Supreme Court Weekly Round-Up

VRS: It is not open for the Employees to withdraw the Application after the stipulated last dateThe Supreme Court in Madhya Pradesh State Road Transportation Corporation vs. Manoj Kumar & Anr. Held that Voluntary Retirement Schemes (VRS) are contractual in nature and the option to opt for them constituted as an ‘invitation to offer’ and not an ‘offer’ themselves. The Bench of Justices AK Sikri and RK Agrawal also held that it is not open to the applicants to withdraw their applications after the stipulated last dateContract of Insurance to be construed strictlyThe Supreme Court in M/s. INDUSTRIAL PROMOTION & INVESTMENT CORPORATION OF ORISSA LTD. VS. NEW INDIA ASSURANCE COMPANY LTD. & ANR. reiterated that Contract of Insurance should be construed strictly and it is only when there is any ambiguity or doubt the clause in the Policy, it should be interpreted in favour of the insured.Partial deposit before DRAT under Section 18 of SARFAESI Act refundableReiterating the dictum laid down in in Axis bank vs. SBS Organics Private Limited, the Supreme Court in KUMAR ALUMINIUM LTD. VS. ASSET RECONSTRUCTION COMPANY INDIA set aside a Delhi High Court Judgment which had refused to interfere with DRAT order which turned down the prayer for refund of the amount deposited in compliance of the requirement of the second proviso to section 18(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, for maintaining an appeal.Phrase ‘contract to the contrary’ does not mean that the parties are free to contract out of the express provisions of the lawThe Apex Court in M/S PARK STREET PROPERTIES (PVT) LTD. VS. DIPAK KUMAR SINGH & ANR held that the phrase ‘contract to the contrary’ in Section 106 of the Transfer of Property Act means a ‘valid contract’ and it cannot be read to mean that the parties are free to contract out of the express provisions of the law, thereby defeating its very intent.Deputy Director of Income Tax is not competent to file complaint of the contempt of lawful authority of IT OfficersComplaint filed by the Deputy Director of Income Tax fails for procedural snag. The Supreme Court held that the Deputy Director of Income Tax (Investigation) has no competency to file a complaint against the contempt of the lawful authority of Income Tax Officers, resulting in quashing the complaint. The Court was dealing with the multifarious questions related to the competency of the Deputy Director of Income Tax (Investigation) to file a complaint of the aforementioned nature, territorial jurisdiction of the Court to entertain a complaint etc.Land acquisition for Tata’s car plant in WB scraped; slammed procedure adoptedThe Supreme Court on Wednesday quashed the acquisition of 1000 acres of land in Singur by West Bengal’s Left Front government in 2006 for Tata’s Nano project concluding that it was “illegal” and proceeded ahead in “violation of law”.Power of JLO is limited in re-appreciating the Evidence recorded by Enquiry Officer in Disciplinary ActionThe Joint Labour Commissioner, who sits in deciding the Approval Petition submitted by the employer on the action of dismissal from service of the employee, cannot exceed his jurisdiction in re-appreciating the evidence against the employee recorded by the Enquiry Officer, the Supreme Court said. The Court pronounced the judgement in an appeal preferred by the Management of TNSTC (Coimbatore) Ltd against one of its drivers, who was ordered to be dismissed by the orders of the Disciplinary Authority based on the findings of the Enquiry Officer that the incumbent was rash and negligent while driving the bus owned by the appellant, whereby severe casualties and damage of vehicles occurred.Accepting His Apology, Advocate Yatin Oza Exonerated From Contempt ProceedingsAccepting the ‘unconditional apology’ tendered by Gujarat High Court Bar Association President Yatin Narendra Oza, the Supreme Court exonerated him from contempt proceedings initiated by the Gujarat High Court.Jalgaon Housing Scam: SC grants Bail to ex-minister Suresh JainIn a reprieve for jailed former Maharashtra minister Suresh Jain, the Supreme Court on Friday granted him bail in the multi-crore Jalgaon housing scheme scam case.Release plea of longest serving prisoner of Kashmir convicted under TADA rejectedKashmir valley’s longest serving prisoner would continue to be in Prison as Supreme Court rejected his Writ petition seeking releaseNotice to banks on Mallya plea for recall of contempt noticeThe Supreme Court on Monday directed the consortium of 17 banks led by the State Bank of India which have initiated loan recovery proceedings against liquor baron Vijay Mallya, to respond to his plea seeking the recall of the notice of contempt for allegedly not making full disclosure of all the assets owned by him and his family as directed by the top court earlier.Disclose source of money raised: SC to RoyIn the strongest ever attack on Sahara group and its chief...

Supreme Court Weekly Round-Up

Ashok KM

Tags