Supreme court
Retired HC Judges Can't Be Discriminated Regarding Pension Based On Whether They're Elevated From Service Or Bar : Supreme Court
In an important judgment, the Supreme Court on Friday (March 15) held there cannot be any discrimination between the retired High Court judges, depending on their source of elevation (whether from the bar or the District Judiciary), while computing their pensionary benefits.The Court held that held that the pensionary entitlement of a retired High Court judge, who is elevated from the...
Tenants Holding Watan Property On 'Tiller's Day' Would Be Entitle To Purchase Watan Property Under Maharashtra Revenue Patels (Abolition of Offices) Act: Supreme Court
The Supreme Court on Thursday (March 14) held that the tenant holding possession of the Watan property under the Maharashtra Hereditary Offices Act, 1874, on the 'Tiller's Day', which is not subjected to payment of land revenue to the State Government, would be entitled to exercise their right of statutory purchase for purchasing the tenanted Watan property under the Maharashtra Revenue...
Employer Can't Change Qualifications Prescribed In Advertisement In The Middle Of Selection Process : Supreme Court
Recently, the Supreme Court observed that any change to the eligibility/qualifications prescribed in the recruitment advertisement in the middle of the selection process is an impermissible exercise and would tantamount to denial of opportunity to the candidate eligible to be selected as per the original advertisement. “It is settled law that it is not open for an employer to change...
No Anticipatory Bail To Accused Against Whom Non-Bailable Warrant & Proclamation Under Section 82 CrPC Are Pending: Supreme Court
The Supreme Court held that an accused would not be entitled to pre-arrest bail if the non-bailable warrant and the proclamation under Section 82(1) Cr.P.C. is pending against him. “Thus, it is obvious that the position of law, which was being followed with alacrity, is that in cases where an accused against whom non-bailable warrant is pending and the process of proclamation under...
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...