Supreme Court Weekly Round Up: April 18 To April 24, 2022

Supreme Court Judgements 1. Victim Has The Right To Be Heard At Every Stage From Investigation To Culmination Of Trial In Appeal/Revision : Supreme Court Case Title: Jagjeet Singh And Ors. v. Ashish Mishra @ Monu And Anr. Criminal Appeal No. 632 of 2022] Citation : 2022 LiveLaw (SC) 376 The Supreme Court has held that a 'victim' as defined under Section 2(wa) of...

Employers Can't Dispute Employees' Date Of Birth At Fag End Of Their Service : Supreme Court

The Supreme Court has held that the rule that employees cannot raise a dispute relating to date of birth at the fag end of their service is equally applicable to employers as well.A bench comprising Justices DY Chandrachud and Aniruddha Bose set aside the decision of Hindustan Copper Ltd, a Public Sector Undertaking, to reduce the VRS benefits to an employee by altering his date of...

Supreme Court Asks BCI To Examine Amicus Suggestion To Provide Incentives To Senior Lawyers To Induct Newly Enrolled Advocates

The Supreme Court, on Thursday, asked the Bar Council of India (BCI), to consider the suggestions of the Amicus Curiae to provide incentives to Advocates who take in young lawyers as their juniors.Apart from this, the Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh also requested the High Court Judges to engage young lawyers as law clerks. It noted - "BCI has constituted a...

Madras HC's Case Clearance Rate 109% For 2021; Tamil Nadu Judiciary Top Performer In Case Disposal : Justice Ramasubramanian

Justice V Ramasubramanian, Judge Supreme Court of India, on Saturday spoke at an event organised at the Madras High Court to lay the foundation stone for Administrative Block of Madras High Court and inaugurate Court buildings located in Namakkal and Villupuram Districts.In his address, Justice Ramasburamanian lauded the Madras High Court, his parent High Court, for its high case...

Are Prosecutors Given Incentives For Securing Death Penalty? Supreme Court Asks MP Govt

The Supreme Court, on Friday asked the State of Madhya Pradesh to place on record whether it has adopted any policy to grant incentivises and increments to the Public Prosecution based on the volume of their cases wherein death sentence is awarded. On 29.03.2022, while hearing an application seeking permission for mitigation investigators to interview the petitioner in prison, a...

Death Row Prisoner Kept In Solitary Confinement? Supreme Court Directs District Judge To Conduct Inspection

Upon being apprised that a death row prisoner (petitioner) had been kept in solitary confinement, the Supreme Court, on Thursday, directed the District Judge, Belgaum(Karnataka) to conduct a local inspection of the ground realities of the circumstances in which he was lodged in a separate cell. The issues to be covered by the District Judge in their report, though not exhaustively,...

Hope High Courts Will Expedite Process Of Sending Proposals To Fill Remaining 212 Vacancies : CJI NV Ramana

While speaking on the issue of filling up of judicial vacancies and increasing the sanctioned strength of judges, the Chief Justice of India NV Ramana on Saturday said that he hoped that the High Courts will expedite the process of sending the proposals to the government to fill the remaining 212 judicial vacancies.It may be noted that recently, the Union Law Minister had told the Parliament...

'Inferences About Victim's Conduct May Need A Revisit' : Bombay High Court Grants Leave To State To Appeal Against Tarun Tejpal's Acquittal

Noting that certain observations by the trial judge about the rape victim's conduct need to be revisited, the Bombay High Court(Goa Bench) granted leave to the State of Goa to appeal against the order acquitting Tejpal in a 2013 sexual harassment case. The Court rejected Tejpal's preliminary objections against the State's leave to appeal. A division bench of Justice MS Sonak and RN Laddha...

Ad Hoc Employee Can't Be Replaced By Another Ad Hoc Employee; Can Be Replaced Only By Regular Employee : Supreme Court

The Supreme Court has reiterated that an ad hoc employee cannot be replaced by another ad hoc employee and can be replaced by only a regularly appointed candidate."It is a settled principle of law that an ad hoc employee cannot be replaced by another ad hoc employee and he can be replaced only by another candidate who is regularly appointed by following a regular procedure prescribed", the...

Install Bird Diverters In Power Lines By July 20 : Supreme Court Directs Gujarat & Rajasthan To Protect Great Indian Bustard

The Supreme Court has directed the power producers in Gujarat and Rajasthan to take necessary steps to ensure timely completion of installation of bird diverters in power transmission lines to protect the endangered birds Great Indian Bustard and Lesser Florican from deaths due to collision.The Top Court also directed the States of Rajasthan and Gujarat as well as all power producers in...

To Claim Backwages, Dismissed Employees Must Plead That They Were Not Gainfully Employed; Only Then Burden Shifts To Employer : Supreme Court

The Supreme Court, on Friday, held that an employee whose services are terminated and who is desirous of getting back wages is obligated to either plead or at least make a statement at the first instance that they were not gainfully employed or was employed on lesser wages after being dismissed from service. It added that only then the burden would shift to the employer to...

Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court

The Supreme Court observed that the testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omissions.The bench comprising CJI NV Ramana, Justices Krishna Murari and Hima Kohli also observed that medical evidence adduced by the prosecution has great corroborative value.The court was considering appeals filed against the Patna High Court...