Against Wrongful Dismissal, Lumpsum Compensation Could Be Better Remedy Than Reinstatement With Backwages In Certain Cases : Supreme Court

The Supreme Court observed that a grant of lumpsum compensation could be the more appropriate remedy in cases of wrongful dismissal of an employee instead of reinstatement with back wages in certain cases. While directing such compensation, the courts are required to justify their approach, keeping in mind the interests of the employee and the employer. Placing reliance on several...

If Accused Is To Get Final Verdict After 6-7 Years In Jail As Undertrial, It Means Right To Speedy Trial Is Violated : Supreme Court

"Howsoever serious a crime may be, the accused has a fundamental right of speedy trial as enshrined in Article 21 of the Constitution," expressed the Supreme Court while granting bail to an accused charged under the UAPA who has been under custody for over five years.A bench of Justices JB Pardiwala and R Mahadevan granted bail to the accused who was arrested by the Chhattisgarh Police on...

26 Principles Relating To Compassionate Appointment : Supreme Court Explains

In a recent judgment, the Supreme Court (bench of Justice Dipankar Datta and Justice PK Mishra) summarised the principles relating to compassionate appointment.a) Appointment on compassionate ground, which is offered on humanitarian grounds, is an exception to the rule of equality in the matter of public employment [see General Manager, State Bank of India v Anju Jain (2008) 8 SCC...

Marks Of Other Candidates In Public Examination Can Be Disclosed Under RTI In Public Interest: Supreme Court

The Supreme Court recently upheld an order of the Bombay High Court, wherein it was observed that a request to disclose the marks obtained by other candidates in a public examination under the Right to Information Act, 2005, in the public interest, cannot be declined. By an order dated November 11, 2024, passed in a writ petition, the High Court allowed Respondent's plea seeking disclosure...

Supreme Court Annual Digest 2024 | Transfer of Property Act, 1882

Section 54 - Ownership of an immovable property does not get transferred until the sale deed is registered. Mere transfer of possession and payment of consideration will not transfer ownership, unless the sale deed is registered. Sanjay Sharma v. Kotak Mahindra Bank Ltd; 2024 LiveLaw (SC) 1054Section 54 - In the case concerning the auction sale of a property conducted under the SARFAESI Act,...

Filing Of Fresh Bail Application After Rejection Of Earlier Bail Plea Or Cancellation Of Bail Is A Matter Of Right : Supreme Court

The Supreme Court has observed that a High Court cannot dismiss a bail application solely on the ground that the Apex Court had not permitted the filing of a fresh application.The Court reiterated that the filing of a fresh bail application, after the dismissal of an earlier bail application or the cancellation of the bail granted, was a right."Filing of a fresh bail application, once an...

'High Fees, Without Substantial Relief' : Supreme Court Says Exorbitant Litigation Cost Must Not Hinder Access To Justice

In a recent order, the Supreme Court raised concerns about the rising cost of litigation, which prevented persons without adequate financial means from accessing justice.Saying that the legal profession, once regarded as a service-oriented profession, has now fallen prey to "rapid commercialization and competition", the Court voiced its concerns that justice is becoming unaffordable for...

Principle Of 'Functus Officio' Does Not Apply To Executive Rule-Making Authority : Supreme Court

The Supreme Court on February 12 observed that the principle of functus officio does not apply to a rule making authority and applies to a judicial forum or a quasi-judicial authority. It cannot be disputed that the rule-making power of the legislature cannot be curtailed or nullified by application of the concept of functus officio, the Court said. “The principle of functus...

Supreme Court Upholds Govt's Power To Withdraw Promise Of Rebate In Larger Public Interest

While upholding the Goa Government's order to recover the previously granted electricity tariff rebates from several industrial companies, the Supreme Court today (February 14) reaffirmed the government's power to withdraw or modify economic incentives in the interest of public finances. The Court held that the doctrine of promissory estoppel cannot be rigidly enforced in situations where...

Supreme Court Weekly Round-up: February 03, 2025 To February 09, 2025

Nominal IndexCitationsRimpa Saha v. District Primary School Council Malda 2025 LiveLaw (SC) 143Lok Prahari through its General Secretary v. Union of India 2025 LiveLaw (SC) 144Rajeev Suri v. Archaeological Survey of India & Ors., Special Leave to Appeal (C) No.12213/2019 2025 LiveLaw (SC) 145State of Madhya Pradesh v. Dileep 2025 LiveLaw (SC) 146 Bhupinder Singh v. Unitech Ltd., Civil...

Bombay Stamp Act | Agreement To Sell Attracts Stamp Duty If Possession Is Granted : Supreme Court

The Supreme Court today (February 14) observed that an agreement to sell specifying delivery of the possession of the property would be deemed as 'conveyance' and would be subject to the stamp duty as per the Bombay Stamp Act.Emphasizing that stamp duty is levied on the instrument (agreement) and not the transaction, the Court held that even an agreement to sell could attract stamp duty if...

Interest May Be Denied To Party Who Abused Judicial Process : Supreme Court

While interest is usually granted as per Section 34 of the Civil Procedure Code in commercial disputes to account for the time value of money, the Supreme Court clarified that it may be denied in cases where a party's conduct breaches contractual obligations and undermines judicial authority. A bench of Justices Surya Kant and Ujjal Bhuyan denied interest on the refund of the forfeited...