Supreme Court Weekly Round-Up [Aug 21-27]

Judgments/OrdersSupreme Court Sets Aside Order Suspending Conviction Of Lakshadweep MP Mohammed Faizal; Asks Kerala HC To Decide AfreshCase Title: U.T. Administration of Lakshadweep v. Mohammed Faizal & Ors.Citation: Special Leave Petition (Criminal) No. 1644 of 2023 The Supreme Court on Tuesday set aside an order of the Kerala High Court suspending the conviction of Lok Sabha MP...

Article 370 | 'Restoration Of Democracy Important' : Supreme Court Asks Centre When Jammu & Kashmir's Statehood Will Be Restored [Day 12]

J&K cannot be a Union Territory permanently, CJI DY Chandrachud said during the hearing.

Hindu Succession Act | Possession Of Property Necessary For Woman To Claim Rights Under Section 14 : Supreme Court

The Supreme Court has reiterated that for a Hindu female to claim rights under Section 14 of the Hindu Succession Act 1956, she has to be in possession of the property.Section 14 states that property of a female Hindu will be her absolute property. "Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as...

Supreme Court Asks UP Power Discom To Pay Over Rs 10 Lakhs As Backwages To Workman; Imposes Cost Of Rs 2 Lakhs

The Supreme Court on Monday(August 28) imposed a cost of 2 lakh on the Dakshinanchal Vidyut Vitran Nigam Limited (a state undertaking distributing electricity power in Uttar Pradesh) while dismissing its challenge to a Labour Court award passed for paying salary arrears to a workman.The Court directed the corporation to pay the workman as sum of Rs.10,54,311/- towards salary arrears...

Adverse Remarks Against Public Officials Should Not Be Passed Unless Absolutely Necessary : Supreme Court

The Supreme Court observed the adverse remarks should not be passed against public officials unless absolutely necessary."Remarks by a court should at all times be governed by the principles of justice, fair play and restraint - Words employed should reflect sobriety, moderation and reserve.", the bench of Justices Abhay S. Oka and Sanjay Karol observed.In this case, Shikha Trading Company...

Supreme Court Refuses To Entertain Plea Challenging Selection Process Of ED Director

The Supreme Court on August 25 refused to entertain a petition challenging the process of appointment of the Director of the Directorate of Enforcement (ED) and allowed the petition to be withdrawn.The bench comprising Justices BR Gavai, Justice PS Narsimha and Justice Prashant Kumar Mishra was hearing a PIL filed under Article 32 challenging the constitutionality of Section 25 of the...

Bihar Caste Survey | Centre Withdraws Affidavit Filed In Supreme Court Which Said That State Govt Can't Conduct Any Action Akin To Census

The Central Government has filed a fresh affidavit in the Bihar caste survey case withdrawing the earlier affidavit which said "No other body under the Constitution or otherwise is entitled to conduct the exercise of either census or any action akin to census".In a second affidavit filed today evening, the Centre said that the above paragraph had "inadvertently crept in"."It is submitted that...

‘Basic Wage’ Under EPF Act, Cannot Be Equated With ‘Minimum Wage’ Under Minimum Wages Act: Supreme Court

The Supreme dismissed an appeal by the Assistant Provident Fund Commissioner against an order of a division bench of the Punjab and Haryana High Court holding that when the term ‘basic wage’ has been described under Section 2(b) of the Employee Provident Fund Act 1952, there is no need to make a reference to definition of ‘minimum rate of wages’ under Section 4 of the Minimum Wages...

Advocates Should Not Solemnise 'Self-Respect Marriages' In Professional Capacity But Can Act As Witnesses In Private Capacity : Supreme Court

The Supreme Court today ruled that advocates, being officers of the court, should abstain from undertaking or volunteering to solemnize 'self-respect marriages' as per Hindu Marriage Act 1955 (as applicable to State of Tamil Nadu) in their professional capacity. However, they may stand as witnesses for marriages in their personal capacities as friends or relatives.A bench comprising Justices...

Self-Respect Marriages Don't Require Public Solemnisation Or Declaration : Supreme Court Overrules Madras HC Judgment

The Court said that the Madras High Court's view was a narrow one based on the assumption that self-respect marriage needed public declaration.

Principles For Issuing Writ Of Certiorari Under Article 226 : Supreme Court Summarises

In a recent legal development, the Supreme Court bench comprising Chief Justice of India DY Chandrachud and Justice J.B. Pardiwala summarised the cardinal principles governing the exercise of extraordinary jurisdiction under Article 226 of the Constitution, particularly concerning the issuance of a writ of certiorari.The judgment in this case Central Council for Research in Ayurvedic Sciences...

In Disciplinary Proceeding, Burden Of Proof Depends On Nature Of Charge And Explanation Put Forward By Employee: Supreme Court

The Supreme Court recently held that the burden of proof in disciplinary proceedings depends on the specific nature of the charge leveled against the respondent and the explanation they provide.It observed “It is well settled that, in a disciplinary proceeding, the question of burden of proof would depend upon the nature of the charge and the nature of the explanation put forward by...