Employee Cannot Insist On Transfer To A Particular Place; It's For Employer To Decide: Supreme Court

The Supreme Court on September 6, 2021 observed that it was not for the employee to insist the transfer or non-transfer to a particular place but it was for the employer to do the same considering the requirement. The observations were made by the division bench of Justices MR Shah and Aniruddha Bose while dismissing the special leave petition assailing Allahabad High Court's order...

Supreme Court Of India Has Truly Become A National Court Because Of Virtual Hearings: Justice DY Chandrachud

"I do believe that the Supreme Court of India has truly become a national court in terms of the lawyers who appeared before us. Because day in and day out, we find lawyers from across the country, shedding their inhibitions of having to appear before the highest court and coming to us fully prepared and putting forth a client's viewpoint with a great sense of objectivity. I think we have...

Writ Court Cannot Adjudicate Factual Disputes Arising Out Of Pure Contractual Matters Having No Statutory Flavour: Supreme Court

The Supreme Court observed that writ court cannot adjudicate factual disputes arising out of pure contractual matters in the field of private law having no statutory flavour.In this case, the bid of the writ petitioner was accepted for construction and improvement of road between Lumla and Tashigong under Special Accelerated Rural Development Programme (SARDP). The bills submitted by...

Compassionate Appointment - Policy Prevailing At The Time When Employee Died/Application Was Made Is Only To Be Considered : Supreme Court

The Supreme Court on September 6, 2021 while upholding Bombay High Court's order of rejecting compassionate appointment, observed that it can be made only as per the Government's policy, and only in case where eligibility criteria under the Scheme has been satisfied. Dismissing the special leave petition, the bench of Justices MR Shah and Aniruddha Bose also observed that, "It also...

Typical Case Of 'You Show Me Face, I Will Show The Rule': Supreme Court Pulls Up Chandigarh Estate Officers For Harassing Residents

A typical case of 'you show me face, I will show the Rule', the Supreme Court remarked while it pulled up Estate Officers of Chandigarh for 'arbitrary and discriminatory' actions.The bench of Justices Hemant Gupta and AS Bopanna also directed the Chandigarh Administration to constitute a Committee to review and streamline the processes of sanction of mutation, grant of occupancy...

CJI Stresses Need For National Judicial Infrastructure Corporation To Strengthen Judicial Infrastructure

Chief Justice of India NV Ramana on Saturday mentioned that a comprehensive proposal for the establishment of the National Judicial Infrastructure Corporation (NJIC) is under preparation in order to strengthen judicial infrastructure and improve access to justice by catering to the ever-rising number of cases and litigants and their changing needs."I am championing the National...

Pendency Of Criminal Cases In Allahabad High Court Very Worrying: CJI NV Ramana

Chief Justice of India NV Ramana on Saturday expressed concern over the long pendency of criminal cases in the Allahabad High Court and requested the Allahabad High Court and the Bar to work on resolving the issue. "I do not want to point any fingers or lay any blame regarding the pendency in the Allahabad High Court relating to criminal cases, which is very worrying. I request the Allahabad...

Centre Will Introduce New Law On Mediation In Upcoming Winter Session Of Parliament: Law Minister Kiren Rijiju

The Central government is all set to introduce a new legislation on mediation in the upcoming winter session of the Parliament, Union Law Minsiter Kiren Rijiju mentioned on Saturday. The Law Minister was speaking at the foundation stone laying ceremony of the new National Law University proposed to be established at Prayagraj, Uttar Pradesh. The event was also attended by Chief Justice of...

Consumer Complaints Alleging Deficiency In Service Related To Transfer Of Title Of Immovable Property Not Maintainable: Supreme Court

The Supreme Court observed that consumer complaints on the ground of deficiency in service related to transfer of title of the immovable property is not maintainable.The expression 'service' includes housing construction and not allotment of a site or a plot, the bench of Justices Hemant Gupta and A.S.Bopanna observed.In this case, the complainant before District Consumer Forum sought...

Supreme Court Enters Into Areas Which Are Prohibited: Attorney General KK Venugopal [VIDEO]

Attorney General for India KK Venugopal in his address in a webinar organized in memory of Former Kerala Advocate General M.K Damodaran said that after a period of 1967, there was a confrontation between Judiciary and Parliament but today the judiciary is strong and is not concerned with what the government thought or felt."After 1967, there was a period of confrontation between the...

PC Act Is A Code By Itself- Bank Account Of A Person Accused of Prevention of Corruption Act Cannot Be Attached U/S 102 CrPC: Supreme Court

The Supreme Court observed that bank account of a person accused under Prevention of Corruption Act cannot be attached invoking Section 102 of Code of Criminal Procedure."It is not possible to sustain the freezing of the bank account of the appellant taking recourse to Section 102 Cr.P.C. as the Prevention of Corruption Act is a Code by itself", the bench of Justices Sanjay Kishan Kaul and...

Writ Petition Can Be Entertained Only In Exceptional Circumstances When Alternate Remedy Is Available: Supreme Court

The Supreme Court observed that, when an alternate remedy is available, a writ petition under Article 226 of the Constitution can be entertained by a High Court only in following exceptional circumstances:(i) a breach of fundamental rights; (ii) a violation of the principles of natural justice; (iii) an excess of jurisdiction; or (iv) a challenge to the vires of the statute or...