In New Penal Code, Recommends Parliamentary Panel

The Parliamentary Standing Committee on Home Affairs has recommended that the offence of adultery be retained in the Bharatiya Nyaya Sanhita, the new bill which was introduced by the Union Government seeking to replace the Indian Penal Code.Section 497 of the Indian Penal Code, which criminalised adultery, was struck down as unconstitutional by a Constitution Bench of the Supreme Court in...

Airlines Bound By Time Schedule Promised By Its Travel Agent : Supreme Court

The Supreme Court held that an authority is bound by the promise held by its agent under the Indian Contract Act. The Apex Court held so in the context of a consumer dispute, where Kuwait Airways, through its agent, Dagga Air Agents, had fixed a schedule of 7 days for delivery of certain goods. The Court held that the Airline was liable to pay the complainant damages for delay in delivering...

Arbitration A Boon For Businesses And Individuals Seeking Swift, Cost-Effective Dispute Resolution: Justice Sanjay Karol

Recently, Justice Sanjay Karol of the Supreme Court of India addressed a gathering at Ram Manohar Lohiya National Law University, Lucknow, which was hosting the World rounds of the Foreign Direct Investment (FDI) International Arbitration Moot Court Competition.Speaking during the valedictory ceremony, Justice Karol’s address centered on ADR mechanisms – how they are indispensable in...