Supreme court
Transfer Of Govt Employee Not Vitiated Merely Because It Was Issued At Instance Of MLA : Supreme Court
The Supreme Court on Wednesday (March 13) observed that the interference by the court in an order of transfer at the instance of a state employee holding a transferrable position without any violation of statutory provision is impermissible. Reversing the findings of the High Court's Division Bench, the Bench Comprising Justices J.K. Maheshwari and Sanjay Karol, while restoring the findings...
Existing Ships Need Modification Before Female Officers Can Be Sent On Sea Borne Missions: Coast Guard Tells Supreme Court
Responding to a woman officer's petition seeking permanent commission, the Indian Coast Guard has told the Supreme Court that various infrastructural changes are to be made to send female officers on sea-borne missions.The affidavit affirmed by the Principal Director, Coast Guard Head Quarters, stated that ICG, primarily a sea-going service, allocates 66% of its billets for manning afloat...
Workers Employed To Perform Perennial/Permanent Nature Of Work Can't Be Treated As Contractual Workers : Supreme Court Allows Regularisation
The Supreme Court on Tuesday (March 12) observed that the workers employed to perform perennial/permanent nature of work couldn't be treated as contract workers under the Contract Labour (Regulation & Abolition) Act, 1970 to deny them the benefit of regularization of a job.The Bench Comprising Justices P.S. Narasimha and Sandeep Mehta opined that the permanent or perennial nature of...
High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction."...although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal proceedings which...
Chargesheets Submitted By Police Officers Must Have All Necessary Details As Per Section 173(2) CrPC: Supreme Court
The Supreme Court on Tuesday (March 12) observed that police officers submitting the police report/chargesheet to the magistrate as per the State Police Manual shall abide by the particulars of Section 173 (2) and directed the officers in charge of every police station across the country to strictly comply with the mandatory requirements of Section 173 (2) of Cr.P.C. failing which it shall...
HC's Order 'Smacks of Arbitrariness and Perversity', Supreme Court Sets Aside Allahabad HC's Order Passed Without Hearing Parties
The Supreme Court on Monday (March 11) set aside the order of the Allahabad High Court passed in gross violation of the principle of natural justice whereby the order was passed without hearing to the opposite parties.Terming the order of the High Court as arbitrary and perverse, the Bench Comprising Justices BR Gavai and Sandeep Mehta found that the order was passed in haste without...
Conveyance Takes Place Only At Time Of Registration Of Sale Deed; Need For Sanction For Conveyance Doesn't Bar Agreement To Sell : Supreme Court
The Supreme Court observed that conveyance by way of sale would take place only at the time of registration of a sale deed in accordance with Section 17 of the Registration Act, 1908. Therefore, the Court held that there is no bar for a tribal in Maharashtra to enter into an agreement to sell and seeking advance sale consideration.On this basis, the Court held that a suit for specific...
Judiciary Must Avoid Unnecessary Interference With Administrative Decisions Involving Specialized Expertise: Supreme Court
While allowing the appeal against a Punjab and Haryana High Court order, which set aside Chief Minister ML Khattar's (Accepting Authority's) remarks and overall grade regarding senior IAS Officer Ashok Khemka's Performance Appraisal Report (PAR), the Supreme Court yesterday reiterated the principle of judicial restraint in administrative decisions.Calling it a foundational principle of...
Filing Of Suit To Assert Rights Cannot Amount To Contempt Of Court: Supreme Court
The Supreme Court recently, while hearing an appeal dismissing a contempt petition, observed that filing a suit to assert rights cannot amount to contempt of court. “We find that, by no stretch of imagination, it could be said that the filing of the suit for asserting the rights of the plaintiffs/respondents could be said to be amounting to contempt of the Court.” The case...
Anticipatory Bail Can't Be Denied On Mere Assertion Of State That Custodial Interrogation Of Accused Is Required: Supreme Court
Recently, the Supreme Court held that anticipatory bail can't be denied merely because the custody of the accused is required by the State for custodial interrogation. “There is no gainsaying that custodial interrogation is one of the effective modes of investigating into the alleged crime. It is equally true that just because custodial interrogation is not required that by itself may also...
Celebratory Firing During Marriage Ceremonies An Unfortunate Practise, Guns Not Meant To Be Used In Such Ceremonies: Supreme Court
In an unfortunate case where celebratory firing during a marriage ceremony resulted in the death of a person, the Supreme Court has called out such an exercise. Expressing dismay at such kind of firing, the bench of Justices Vikram Nath and Satish Chandra Sharma stated: “The act of celebratory firing during marriage ceremonies is an unfortunate yet prevalent practise in our nation....