Retrospective Seniority Cannot Be Claimed From A Date When An Employee Is Not Even Borne In Service: Supreme Court

Retrospective seniority cannot be claimed from a date when an employee is not even borne in service, the Supreme Court observed in a judgment today.The bench of Justices R. Subhash Reddy and Hrishikesh Roy observed that seniority benefit can accrue only after a person joins service and to say that benefits can be earned retrospectively would be erroneous.In this case, the authorities...

Supreme Court Directs Centre To Issue Instructions To Implement Reservation In Promotions For Persons With Disabilities Within 4 Months

The Supreme Court on Tuesday directed the Union of India to issue instructions "at the earliest and not later than four months", in accordance with the proviso to Section 34 of the Right of Persons with Disabilities Act, 2016 for giving reservation in promotions to persons with disabilities.The said proviso reads as "Provided that the reservation in promotion shall be in accordance...

'We Find You Made Out A Case For Issuing Notice' : Supreme Court On West Bengal Govt Challenge To CBI Probe In Post-Poll Violence Cases

Stating that the State of West Bengal has made out a prima faice case in its challenge against the Calcutta High Court direction for CBI investigation in post-poll violence cases relating to murder and rape, the Supreme Court on Tuesday issued notice on its petition."We find you made out a case for issuing notice", observed a bench comprising Justices Vineet Saran and Aniruddha...

'No One Can Claim To Be Exclusive, Above The Law': Calcutta HC Quashes Allotment Of Land To Sourav Ganguly, Imposes Costs On Him & State

The Calcutta High Court on Monday quashed the allotment of a plot by the West Bengal Housing Infrastructure Development Corporation (HIDCO) to former cricketer and current BCCI President Sourav Ganguly for the purpose of establishing an educational institution. A Division Bench of Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee also imposed costs to the tune of Rs 50,000 each...

"Don't Want To Lose Lives": Delhi High Court Issues Notice On Plea Seeking Directions To Ensure Safety & Security Of District Courts

The Delhi High Court on Tuesday issued notice on a plea seeking directions on Delhi Police and Bar Council of Delhi for taking measures to ensure safety and security of Delhi District Courts, in wake of the recent firing incident in Rohini Court.Justice Rekha Palli, who sought status report to be filed in the matter within five days, remarked thus:"This is something urgent. We dont want to...

Supreme Court Dismisses PIL Seeking Covid Vaccination Registration Via Toll-Free Number

"A toll-free helpline also comes with the same problem of cell phones. You can make a call to register only if you have a cell phone", Justice DY Chandrachud observed.

West Bengal Post Poll Violence Case : Supreme Court Hearing LIVE UPDATES

The Supreme Court is hearing the petition filed by the State of West Bengal against the August 19 order of the Calcutta High Court directing CBI investigation into cases of murder, rape and offences against women which happened during the post-poll violence in the state.Senior Advocate Kapil Sibal is appearing for the West Bengal Government before a bench comprising Justices Vineet Saran...

BREAKING: Calcutta HC Directs WB Speaker To Decide Disqualification Petition Against TMC MLA Mukul Roy By October 7 [Read Order]

The Calcutta High Court on Tuesday directed the Speaker of the West Bengal Legislative Assembly to decide on the disqualification petition against TMC MLA Mukul Roy and place on record the order passed by the next date of hearing which is slated to take place on October 7. The direction was issued in the plea moved by BJP MLA Ambika Roy challenging the appointment of Mukul Roy as the Chairman...

BREAKING : Calcutta High Court Refuses To Interfere With Bhabanipur Bypolls Date; Admonishes Chief Secretary For Writing To ECI To Expedite Elections [Read Order]

The Calcutta High Court on Tuesday dismissed a challenge made to the decision of the Election Commission of India (ECI) to prioritize the bye-elections of Bhabanipur Assembly Constituency from where the Chief Minister of West Bengal Mamata Banerjee is set to contest on September 30.A Bench comprising Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj however passed...

Whose Burden To Prove That Employee Was Not Gainfully Employed After Dismissal?Conflicting Decisions Need Settlement

Whether an employee was gainfully employed elsewhere after dismissal from a workplace is a relevant fact to determine the right of such employee to seek reinstatement and back-wages under the Industrial Disputes Act for wrongful termination of services.Whose burden is it to prove that the employee/workman was not gainfully employed after retrenchment? Whether the employer or the employee?There are conflicting judgments on this point.There are several Supreme Court judgments which hold that...

Office Bearers Of Bar Association Are To Be Elected By Advocates Regularly Practicing In That Court; Outsiders Cannot Be Permitted To Take Part : Supreme Court

The Supreme Court has observed that office-bearers of the Bar Association arre to be elected by genuine voters and advocates genuinely/regularly practising in the High Court/Court concerned. Outsiders not regularly practicing in that court cannot be permitted to hijack the system by permitting them to take part in the election process of electing members of the Bar Association, the...

Police Officers Who Extract Money Using Proximity With Govt Have To Go To Jail : Supreme Court

The Supreme Court on Monday made scathing oral remarks on 'new trend' in the country where police officers extract money when they are on good terms with the government, and seek protection when they face criminal cases after change in government."When you're good with government, you may extract, then you've to pay back with interest. This is too much, why should we grant protection to...