Show Proof Of Applying For Certified Copy While Seeking Exemption From Filing Certified Copy Of Judgment With SLP : Supreme Court

The Supreme Court, recently (on August 05), has passed a practice direction with respect to filling of Special Leave Petitions, to come into effect from August 20. As per the direction, if any SLP includes an application seeking exemption from filing a certified copy of an impugned order, the same must also attach a receipt from the High Court confirming the request for making an...

'Court Can't Declare Equivalence Of Qualification' : Supreme Court Affirms View That B.Sc(Polymer Chemistry) Isn't Equal To B.Sc (Chemistry)

The Supreme Court has affirmed a judgment of the Kerala High Court that B.Sc(Polymer Chemistry) degree cannot be treated as equivalent to to B.Sc(Chemistry) for recruitment to the post of High School Teacher for Physical Science as per a notification issued by the Kerala Public Service Commission in 2008.The Court observed that it is for the recruiting authority to state whether a...

Examine 'Cause Of Delay' & Not 'Length Of Delay'; Condone Delay If There's Sufficient Cause : Supreme Court

The Supreme Court observed that a delay in filing an application should be condoned if it has been sufficiently explained, regardless of the length of the delay.“It is not the length of delay that would be required to be considered while examining the plea for condonation of delay, it is the cause for delay which has been propounded will have to be examined. If the cause for delay would...

Delhi LG's Position Not Akin To That Of A State's Governor : Supreme Court In MCD Alderman Case

While holding that Delhi Lieutenant Governor can nominate members to its municipal corporation without the aid and advice of the Delhi Government, the Supreme Court recently observed that an LG's power is different from that of Governor of a State.The bench of CJI DY Chandrachud and Justices Narasimha, JB Pardiwala drew the distinction on the basis of Articles 163 and 239AA of...

High Court Cannot Exempt Convict From Surrendering In Exercise Of S.482 CrPC Power: Supreme Court Disagrees With Earlier Judgment

Recently, the Supreme Court observed that it would be impermissible for the High Court to exercise inherent powers under Section 482 of Cr. P.C. to exempt a convict from the requirement of surrendering in a particular case despite concurrent findings of conviction. “We do not, therefore, consider it appropriate to accept as a sound proposition of law that a high court, in exercise of...

Supreme Court Weekly Digest With Subject /Statute Wise Index [July 10 to 17]

Citations 2024 LiveLaw (SC) 451 to 2024 LiveLaw (SC) 477Code of Civil Procedure, 1908Order 2 Rule 2 – Bar to subsequent suit on same cause of action – Observing that the suit for recovery of possession is different from the suit for arrears of rent and damages, the Supreme Court held that there's no bar to file a separate suit for arrears of rent and damages after a suit for possession....

Contempt Of Courts Act | Appeal u/s 19 Maintainable Against Directions Regarding Merits Of Dispute Even If There's No Punishment Order: Supreme Court

The Supreme Court held that an appeal under Section 19 of the Contempt of Courts Act, 1971 would be maintainable against any direction passed by a bench in relation to the merits of the disputes between the parties, even though there is no order of punishment.A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra stated that if there is no order...

Motor Accident Claim | HRA, PF Contribution Should Be Included While Computing Loss Of Dependency: Supreme Court

Recently, the Supreme Court observed that the emoluments and benefits such as house rent allowance, flexible benefit plan, contribution to provident fund, etc. accrued to the deceased ought to be included while computing the loss of dependency to determine the compensation. "...components of house rent allowance, flexible benefit plan and company contribution to provident fund have to...

Banks Can't Classify MSMEs Loan Accounts As NPAs Without Following Procedure In Centre's 2015 Notification : Supreme Court

In an important ruling concerning the revival of the entities registered under the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act”), the Supreme Court observed that the Banks are not empowered to classify the loan accounts of the MSMEs, as Non-Performing Assets (NPA), without following the mandatory procedure laid down in the Instructions for Framework for Revival...

LG Can Nominate Members To Delhi Municipal Corporation Without Delhi Govt's Consent : Supreme Court

In a significant development, the Supreme Court today held that the Lieutenant Governor (LG) of Delhi has the power to nominate aldermen to the Municipal Corporation of Delhi without the aid and advice of the Delhi Government.The Court ruled that the power was a statutory power flowing from the Delhi Municipal Corporation Act, 1957 and hence the Governor need not act as per the aid and advice...

Supreme Court Grants Relief To UPSC Aspirant Who Missed Re-Medical Test In 2014, Allows His Appointment On Clearing Test

The Court clarified that this was an extraordinary relief which cannot be claimed as a precedent.

Motor Accident Compensation| Supreme Court Allows Compensation In Excess Of Claim On Payment Of Additional Court Fee

Recently, the Supreme Court reiterated that there's no restriction upon the Motor Accident Claim Tribunal (“MACT”) to award compensation exceeding the amount claimed by the claimant. The Court said that if the claimant is entitled to a higher amount than claimed, than he's entitled to be paid the actual compensation as determined by the court.The bench comprising Justices PS Narasimha...