SC slams AP Govt for unnecessarily pursuing a “petty matter” before it [Read Judgment]

It was, in our view, a sheer abuse of process on the part of the State to pursue a matter in filing a misconceived appeal against an interim order, which we do not approve. It is unfortunate that a genuine claim of the respondents was not satisfied by the State for such a long time, the Bench said.The Supreme Court, has criticised the Andhra Pradesh Government for unnecessarily pursuing a...

Supreme Court Weekly Round-Up

Taking Cognizance without sanction after asking CBI to file sanction Order does not amount to ReviewThe Supreme Court observed that, an order of a Court refusing to summon the accused for want of sanction, and thereby directing the prosecution to file sanction orders, does not amount to ‘final order’, but only a ‘deferment’. The Apex court bench also observed that, in such a case, if...

Centre notifies Anti-Hijacking Act, 2016, equates life imprisonment to imprisonment for the remainder of accused’s natural life

The Central Government, through the Ministry of Law and Justice (Legislative Department), on 16 May, notified the Anti-Hijacking Act, 2016, which received the assent of the President on 13 May. The comes into effect from the date of its notification in the Official Gazette, that is, 16 May.The Act gives effect to the Convention for the Suppression of Unlawful Seizure of Aircraft and for...

SC refuses to give relief to CPCB Chairman from Warrant for his non-appearance before SC in Godhra Silicosis case [Read Order]

Faced with a bailable warrant for his non-appearance before the Supreme Court bench comprising Justices Kurian Joseph and Rohinton Fali Nariman in the Godhra silicosis-relief case on May 11,  the Central Pollution Control Board Chairman, Arun Kumar Mehta, moved the Supreme Court's Vacation bench yesterday for interim relief from any coercive action to execute the bailable warrant.The...

A person is not entitled to back wages during the period from the date of his dismissal on account of his conviction in a Criminal Case till the date of his reinstatement after his acquittal; Calcutta HC

 Calcutta High Court has recently held that a person is not entitled to back wages for the period during which he was out of service due to dismissal from service by reason of his conviction under Section 498A of the Indian Penal Code and subsequent reinstatement in service upon his acquittal by the Appellate Court.In this Case the Petitioner was an employee of Food Corporation of India. FCI...

SC directs 30 Private Tour Operators to apply for Hajj permit before the Ministry of External Affairs [Read Order]

The Supreme Court of India on Thursday permitted thirty private tour operators to apply for Hajj permit before the Ministry of External Affairs. Fresh applications, along with all necessary details have been directed to be filed on or before May 27.The Bench, comprising Justice Abhay Manohar Sapre and Justice Ashok Bhushan directed consideration of the applications on merits strictly,...

Union Cabinet approves ordinance to postpone NEET by a year

The Central Government on Friday approved an ordinance to defer implementation of the National Eligibility cum Entrance Test (NEET) for State Governments and their affiliated institutions by a year, so that students are provided with enough time to prepare. The ordinance requires approval by the President of India, Pranab Mukherjee, for it to come into effect.The decision came after a...

TOI Report on Justice Gita Mittal: Senior Advocates demand apology from TOI for scandalous reporting

Standing in solidarity with Justice Gita Mittal, several senior members of the Bar on Thursday demanded an apology from the Times of India, for publishing an article featuring a letter by a “tormented litigant” against Delhi HC Judge Ms. Gita Mittal.The letter demanding the apology has been signed by thirty four Advocates, including Mr. Fali S. Nariman, Mr. Soli Sorabjee, Mr. Kapil Sibal,...

SC directs Rajasthan Government to serve summons to an accused-respondent in person, before hearing its appeal against his acquittal

The Vacation bench of the Supreme court, comprising Justices Abhay Manohar Sapre and Ashok Bhushan, today directed the Rajasthan Government, in the case of State of Rajasthan vs Jafru (Criminal Appeal 36/2008), to serve summons on the respondent-accused in person, in accordance with S.62 of CrPC. "Steps be taken to enable the service to be effected", the bench noted in its brief order.When...

The Compliance of principles of natural justice in disciplinary proceedings not a mere formality: SC [Read Judgment]

Justice Ashok Bhushan delivers his first reported Judgement as Supreme Court Judge.The Supreme Court, in CHAMOLI DISTRICT CO-OPERATIVE BANK LTD. VS. RAGHUNATH SINGH RANA has reiterated that the compliance of principles of natural justice by the Employers in Disciplinary proceedings is not a mere formality, especially when the statutory provisions specifically provides that...

High court should assign reasons while rejecting applications for leave to appeal: SC [Read Judgment]

The Supreme Court, in State of Rajasthan vs. Firoz Khan @ Arif Khan, has reiterated that a High Court, while passing orders rejecting the application for leave to appeal before it under Section 378 (3) of the Code of Criminal Procedure, should assign reasons for such rejection.Allowing the appeal by State of Rajasthan against an High Court order refusing to grant leave to file appeal before...

SC dismisses UP Govt’s appeal against Allahabad HC’s direction to provide reservation for freedom fighters’ dependents in letter and spirit

Supreme Court’s Vacation Bench comprising Justices Abhay Manohar Sapre and Ashok Bhushan today dismissed Uttar Pradesh Government’s SLP against the direction issued by the Allahabad High Court in 2013 to provide job reservation for the dependents of freedom fighters in letter and spirit.Justices B Amit Sthalekar and Vineet Saran, in their 2013 judgment, had directed the Uttar...