Supreme Court Weekly Digest (20th February -26th February 2023)

Welcome to Live Law's Supreme Court Weekly Digest! This is your one-stop destination for staying updated on the latest legal developments and landmark decisions made by the Supreme Court of India. Our team of legal experts closely monitors the proceedings of the court, providing insightful commentary on the legal arguments presented by both sides, analyzing the court's decisions, and highlighting the potential implications of those decisions for society as a whole. Whether you are a legal professional, a student of law, or simply interested in staying informed about the latest legal developments in your country, Live Law's Supreme Court Weekly Digest is the perfect resource for you.Judgements/OrdersEmployee Can't Seek Alteration Of Date Of Birth At Fag End Of Career : Supreme CourtCase : General Manager South Eastern Coalfields vs Avinash Kumar TiwariCitation : 2023 LiveLaw (SC) 124The Supreme Court has reiterated that an employee cannot seek alteration of date of birth in the service records at the fag end of the career. A bench comprising Justices V Ramasubramanian and Pankaj Mithal was hearing a special leave petition filed by South Eastern Coalfields Ltd challenging a Bombay High Court order which allowed the alteration of an employee's date of birth.General Power Of Attorney Holder Can Sub-Delegate His Powers If There Is A Specific Clause Permitting Sub-Delegation : Supreme CourtCase Title : Mita India Pvt Ltd vs Mahendra JainCitation : 2023 LiveLaw (SC) 121The Supreme Court has held that a general power of attorney holder can sub-delegate his powers to another person if there is a specific clause authorising sub-delegation.Children's Right Not To Have Their Legitimacy Questioned Frivolously Part Of Their Privacy Right : Supreme Court On Power To Order 'DNA Test'Case Title: Aparna Ajinkya Firodia vs Ajinkya Arun Firodia | SLP (C) No.9855/2022 | 20 Feb 2023Citation: 2023 LiveLaw (SC) 122The Supreme Court observed that DNA tests of children born during the subsistence of a valid marriage may be directed only when there is sufficient prima-facie material to dislodge the presumption under Section 112 of the Evidence Act.IIT-Kanpur Caste Discrimination Complaint : Supreme Court Favours Conciliation, Suggests Talks Between Dalit Faculty & His ColleaguesCase Title: Subrahmanyam Saderla v. Chandra Shekhar Upadhyay | Criminal Appeal No. 460 of 2023 arising out of Special Leave Petition (Criminal) No. 3663 of 2020Citation : 2023 LiveLaw (SC) 126The Supreme Court recently adopted a conciliatory approach in a cased filed by a Dalit faculty member of the Indian Institute of Technology, Kanpur against four senior professors alleging caste harassment.'Land Acquisition Compensation Can't Be Different Based On Nature Of Ownership' : Supreme Court Strikes Down NOIDA Authority's ClassificationCase title: Ramesh Chandra Sharma And Ors. v. State of Uttar Pradesh And Ors.Citation: 2023 LiveLaw SC 123The Supreme Court stuck down the classification made by the Greater NOIDA Authority between Pushtaini and Gair-Pushtaini Landholders for the purpose of granting compensation upon acquisition.Cheque Cases Can Be Transferred From One State To Another Invoking Section 406 CrPC : Supreme CourtCase Title: Yogesh Upadhyay vs Atlanta LimitedCitation: 2023 LiveLaw (SC) 125The Supreme Court observed that it has power under Section 406 CrPC to transfer cheque cases from one state to another.Minority School Not Entitled To State Grant Towards Salary For Employee Retained Beyond Retirement Age : Supreme CourtCase Title: State of Gujarat And Ors. v. H.B. Kapadia Education Trust And Anr. Civil Appeal No. 2837 of 2022Citation: LiveLaw 2023 (SC) 127The Supreme Court held that if an employee is continued in service by the management of any registered minority Secondary School receiving Grant-in-Aid from the State-Government, then such school would not be entitled to receive any grant in respect of the expenditure incurred for continuing such employee beyond the stipulated superannuation age.Supreme Court Affirms Madras HC Order Allowing EPS To Continue As AIADMK Interim General Secretary, Dismisses OPS's ChallengeCase Title: Thiru K Palaniswamy vs M Shanmugham and othersCitation : 2023 LiveLaw (SC) 133In a set back to O Paneerselvam(OPS) in the cases related to AIDAMK leadership row, the Supreme Court affirmed the order of the Madras High Court division bench which allowed Edappadi Palaniswamy(EPS) to continue as the interim general secretary of the party.Different Pay Scale For Seemingly Similar Posts Justifiable If There Is A Reasonable Classification : Supreme CourtCase Title: Union of India v. Indian Navy Civilian Design Officers Association And Anr. |Civil Appeal No. 8329 of 2011Citation: LiveLaw 2023 (SC) 129The Supreme Court has observed that Pay Commissions may be justified in recommending different pay scales for seemingly similar posts and if the State accepts such differentiation based on a reasonable classification, then the Courts...

Supreme Court Weekly Digest (20th February -26th February 2023)

Padmakshi Sharma

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