Supreme court
S. 34(3) Arbitration Act | Application Filed On Next Working Day After 90 Day Period Is Within Limitation : Supreme Court
The Supreme Court held that the three-month limitation period under Section 34(3) of the Arbitration & Conciliation Act, 1996 (“Arbitration Act”) for challenging an arbitral award should not be rigidly interpreted as exactly 90 days, rather it should be interpreted as three calendar months. The Court upheld the filing of an application under Section 34 of the Arbitration Act...
Supreme Court Rejects UCO Bank's Plea That Employee Dismissed For Misconduct Wasn't Entitled To Pension Despite 10 Yrs Service
The Supreme Court rejected UCO Bank's plea that a bank employee who has completed over ten years of service was not entitled to superannuation benefits when he was dismissed on grounds of misconduct. The bench comprising Justices Abhay S. Oka and Ujjal Bhuyan upheld the Punjab & Haryana High Court's decision directing the Appellant-UCO Bank to grant pensionary benefits to...
Yasin Malik Can't Be Physically Produced In Jammu Court : Supreme Court Allows Him To Examine Witnesses Via VC From Tihar Jail
The Supreme Court on Friday (April 4) ruled against the physical production of Kashmiri separatist Yasin Malik before a Jammu Court for the trial of the cases related to the assassination of four Indian Air Force officials and the kidnapping of Rubayya Sayid in 1989. Instead, the Court directed that Malik(who has chosen not to engage an advocate to represent him) be allowed to cross-examine...
Land Acquisition Act | Supreme Court Explains Principle Of De-Escalation, Says Highest Of Sale Exemplars Must Be Taken
The Supreme Court on Thursday (April 3) reaffirmed that the highest bona fide sale exemplar must be considered when determining land acquisition compensation to ensure a fair market value for the acquired land. Holding so, the bench comprising Justices BR Gavai and KV Viswanathan allowed the landowner's plea seeking enhancement of compensation fixed by the High Court and enhanced...
When Can Entire Selection Process Be Set Aside For Irregularities? Supreme Court Lays Down 4 Key Principles
The Supreme Court today (April 3), while upholding the quashing of nearly 25000 teaching and non-teaching staff appointments made by the West Bengal School Selection Commission (SSC) in 2016, laid down key principles to be considered by the Court when dealing with challenges to appointments in government employment. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar observed 4...
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...