If Appointment Is Illegal, Candidate Cannot Claim Equitable Relief Under Article 142 : Supreme Court

The Supreme Court observed in a recent judgment that if the initial appointment is illegal, then the candidate cannot claim equitable relief to secure the post invoking the special powers under Article 142 of the Constitution.If a candidate gained entry through a process which was not legal and valid, then the Court cannot come to his rescue in the exercise of powers under Article 142.A...

'Tapentadol Hydrochloride Not Scheduled Psychotropic Substance' : Supreme Court Grants Anticipatory Bail In NDPS Case

The Supreme Court recently granted anticipatory bail to the accused who was accused of possessing a Tapentadol Hydrochloride tablet (a pain reliever used to treat moderate to severe acute pain). Since Tapentadol Hydrochloride is not included in the Schedule of the NDPS Act, the Court said that it is not a psychotropic substance. The bench comprising Justices Dipankar Datta and Manmohan...

Payment Of Bonus Act | Workers Can't Be Denied Bonus Saying Factories Are Run By Charitable Trust : Supreme Court

The Supreme Court held that an entity running factories cannot deny bonus to workers on the ground that the factories are being run by a charitable trust.Observing that entitlement to bonus is a statutory right under the Payment of Bonus Act, 1965 (“Bonus Act”), the Supreme Court dismissed the plea of the factory management who resisted payment of bonus to its workmen citing its dependence...

Supreme Court Refuses To Limit Firecracker Ban In Delhi-NCR To 3-4 Months; No Exemption For Green Crackers

The Supreme Court on Thursday (April 3) passed an order imposing a year-long ban on the use, manufacture, sale and storage of firecrackers in the Delhi-National Capital Region.The Court observed that imposing such a ban only for a period of 3-4 months every year is not effective given the worsening air quality of the national capital. Due to the extraordinary situation prevailing in...

Electricity Act, 2003 | State Commissions Retain Oversight Over Inter-State Power Supply Affecting Grids Within State : Supreme Court

In a key development under the Electricity Act, 2003 (Act of 2003), the Supreme Court observed that the State Electricity Regulatory Commission (“SERC”) can regulate open access even for inter-state power supply if it affects their grid. The Court ruled that while the Central Electricity Regulatory Commission (CERC) holds jurisdiction over inter-state electricity transmission, this does...

S. 138 NI Act | Complainant Has No Onus To Prove Financial Capacity At The Threshold : Supreme Court

The Supreme Court reaffirmed that once the drawer admits to signing the cheque, the presumption under Section 139 of the Negotiable Instruments Act, 1881 (“NI Act”) cannot be rebutted merely by questioning the complainant's debt-giving capacity, especially when such a defence was not raised in the reply notice by the accused.“The onus is not on the complainant at the threshold to prove...

'Entire Selection Process Tainted' : Supreme Court Upholds Quashing Of 25K Staff Appointments By West Bengal SSC In 2016

The Court observed that there was widespread fraud and manipulation in the process.

Party Interested In Property Deemed To Know About Sale Deed From Registration Date : Supreme Court Rejects Partition Suit Filed After 45 Yrs

Noting that the limitation period begins from the date of registration of the sale deed, which constitutes constructive notice, the Supreme Court on Thursday (April 2) overturned the High Court's decision upholding a decree in a partition suit filed 45 years after the sale deed was registered. Citing Suraj Lamp Industries Pvt. Ltd. v. State of Haryana & Anr. (2012) 1 SCC 656, the Court...

No Universal Rule That Candidate With Qualification Higher Than Basic Eligibility For Post Must Be Preferred: Supreme Court

Though over-qualification by itself is not a disqualification, there is no general rule that candidates with qualifications higher than the basic qualification required for a post must be preferred, observed the Supreme Court in a judgment delivered today.The Court observed that there is no straight-jacket rule that candidates with higher qualifications must be selected over those with...

'Can't Mandate Public Libraries In Villages When They Lack Basic Amenities': Supreme Court Urges States to Explore Solutions

Libraries can take a back seat when pressing issues like food, sanitation and water need urgent attention, the Court said.

'Police Can't Exceed Limits' : Supreme Court Sends Its Judgments On Arrest Guidelines To DGPs Of All States/UTs, Warns Of Strict Action

The Court cautioned the police against violating the rights of persons in custody and warned that errant officials would face strict action.

Quasi-Judicial Bodies Bound By Principles Of Res Judicata : Supreme Court Reiterates

Observing that the quasi-judicial bodies are also bound by the principles of res-judicata to prevent re-litigation on the same issue, the Supreme Court set aside the Rajasthan High Court's order which had upheld the second order passed by the quasi-judicial body despite the first order passed by the quasi-judicial body was not followed and remained unchallenged. The bench comprising...