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Supreme Court Weekly Round-Up

Ashok KM
11 Dec 2016 6:16 PM GMT
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...

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High Court Is Not A Disciplinary Authority

The 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 Misconduct

The 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 Proceedings

The 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 Cr

Setting 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 Judiciary

Expressing 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 Company

The 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 HC

Setting 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 Sentence

The 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 States

The 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, Microsoft

The 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 Driving

Favoring 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 Sought

Supreme 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 Case

Upon 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 Stayed

The 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 feasible to place security guards in all booths.

Uphaar: Notice To Ansal Brothers On AVUT Plea To Enhance The Sentence; Restrained From Going Abroad

Supreme Court on Tuesday issued notice to theatre owners Ansal brothers -Gopal and Sushil- on a review plea filed by the Association of victims of 1997 Uphaar cinema fire tragedy seeking enhancement of their punishment.

National Anthem Order Modified: Exemption Granted To Persons With Disabilities

The Supreme Court on Friday speaking through Justices Dipak Misra and Amitava Roy issued two clarifications in the Interim order dated 30.11.2016 wherein a set of Seven binding directions to be operative from tomorrow were passed.

SC Hears Counsel To Frame Questions In The Demonetisation Case, To Resume Hearing On Dec 14

The Supreme Court bench comprising the Chief Justice of India, T.S.Thakur, and justices A.M.Khanwilkar and D.Y.Chandrachud on Friday heard the counsel representing different petitioners challenging the Centre’s demonetisation of high value currency notes as well as the Attorney General, MukulRohatgi, to frame questions for consideration.

Contempt Case: Justice Katju Moves SC For Early Hearing, Offers Apology

Former Supreme Court judge Justice Markandey Katju moved the apex court seeking an early hearing of the contempt proceedings initiated by the court in relation to his blogs and Facebook posts.

NGO Common Cause Approaches SC on CBI Director’s Appointment

The NGO, Common Cause, approached the Supreme Court for a direction to the government for appointing a regular Director of Central Bureau of Investigation (CBI) forthwith by following the procedure laid down in Section 4A of the Delhi Special Police Establishment Act, 1946, as amended by the Lokpal and Lokayuktas Act, 2013.

This article has been made possible because of financial support from Independent and Public-Spirited Media Foundation.

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