EPF Pension Case : High Courts Assumed Exercise Of Option Wasn't Necessary For Pension Above Upper Limit, EPFO Argues In Supreme Court

The Supreme Court on Tuesday heard the arguments of the Employees Provident Fund Organization in the appeal filed by it challenging the judgments of various High Courts which quashed the Employee's Pension (Amendment) Scheme, 2014.A bench comprising Justices UU Lalit and Ajay Rastogi heard the arguments made by Senior Advocate C Aryama Sundaram on behalf of the EPFO.Sundaram argued that the...

Don't You Think PILs Are Important To Raise The Voice Of People In A Democracy? Supreme Court Asks Solicitor General

"Prashant Bhushan and Dushyant Dave would have many matters where public interest has been served", Justice Rao said.

Process Of Determination Of Motor Accident Compensation Cannot Be By A Continuing Mandamus, It Must Take Place At One Go: Supreme Court

The Supreme Court observed that while determining compensation under the Motor Vehicle Act, a court cannot direct the continued maintenance by Insurance Company of a prosthetic limb for the injured claimant.The process of determination of such compensation cannot be by a continuing mandamus, in a colloquial sense, and the determination must take place at one go, the bench of Justices...

Genuineness Of Property Transaction Cannot Be Doubted Merely Because Thumb Impression Was Affixed Instead Of Signature: Supreme Court

The Supreme Court observed that genuineness of property transaction cannot be doubted merely because thumb impression was affixed instead of signature.The bench of Justices Sanjay Kishan Kaul and Krishna Murari also observed that every person has a unique thumb impression and thus 'forgery of thumb impressions is nearly impossible'.In this case, the Trial Court, in a probate case, found that...

Mere Over-ruling Of Principles By A Subsequent Judgment Will Not Dilute Binding Effect Of Decision On Inter-parties: Supreme Court

Emphasizing the distinction between over-ruling a principle and reversal of the judgment, the Supreme Court observed that mere over-ruling of the principles by a subsequent judgment will not dilute the binding effect of the decision on inter-parties."Mere over-ruling of the principles, on which the earlier judgment was passed, by a subsequent judgment of higher forum will not have the effect...

A 'Tenant ­In ­Sufferance' Not Entitled To Any Protection Of Rent Act Against SARFAESI Proceedings: Supreme Court

The Supreme Court observed that a tenant ­in ­sufferance is not entitled to any protection of the Rent Act against SARFAESI proceedings.A tenant whose term has expired but has not vacated is called a "tenant at sufferance.‟.In the absence of a registered instrument, if the tenant only relies upon an unregistered instrument or an oral agreement accompanied by delivery of possession, the...

We Appreciate Good Work Of ED Director; But Question Is Whether His Tenure Can Be Extended : Supreme Court

While hearing a plea challenging the order which retrospectively amended the tenure of the present Director of Enforcement Directorate, Sanjay Kumar Mishra, the Supreme Court today observed that although it appreciated the good work done by Mishra but asked Solicitor General Tushar Mehta as to whether his tenure could be extended"We appreciate that he's doing a good work, but the...

AIBE-XVI To Be Conducted On October 24; Deadline For Online Registrations Extended Till September 15

The Bar Council of India has decided to hold the All India Bar Examination-XVI (AIBE-16) on October 24, 2021. The Council has also extended the last date of the online registration form to 15th September 2021.The decision has been taken on the request received by the Bar Council Of India from many quarters, including various Bar Councils, Advocates and even from many students whose final...

Criminal Appeal Cannot Be Dismissed Merely For Non-Representation Or Default Of Accused' Advocate, Reiterates Supreme Court

The Supreme Court observed that a court cannot dismiss the appeal filed by an accused merely because of non-representation or default of the advocate for the accused.if the accused does not appear through counsel appointed by him/her, the Court is obliged to proceed with the hearing of the case only after appointing an amicus curiae, the bench of Justices AM Khanwilkar and Sanjiv Khanna...

Extension Of ED Director's Tenure A Mockery Of Supreme Court Directions, Argues Dushyant Dave For Common Cause

Challenging the order dated November 13, 2020, which retrospectively amended the tenure of the present Director of Enforcement Directorate, Sanjay Kumar Mishra, Senior Advocate Dushyant Dave in a plea filed by Common Cause told Supreme Court that power had to be construed in a reasonable and not in an unreasonable manner and that the extension was a mockery of the Top Court's judgement...

Pegasus- "We Don't Want A Single Word Relating To National Security, But There Are Civilians, Person Of Eminence Complaining Of Hacking": Supreme Court To SG

"Here, the issue is very different. There are citizens, who are civilians, some of them are persons of eminence, who are complaining of hacking or interception of their phones. Even though the Rules permit an interception even for civilians, that can be done only by the permission of the competent authority. There is nothing wrong with that. What is the problem if that competent authority filed an affidavit before us? "

Banks' Petitions Challenging RBI's RTI Notices : Cases Referred To Bench Led By Justice Nageswara Rao

A division bench of the Supreme Court on Tuesday referred a batch of writ petitions filed by different banks challenging the RTI notices issued by the Reserve Bank of India to a bench led by Justice L Nageswara Rao.A division bench comprising Justices S Abdul Nazeer and Krishna Murari referred the matters to Justice Rao's bench as that bench had earlier dealt with the previous litigations in...