EPFO Employees Must Comply With IBC Timeline For Filing Claims; Default Officers Must Face Action : Supreme Court

The Supreme Court recently held that the Commissioner and employees of the Employees Provident Fund Organization (EPFO) must ensure that they comply with the timelines under the Insolvency and Bankruptcy Code, 2016. The Apex Court also stated that in case of failure to comply with the timelines, action must be taken against erring employees. "..we are of the view that the Commissioner...

Supreme Court Surprised By Gujarat HC Granting Bail To Murder Accused Based On 'Settlement' With Victim's Son; Chastises State For Not Challenging Order

In a recent order, the Supreme Court expressed surprise at an order passed by the Gujarat High Court granting bail to an accused in a murder case on the basis of a 'settlement' between him and the the original complainant(son of the deceased victim).The Court raised questions about the appropriateness of allowing personal settlements in serious criminal cases of such magnitude and...

Can Accused Seek Default Bail If Chargesheet Filed Is Incomplete? Supreme Court Seeks CBI's View

The Supreme Court recently faced an intriguing question as to whether an incomplete chargesheet would entitle an accused to default bail under Section 167(2) of the Code of Criminal Procedure and if cognisance could be taken based on it. This question arose in a case where although the chargesheet was filed within 60 days as per section 167 CrPC, the petitioner sought default bail contending...

Can't Say Exactly When Jammu & Kashmir's Statehood Will Be Restored; Ready For Elections : Centre Tells Supreme Court [Day 13]

The Central Government on Thursday told the Supreme Court that it cannot give an exact timeline for restoring statehood to Jammu and Kashmir. At the same time, it clarified that the Union Territory status of J&K will be temporary."I am unable to give an exact time period for complete statehood, while saying UT status is a temporary status", Solicitor General of India Tushar Mehta told...

Supreme Court Deprecates High Courts Allowing Admission To Educational Institutions Through Interim Orders

The Supreme Court recently deprecated the practice of directing admission to educational institutions by way of interim orders, while considering a Special Leave Petition against an interim order of the Gujarat High Court that had directed the National Commission For Homeopathy to admit students in vacant seats of the Swanirbhar Homeopathic Medical College Sanchalak Mahamandal, an association...

Insurance Company Not Liable If Claimant Was Travelling In Trailer Which Was Not Insured Even If Tractor Was Insured: Supreme Court

The Supreme Court observed that the insurance company is not liable if the claimant was travelling in the trailer attached to the tractor, which was not insured though tractor was insured.When a tractor and trailer are involved, both the tractor as well as the trailer are required to be insured, the bench of Justices observed.In this case, the Bombay High Court enhanced the compensation...

Article 370 Case | Substantial Integration Of J&K Had Already Taken Place In 69 Years; So Was 2019 Decision Really A Logical Step? CJI Asks [Day 12]

While concluding the twelfth day of the Article 370 case hearing, Chief Justice of India DY Chandrachud, who was presiding over the Constitution bench, raised a significant question regarding the abrogation of the special status of Jammu and Kashmir. He pointed out that various Constitutional Orders issued over the years have incrementally applied the provisions of the Indian Constitution...

J&K Case | Supreme Court Explains 'Heart Of The Matter' : Could Union Have Amended Article 370 Through Article 367 Route? [Day 12]

The twelfth day of the Constitution bench proceedings concerning the abrogation of Article 370 saw plenty of interesting queries being raised by the bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant. In the proceedings, the bench also made oral remarks pertaining to what it referred to as the "heart of the matter",...

Supreme Court Directs Andhra Pradesh HC To Consider Afresh Issues Relating To Online Rummy In The Light Of IT Rules Amendment 2023

The Supreme Court on Monday directed the Andhra Pradesh High Court to consider afresh issues relating to online rummy in light of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 notified by the Central Government.The Andhra Pradesh High Court in its order dated 31.03.2023 had directed the State Government to form a committee to examine...

Section 50 NDPS | Conviction Cannot Be Sustained If Accused Were Not Informed About Their Right To Be Searched Before Magistrate/Gazetted Officer : Supreme court

The Supreme Court observed that if the accused were not informed about their right to be searched before a Magistrate or a Gazetted officer, it is a violation of the safeguard provided by Section 50 of the NDPS Act.In this case, the accused were convicted by the Trial Court under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Their appeals were dismissed by...

Supreme Court Invokes Article 142 Powers To Reinstate English Lecturer In College

A Division Bench of the Supreme Court, while hearing an appeal challenging Bombay High Court order, invoked its inherent powers under Article 142 of the Indian Constitution to reinstate the appellant to the post of lecturer in English. “Therefore, for doing substantial justice this is a fit case where we should invoke our power under Article 142 of the Constitution of India for continuing...

Keeping Spouses Together Despite Irretrievable Breakdown Of Marriage Is Cruelty To Both Parties : Supreme Court Dissolves Marriage

The Supreme Court observed in a recent judgment that keeping the parties together despite irretrievable breakdown of marriage amounts to cruelty on both sides.Continued bitterness, dead emotions and long separation, in the given facts and circumstances of a case, can be construed as a case of “irretrievable breakdown of marriage", the bench of Justices Sanjay Kishan Kaul and Sudhanshu...