Supreme court
Art. 226 | High Courts Should Not Entertain Writ Petition In Matters Within Domain Of Tribunals : Supreme Court
The Supreme Court on Thursday (October 16) observed that matters falling within the jurisdiction of the tribunals should not be interfered with by the High Court upon invoking its Writ Jurisdiction. A bench of Justices JK Maheshwari and Vijay Bishnoi dismissed a batch of appeals concerning the recruitment of 15,000 primary school teachers in Karnataka, affirming the Karnataka High...
Supreme Court Awards Compensation To Transwoman Teacher Dismissed Over Gender Identity; Forms Committee On Transgender Rights
The Supreme Court, in a significant pronouncement on transgender rights, has awarded compensation to a transwoman whose services as a teacher were terminated by two private schools, one in Uttar Pradesh and another in Gujarat, within a year, on the ground of her gender identity.The Court noted that not only the institutions but the respective States failed to comply with the provisions of...
Order VII Rule 11 CPC | Rejection Of Plaint To Be Decided Solely On Plaint Averments : Supreme Court
The Supreme Court observed that an application for rejection of the plaint under Order VII Rule 11 CPC shall be decided based on the averments made in the plaint, and does not consider the defendant's defence or any external evidence. A bench of Justices JB Pardiwala and Manoj Misra set aside the Punjab & Haryana High Court's ruling, which rejected the plaint at the threshold, taking...
IBC - Speculative Investors Can't Be Permitted To Misuse Insolvency & Bankruptcy Code Proceedings: Supreme Court
In a significant observation aimed at curbing the growing misuse of the Insolvency and Bankruptcy Code (IBC) in the real estate sector, the Supreme Court has reiterated that the Code cannot be used as a tool by speculative investors seeking quick financial returns rather than the genuine revival of distressed companies or protection of real homebuyers.Emphasizing the remedial and...
Waitlisted Candidates' Right Extinguish When All Selected Candidates Join Posts : Supreme Court
Observing that the waitlist of candidates cannot operate indefinitely and ceases once all the posts are filled up via recruitment process, the Supreme Court on Wednesday (October 15) set aside the Calcutta High Court's ruling which directed notional absorption of the waitlisted candidate years after the initial recruitment resulted in filling up of all the posts. Allowing the Union...
Dismissing Employee For A Charge Not Mentioned In Show-Cause Notice Improper : Supreme Court
The Supreme Court recently set aside the suspension of school teachers in Jharkhand, after finding that they were declared ineligible based on a different charge, which was never labelled against them in the show cause notice. The candidates were held ineligible based on an erroneous marks calculation method, which was never part of the original show cause notice, and denying them...
ITC Cannot Be Denied To Bona Fide Purchasers If Seller Defaults On Tax Payment : Supreme Court
The Supreme Court recently held that the Input Tax Credit (ITC) on goods purchased from registered dealers cannot be denied to bona fide purchasers merely because the seller failed to deposit the Value Added Tax (VAT) with the government.A bench of Justice Manoj Misra and Justice Nongmeikapam Kotiswar Singh observed that there was no infirmity in the order of Delhi High Court granting credit...
'Rental Compensation Requires Complete Deprivation of Property', Supreme Court Denies ₹238 Crore Claim Against Nashik Corporation
Observing that the 'rental compensation' in land acquisition proceedings is granted only when the owner is completely deprived of its property's use, the Supreme Court on Wednesday (October 15) denied a massive claim of ₹238 Crores in "rental compensation" made against the Nashik Municipal Corporation for its alleged unauthorized use of a plot of land over 45 years. Rental compensation...