Supreme court
Govt Officers Should Not Be Summoned To Court 'At The Drop A Hat' : Supreme Court
The Supreme Court has observed that the practice of summoning authorities of the State to Court at the drop of a hat undermines the majesty of the Court. The Apex Court was of the view that insisting on the presence of officers in court wastes precious time that could be spent in the discharge of their duties and that such a practice must not be adopted as a routine.In this regard the...
Workmen Compensation Act | Functional Disability & Not Physical Disability The Determining Factor To Claim Total Disablement : Supreme Court
While enhancing the compensation to an injured labourer under the Workmen Compensation Act 1923, the Supreme Court reiterated that functional disability is the determining factor and not physical disability. The victim was a laborour who lost the grip of her arm due to damages to nerves when a pole fell on her left arm and she lost her grip due. The Madhya Pradesh High Court assessed...
Supreme Court Upholds Acquittal Of Three Policemen In 36 Year Old Murder Case; Dismisses CBI's Appeal
The Supreme Court on Monday upheld a judgment of the Uttarakhand High Court which dismissed an application filed by the CBI seeking leave to appeal under section 378 (3) of CrPC against order passed by the trial court acquitting three policemen who were charged of murder while patrolling, on the ground that the circumstances found do not constitute a complete chain as to indicate that in...
Supreme Court Allows Teachers To File Representation Before Centre Against Selection Criteria For National Award For Teachers
The Supreme Court recently allowed teachers from 10 different states who had jointly filed a plea challenging the revised selection process for National Award to Teachers issued by the Ministry of Human Resource Development Ministry in 2018 as "opaque and discriminatory", to approach the Centre with their representation.The Court took note of the submission of the Union that the criterion for...
Supreme Court Imposes Rs 50K Costs On Litigant Who Sought 'Neutral Bench' Without OBC/Unreserved Category Judges To Hear Reservation Matter
The Supreme Court on Monday imposed a cost of Rs. 50,000 on a litigant who sought the constitution of a ‘special neutral bench’ with judges who neither belong to OBC nor to unreserved category, to hear a matter pertaining to enhancement in reservation in public service filed by candidates in OBC and unreserved category candidates. The plea was filed before the Apex Court challenging...
Death By Accidental Firing : Supreme Court Converts Conviction Of Cop From Section 302 To Section 304A IPC
The Supreme Court recently converted the conviction of a Delhi Police guard under Section 302 IPC(Murder) to Section 304A(causing death by negligence) in the case related to the death of a constable due to accidental firing. The appellant armed with a semiautomatic weapon was merely asking the deceased constable to get off the phone when a playful scuffle led to the tragic incident.The...
School Transfer Certificate Cannot Be Relied Upon To Determine POCSO Victim Age : Supreme Court Acquits Accused
The Supreme Court observed that school transfer certificate and extracts of the admission register cannot be relied on to determine age of the victim in POCSO cases.While acquitting an accused, the bench of Justices S. Ravindra Bhat and Aravind Kumar noted that wherever the dispute with respect to the age of a person arises in the context of her or him being a victim under the POCSO Act,...
Fill Vacancies In Central Govt Industrial Tribunals By August 31 : Supreme Court To Union
The Supreme Court directed the Union Government to complete the process of appointing judicial officers to the vacant seats of the Central Government Industrial Tribunals before August 31, 2023. The direction was passed by a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra. The petitioner in the matter, Labour Law Association had submitted that as many as...
NI Act | In Cheque Dishonour Case, Interim Compensation Can Be Ordered To Be Paid Only After Accused Pleads Not Guilty: Supreme Court
The Supreme Court held that where a cheque is dishonoured, the interim compensation can be directed to be paid only after the accused has pleaded not guilty as per section 143A(1) of the Negotiable Instruments Act, 1881. In the present case, the court noted that the magistrate had directed to pay 10% of the cheque amount before the plea of accused was entered. The court held that such...
Supreme Court Directs States To Appoint Chief Commissioners, Frame Rules Under Rights Of Persons With Disabilities Act 2016
The Supreme Court on Monday directed all State Governments to comply with the provisions of the Right of Persons with Disabilities Act 2016 [“RPwD Act”] expeditiously before September 30, 2023. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra also directed the States to appoint Chief Commissioners for persons with disabilities by August 31, 2023....
Supreme Court Weekly Round-Up: July 10 To 16 July 2023
Gurugram Prime Plot 'Sold' Through Fake GPA: Supreme Court Forms SIT To Probe Land Scam; Questions Role Of Sub-Registrar's OfficeCase title: Pratibha Manchanda And Anr. v. State of Haryana And Anr.Citation: 2023 LiveLaw SC 514The Supreme Court, recently, directed the Commissioner of Police, Gurugram to constitute a Special Investigation Team (SIT) to investigate a land scam that...