Supreme court
Supreme Court Refuses To Recall Judgment Holding That Ayurved Doctors Can't Have Equal Pay As Allopathy Doctors; Asks Parties To Seek Review
The Supreme Court on Tuesday refused to entertain applications seeking recall of its judgment delivered on April 26, 2023, which held that Ayurved doctors cannot claim equal pay as Allopathy doctors. However, the Court has left open the remedy of filing a review petition against the judgment.The Court also deferred the hearing of an application filed by the National Commission for Indian...
No Bar In Assessee Seeking Restoration Of Appeal After Being Unsuccessful In Availing Amnesty Scheme: Supreme Court
The Supreme Court has ruled that since appeal is a statutory remedy, the assessee cannot be barred from seeking restoration of the appeal which was withdrawn by him as a pre-condition for availing the benefit under an Amnesty scheme, if the assessee is subsequently unsuccessful in availing the benefit of the scheme.The top court remarked that the appellate authority as well as the Kerala...
Supreme Court Dismisses Axis Bank's Appeal, Upholds Condonation of Delay In CIRP By SBI Against Corporate Debtor
The Supreme Court today dismissed an appeal by Axis Bank Limited(appellant), thereby affirming the condonation of delay in initiating the Corporate Insolvency Resolution Process (CIRP) by the State Bank of India (SBI) against a corporate debtor under Section 7 of Insolvency and Bankruptcy Code(IBC), 2016.The Court observed, “For all reasons recorded above, no merit in appeal the same...
IBC- Admitting Claims After Resolution Plan Has Been Accepted By COC Would Make CIRP An Endless Process: Supreme Court
The Supreme Court on Monday said that admitting claims after the Resolution Plan has been accepted by the Committee of Creditors (COC) under Insolvency and Bankruptcy Code, 2016 (IBC) even though the Adjudicating Authority has yet to approve the plan, would make the Corporate Insolvency Resolution Process (CIRP) an endless process. The Apex Court was considering whether the claim pertaining...
Article 20(1) Of Constitution Doesn't Bar Retrospective Application Of Procedural Changes In Criminal Trial : Supreme Court
A Supreme Court constitution bench on Monday(September 11) reiterated that any change in procedure after an offence is committed would not be unconstitutional on grounds of the bar on the retrospective application of ex post facto laws contained in Article 20(1) of the Constitution, since procedural matters were not covered by the said clause. While holding that its...
Supreme Court Disapproves Of High Court Order Limiting Bail To Three Months
The Supreme Court recently disapproved of an order passed by a High Court which restricted the bail to a particular period."Once the High Court came to the conclusion that the accused was entitled to bail, there was no reason to restrict the bail to the period of three months", the Court observed in the case Ranjit Digal vs State of Odisha.In this case, the Orissa High Court granted interim...
Promotion Given To Employee Continuing In Service On Strength Of Interim Order Will Lose Effect Once Petition Is Dismissed : Supreme Court
If an employee who is continuing in service on the strength of an interim order gets a promotion, such promotion will get nullified once the interim order is dismissed, held the Supreme Court recently.The Court was considering a challenge to a judgment passed by the Division Bench of the Allahabad High Court, as a result of which the services of the petitioner, a temporary Collection Peon,...
DBS Bank Directors Can't Be Prosecuted For Acts Of Lakshmi Vilas Bank Before Amalgamation : Supreme Court Quashes Criminal Case
The Supreme Court today ruled that DBS Bank and its directors, who were appointed after the amalgamation with Lakshmi Vilas Bank(LVB) and had their appointments approved by the Reserve Bank of India (RBI), cannot be held criminally liable for actions attributed to erstwhile directors of LVB.The Court held, “In the present context, public confidence in the banking system was at stake when...
It Is Duty Of Police To Produce Imprisoned Accused Before Court, Accused Can't Be Blamed For Police's Negligence : Supreme Court
The Supreme Court recently stated that when accused persons are in prison, it is the duty of the police to produce them before the trial court. If the police fail to produce them before the court, then the accused cannot be made to suffer due to such negligence of the police.A bench of Justices BR Gavai and Prashant Kumar Mishra made these observations while deciding a bail application...
Public Servants Lose Immunity In Pre-2014 Corruption Cases; Supreme Court Clarifies That Striking Down Of Sec 6A DSPE Act Has Retrospective Effect
In a significant development, a constitution bench of the Supreme Court on Monday declared that its 2014 judgment, which declared Section 6A of the Delhi Special Police Establishment Act 1946 as unconstitutional, will have retrospective effect. This means that Section 6A is held to not be in force right from the date of its insertion.Section 6A of the DSPE Act required the Central Bureau...