Supreme Court Weekly Round-Up

High Court Is Not A Disciplinary AuthorityThe Supreme Court in Chief Executive Officer, Krishna District Cooperative Central Bank Ltd. and Another vs. K. Hanumantha Rao and Another, set aside an impugned judgment of a division bench of the Andhra Pradesh High Court holding that decision qua the nature and quantum is the prerogative of the disciplinary authority and it is not the function of the high court to decide the same.Gratuity Can Be Denied Only When There Is Termination On Account Of MisconductThe Supreme Court in Jorsingh Govind Vanjari Vs. Divisional Controller Maharashtra, State Road Transport Corporation, held that in order to deny gratuity to an employee, it is not enough that the alleged misconduct of the employee constitutes an offence involving moral turpitude as per the report of the domestic inquiry, but there must be termination on account of the alleged misconduct, which constitutes an offence involving moral turpitude.Employee Of ‘Tenant’ Partnership Firm Not Necessary Party In Rent ProceedingsThe Supreme Court in Nandkishor SavalaramMalu vs. Hanumanmal G. Biyani, held that when a partnership firm is the tenant, then an employee of the firm is not a necessary party to the eviction proceedings initiated by the landlord.Reliance Owned Sasan Power Disallowed From Recovering Rs.1,050 CrSetting aside an order of the Appellate Tribunal for Electricity (APTEL), the Supreme Court ruled that Sasan Power Ltd, a power generation unit wholly owned by Reliance Power Limited, was disallowed from recovering Rs.1050 crore from 15 power distribution companies.Bulandshahr Rape: Azam’s Apology Rejected Saying It Is Not “Unconditional” The Supreme Court on Wednesday declined to accept Uttar Pradesh minister and Samajwadi Party leader Azam Khan’s apology for calling the Bulandshahr gang rape a “political conspiracy” noting that it was “not unconditional” as was demanded by the bench in the last hearing.State Has Non-Negotiable Obligation To Create Adequate Staff And Infrastructure To JudiciaryExpressing its concern about the state government ‘neglecting’ the requirements of judiciary, the Supreme Court bench headed by Chief Justice of India TS Thakur observed that it is the non-negotiable obligation on the state government to create an adequate number of posts and to provide sufficient infrastructure to the judiciary.IPC Doesn’t Provide For Vicarious Liability For Offence By A CompanyThe Supreme Court recently held that the Indian Penal Code, 1860, does not provide for vicarious liability for any offence alleged to be committed by a company.Focus On Adjudication, Not On Policy-Making: SC Tells Allahabad HCSetting aside an interim order passed by the Allahabad High Court in a writ petition wherein it had issued certain ‘sweeping’ directions regarding police investigation, a Supreme Court bench headed by Justice Dipak Misra ‘reminded’ the High Court not to enter into the domain of Executive and Legislature.Benefit Of Probation Can Be Given For Offences Having Discretionary Minimum SentenceThe Supreme Court on Friday held that the benefit of the Probation Of Offenders Act 1961, can be extended to offences for which the legislation prescribes a minimum sentence, but grants discretion and the courts, for reasons to be recorded in writing, may award a lower sentence or not award a sentence of imprisonment.Cauvery: SC Rules It Has Jurisdiction To Hear Appeals Filed By StatesThe Supreme Court on Friday ruled that it had the jurisdiction to hear appeals filed by Karnataka, Tamil Nadu and Kerala against the 2007 award of the Cauvery Water Dispute Tribunal (CWDT) and said it will resume hearing on December 15.Gang Rape Videos : Notice To Face Book, Google, Yahoo, MicrosoftThe Supreme Court on Monday issued notice to internet majors Facebook,Google, Microsoft and Yahoo seeking their view on blocking explicit sexual clips including gang rape videos.People Like It Or Not, Harsher Punishment Must For Rash & Negligent DrivingFavoring harsher punishment for rash and negligent driving which now attracts only a maximum of two years in jail even if it caused death, the Supreme Court on Tuesday said people should “fear the law whether they like it or not.Appointment Of Interim CBI Director: Govt’s Reply SoughtSupreme Court of India sought the reply from the Union Government on a petition filed by NGO ‘Common Cause’ challenging the appointment of Rakesh Asthana as the interim director of CBI.De-Novo Trial Ordered On Decade-Long Sexual Abuse CaseUpon a plea by a rape victim who alleged decade-long sexual harassment by her uncles, the Supreme Court ordered de-novo trial in a Delhi court.Gauhati HC Direction To Place Security Guards 24X7 At All ATMs StayedThe Supreme Court stayed the Gauhati High Court direction to banks to place security guards round the clock at all ATMs. The ad-interim stay is on the Special Leave Petition filed by the State Bank of India against the high court order, wherein it contended that it was not...

Supreme Court Weekly Round-Up

Ashok KM

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