Supreme Court Cites CAA While Granting Relief To Person Who Migrated From East Pakistan In 1969

The Supreme Court recently cited the Citizenship Amendment Act (CAA) of 2019 while allowing the citizenship claim of an individual who migrated from East Pakistan (now Bangladesh) to India in 1969.The bench comprising Justice J.K. Maheshwari and Justice R. Mahadevan referred to the proviso added to Section 2(1)(b) of the Citizenship Act, 1955 ("Act") by the 2019 Amendment to state that the appellant (belonging to the Hindu religion) would not be treated as an 'illegal migrant'.The CAA grants...

UGC/AICTE Retirement Age Regulations Not Binding On State University-Affiliated Institutions Without State Adoption : Supreme Court

The Supreme Court on Friday (Dec. 6) held that amended UGC or AICTE regulations raising the retirement age to 65 years do not apply to institutions affiliated to State Universities where the State Government opts not to adopt those regulations. Such institutions must follow the retirement age followed in the State. The bench comprising Justice Vikram Nath and Justice Prasanna B. Varale heard the civil appeal filed by one P.J. Dharmaraj who was initially appointed as Lecturer, and Reader in...

Complete Police Verification Of Candidates Selected For Govt Service Within 6 Months Of Their Appointment : Supreme Court Directs All States

The Supreme Court warned against the careless and indifferent approach of the Police Authorities in failing to submit the Police Verification Report of candidates selected for government service appointments within the required timeframe, affecting the regularization of candidates. In this regard, the bench comprising Justice JK Maheshwari and Justice R Mahadevan issued a direction to...

Intent Of S.50 NDPS Act Is To Inform Suspect Of Right To Be Taken To Officer Who Isn't Part Of Search Party : Supreme Court

The Supreme Court has observed that the intent behind Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is to inform a suspect who is about to be searched of the right to be taken to a Gazetted Officer who is not part of the raid team."It is obvious that the intent behind the provision is to ensure that the person about to be searched is made aware of the option to be...

S. 197 CrPC | Once Denied, Sanction to Prosecute Public Servant Cannot Be Granted Again On Same Material : Supreme Court

The Supreme Court recently held that once a sanction to prosecute a public servant has been denied, it cannot be granted again unless new material is presented to the competent authority justifying the subsequent sanction.“The subsequent sanction was given based on the same material, therefore, in the absence of any other contra material which weighed in the mind of the sanctioning...

Supreme Court Rejects State's Argument That It Has No Liability To Pay Retiral Benefits To Employee Of Aided Institution Whose Dismissal Was Set Aside

In a recent case, the Supreme Court rejected the Gujarat Government's argument that it has no liability to pay the Retiral Benefits to the employee of an aided educational institution whose dismissal was set aside. The Court ruled that the payment of the pensionary and retiral benefits to the employee of an aided private educational institution rests with the State Government, not the...

In Specific Performance Suit, Separate Relief For Possession Not Required When Transfer Of Possession Is Implicit In Agreement To Sell : Supreme Court

The Supreme Court observed that when possession of the immovable property is transferred implicitly upon execution of the sale deed, a separate suit seeking possession of the immovable property is not required under Section 22 of the Specific Relief Act, 1963 (“SRA”). While holding so, the bench comprising Justice JB Pardiwala and Justice R Mahadevan explained two different...

Subsequent Purchaser Of Imported Vehicle Cannot Be Asked To Pay Customs Duty; Liability On Importer : Supreme Court

The Supreme Court ruled that the 'subsequent purchaser' of an imported motor car cannot be called an 'importer' to attract the liability under the Customs Act, 1962 to pay customs duty on the import of the vehicle. The bench comprising Justice BV Nagarathna and Justice N Kotiswar Singh heard the appeal preferred by the subsequent purchaser of a Porsche Car against the High Court's...

Litigant Seeking To Condone Delay Must Explain Why Appeal Was Not Filed From First Day Within Limitation Period : Supreme Court

The Supreme Court has held that when a litigant applies to condone the delay in the filing of an appeal, then they should also explain why the appeal was not filed within the limitation period itself. In other words, an explanation of the delay from the period when the limitation ended is not sufficient. They have to explain why the appeal was not filed before the expiry of the...

Penalize Govt Officers Who Cause Delay In Filing Of Appeals : Supreme Court Directs All States

The Supreme Court has directed all States to fix liability on government officers who cause delay in the filing of appeals/cases on behalf of the government and thereby cause loss to the public exchequer.The Court observed that in many cases, he filing of appeals are elayed due to the failure to communicate the decisions to the higher authorities in time. Thus, appeals get dismissed by the...

'Pendency Of Criminal Appeals In MP HC Quite High, Early Hearing Unlikely' : Supreme Court Suspends Sentence

Citing the high pendency of criminal appeals in the Madhya Pradesh High Court and the unlikelihood of an early hearing of an appeal filed in 2024, the Supreme Court recently suspended the sentence of a convict who was sentenced to five years imprisonment in a cheating case.The convict, convicted for the offences punishable under Sections 407, 420, 468, 471, 34 of the Indian Penal Code, ...

Suit For Specific Performace Of Agreement To Sell To Be Filed In Court Having Jurisdiction Over Property : Supreme Court

The Supreme Court held that a suit for specific performance of an agreement to sell must be instituted in the Court within whose local jurisdiction the property -which is the subject of the agreement- was situated as per Section 16 of the Code of Civil Procedure, 1908.The Court rejected the argument that a specific performance decree can be enforced by the personal obedience of the defendant...