Supreme court
Odisha Pension Rules | Job Contractors Not Entitled To Pension For Pre-Regularisation Period Unlike Work-Charged Employees : Supreme Court
The Supreme Court has held that 'work-charged employees' are distinct from 'job contractors' when it comes to pensionary entitlements under the Odisha Pension Rules 1992.Explaining the distinction between the work-charged employee and employees working on a job contract, the Court observed:"There is a clear distinction between the employees who are in work-charged establishment vis¬à¬vis...
Foreigners Tribunal Cannot Sit In Appeal Over Its Own Judgment & Reopen Concluded Issue Of Citizenship: Supreme Court
The Supreme Court recently held that a Foreigners Tribunal has no power to reopen a case by sitting in appeal over its own concluded judgment.The Court set aside an order of the Foreigners Tribunal which reopened an inquiry into the citizenship of a person, despite its earlier judgment which held the person to be. an Indian citizen.As per brief facts, the Foreigners Tribunal passed an order...
Courts Should Avoid Interference When Appointing Authority Has Accepted Equivalence Of Qualifications: Supreme Court
The Supreme Court yesterday (on February 21), observed that, while recruiting, if the appointing authority has not objected to the candidate's qualifications and there is no glaring difference between the specified qualification and the candidate's qualification, the Court's interference by setting aside the appointment is unwarranted. It is the appointing authority which has to...
Know The Law | Distinction Between 'Equitable Mortgage' And 'Legal Mortgage' : Supreme Court Explains
The Supreme Court recently explained the distinction between a legal mortgage and an equitable mortgage. The Court explained that a legal mortgage (in this case, mortgage by deposit of title deeds) is created when property rights are transferred to the mortgagee (lender), granting the mortgagee an enforceable right over the property in case of default. In contrast, an equitable mortgage...
Supreme Court Quashes Culpable Homicide Charge Against Doctor For Patient's Death After Nurse's Injection Over Phone Instruction, Directs Trial For Negligence
The Supreme Court recently quashed the charge of culpable homicide (Section 304, Part 1 of the Indian Penal Code) against a doctor who gave telephonic instruction to a nurse to administer an injection, which led to a patient's death due to an adverse reaction.A bench comprising Justices Vikram Nath and Sandeep Mehta but directed the trial court to proceed with the case under Section...
Kerala Paddy Land Act | No Exemption From Conversion Fee If Land Exceeds 25 Cents : Supreme Court
The Supreme Court held that exemption from conversion fee as per Section 27A of the Kerala Conservation of Paddy Land & Wetlands Act, 2008 will not apply to properties exceeding 25 cents.The Court set aside the judgment of the Kerala High Court which held that the conversion fee for a land, which has an extent of more than 25 cents, should be computed after reducing 25 cents.A...
Supreme Court Disapproves Of High Court Interdicting Insolvency Process Against Personal Guarantor At Threshold Stage In Writ Jurisdiction
The Supreme Court while deciding an appeal pertaining to insolvency proceedings initiated against a personal guarantor, observed that the High Court should not have prohibited such proceedings by holding that the guarantor's liability has been waived. “It is well-settled that when statutory tribunals are constituted to adjudicate and determine certain questions of law and fact, the High...
'Mediation Cannot Be Forced Without Consent Of Both Parties' : Supreme Court Sets Aside Calcutta HC's Mediation Reference In Contempt Matter
The Supreme Court recently expressed surprise at the Calcutta High Court 'directing' parties to mediation without the consent of both the parties, that too in a contempt proceeding. It emphasized that mediation is only permissible when both parties consent to resolving the dispute through that process. The bench comprising Justices BR Gavai and AG Masih was hearing a petition arising out of...
Supreme Court Directs Registry To Consider SCAORA's Suggestion For Regular Open Houses To Address Case Filing Issues
The Supreme Court today (February 20) directed the Registry to take action on the Supreme Court Advocates'-On-Record Association's (SCAORA) suggestion to hold regular Open House sessions to discuss process adopted by the Registry regarding verifying newly filed cases.A bench of Justice Abhay S Oka and Justice Augustine George Masih made these observations in a judgment establishing guidelines...