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Supreme Court Weekly Round-Up

Ashok KM
4 Sep 2016 3:14 PM GMT
Supreme Court Weekly Round-Up
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VRS: It is not open for the Employees to withdraw the Application after the stipulated last date

The 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 date

Contract of Insurance to be construed strictly

The 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 refundable

Reiterating 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 law

The 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 Officers

Complaint 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 adopted

The 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 Action

The 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 Proceedings

Accepting 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 Jain

In 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 rejected

Kashmir valley’s longest serving prisoner would continue to be in Prison as Supreme Court rejected his Writ petition seeking release

Notice to banks on Mallya plea for recall of contempt notice

The 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 Roy

In the strongest ever attack on Sahara group and its chief Subrata Roy, the Supreme Court asked it to reveal from where it had raised Rs 25,000 crore and paid its investors in cash.

Asaram be brought to AIIMS for checkup by Air

Supreme Court on Monday directed the Rajasthan government to bring self-styed godman Asaram Bapu facing rape charges to AIIMS by air from jodhpur jail for medical check ups as he claimed to be suffering from several chronic ailments.

Kejriwal Vs LG suit:

AAP govt accused of attempting “parallel proceedings”

The Apex Court on Monday accused the Delhi’s Kejriwal government of attempting to initiate parallel proceedings on the issue of its ongoing tussle with the Lt Governor over sharing of powers by making the apex court hear two petitions on the same issue.

AAP govt withdraws suit in SC for demarcating powers

Three days after the Supreme Court accused the Delhi’s Kejriwal government of attempting to initiate parallel proceedings on the issue of its ongoing tussle with the Lt Governor over sharing of powers, the AAP government on Friday withdrew the suit on the subject

Bulandshahr Rape: Azam Khan’s Statement to be examined, Nariman appointed as Amicus, Probe stayed

Supreme Court on Monday prima-facie expressed disapproval of the alleged comments made by Uttar Pradesh minister and Samajwadi Party leader Azam Khan that the Bulandshahr gang rape incident in which a minor girl and her mother were victims was a “political conspiracy” to malign his party-led government in the state.

Challenge against Maharashtra LAW CET: notice issued to State and BCI

A Division bench comprising Justices Madan B Lokur and RK Agrawal on Monday issued notices to the Maharashtra Government and the Bar Council of India in a Special Leave Petition filed against the Bombay High Court judgment dismissing the writ petitions challenging the introduction of CET for undergraduate courses in law.

Dance bar: notice to Maharashtra Govt on new conditions

The Supreme Court on Tuesday sought the response of the Maharashtra government on a fresh plea filed by dance bar owners protesting certain new conditions imposed by it.

Notice issued on petitions challenging beef, cow slaughter ban; hearing after 6 weeks

The Supreme Court on Friday issued notice to Maharashtra government and Centre on a petition against the May 6 order of the Bombay High Court which upheld the ban on cow slaughter in the state under the amended Maharashtra Animals Preservation (Amendment) Act, 2015.

SC to hear PIL to debar convicted persons uniformly from Legislature, Executive & Judiciary

A petition was filed in the Supreme Court of India on Thursday, demanding that convicted persons be debarred uniformly from Legislature, Executive and Judiciary.

Resident moves SC against judges ordering security to themselves

A resident of Meghalaya has moved Supreme Court challenging the order of Meghalaya High Court ordering security to its own serving and retired Judges.

Rahul Gandhi to face Trial

Congress Vice President Rahul Gandhi will have to stand trial for the criminal defamation case filed by a Maharashtra-based RSS activist for allegedly blaming the organisation for the assasination of Mahatma Gandhi.

Personal laws cannot be challenged: AIMPLB to SC

All India Muslim Personal Law Board (AIMPLB) in an affidavit filed in the Supreme Court has stated that Personal laws of a community cannot be re-written in the name of social reforms.

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