Supreme court
Supreme Court Issues Notice On District Judge's Plea Seeking 3 Advance Increments For Having LLM Degree
The Supreme Court on Friday issued notice in a special leave petition filed by a District Judge in Jharkhand seeking three advance increments for having LLM degree as recommended by the Justice Shetty Commission. A bench comprising Justice L Nageswara Rao and BR Gavai issued notice in the petition challenging the judgment dated December 6, 2021 of the High Court which rejected the...
Supreme Court Weekly Digest With Nominal And Subject Wise And Statute Wise Index- April 4 to 10
Administrative Law - Appeal challenging adverse Remarks made in the Allahabad HC judgment regarding a Statutory authority - Allowed - Even if the High Court found that the impugned actions of the authorities concerned, particularly of the appellant, had not been strictly in conformity with law or were irregular or were illegal or even perverse, such findings, by themselves, were not...
Issue Of Community Certificate Irrelevant When Appointment Is Sought Under Disability Quota & Not Based On Community: Supreme Court
The Supreme Court has observed that issue of community certificate cannot be agitated for the first time before the Top Court more so when the appointment was sought to been made on the disability quota and not on the basis of the community.The Court made the observation while dismissing a special leave petition filed by the Bank of Baroda challenging a direction of the National Human...
'Part Of Agrarian Reform, Protected By Article 31A Constitution': Supreme Court Upholds 1992 Haryana Amendment To Punjab Village Common Lands (Regulation) Act
The Supreme Court has upheld the validity of the 1992 Haryana Amendment ("Amending Act") to the Punjab Village Common Lands (Regulation) Act. 1961, which vests land reserved for common purposes by applying pro-rate cut in the village Panchayat. A Bench comprising Justices Hemant Gupta and V. Ramasubramanian allowed the appeals filed by the State of Haryana and the Panchayats and upheld...
Employee Can't Take Advantage Of His Own Absence For Time When He Was Under Suspension: Supreme Court
The Supreme Court has observed that it would be absolutely contrary to a service jurisprudence principle if an employee is able to take advantage of his own absence for the period of time when he was under suspension. The bench of Justices SK Kaul and MM Sundresh rendered this observation while considering a Special Leave Petition assailing Jharkhand High Court's order dated May 9,...
Supreme Court Weekly Roundup-April 4 to 10
Supreme Court Judgements 1. Power Of Attorney Must Be Construed Strictly; Agent Can't Sell Without Express Authorisation : Supreme Court Case Title: Umadevi Nambiar Vs Thamarasseri Roman Catholic Diocese | CA 2592 of 2022 Citation: 2022 LiveLaw (SC) 338 The Supreme Court observed that the power to sell is not to be inferred from a document of Power of Attorney...
All DRT Vacancies Filled : Attorney General Tells Supreme Court
The Attorney General of India, Mr. K.K. Venugopal on April 8 informed a Bench comprising Justices L. Nageswara Rao and B.R. Gavai that appointments of DRT members to the vacant posts are complete. He apprised the Bench that the Selection Committee has recommended 25 names for all the vacancies. The Appointments Committee of the Cabinet had accepted all the names recommended in two...
Can't De-Register Political Parties For Offering Freebies : Election Commission Tells Supreme Court
Election Commission of India has told the Supreme Court that offering any freebies either before or after the election is a policy decision of the party and that the Commission cannot regulate state policies and decisions which may be taken by the winning party when they form the government. "That offering/distribution of any freebies either before or after the election is...
Enforcement Directorate Moves Supreme Court Challenging Bail Granted To Kerala CPI(M) Leader's Son Bineesh Kodiyeri In PMLA Case
The Enforcement Directorate has moved the Supreme Court of India challenging Karnataka High Court's order granting bail to Bineesh Kodiyeri, son of Kerala CPI (M) leader Kodiyeri Balakrishnan who was arrested by the ED under the Prevention of Money Laundering Act. The ED has argued that the High Court failed to appreciate that Kodiyeri preferred five previous Bail Applications, which...
Non-Disclosure Of Material Information Itself Could Be A Ground For Termination Of Services : Supreme Court
The Supreme Court reiterated that non-disclosure of material information itself could be a ground for cancellation of employment or termination of services.In the year 2003, Dillip Kumar Mallick was appointed under the Central Reserve Police Force ('CRPF') Group Centre, Bhubaneswar. A departmental inquiry was initiated against him on the allegations that though he was involved in a criminal...
Patna High Court Advocate-on-Record Rules Repealed; Advocates Need Not Qualify AoR Exam To File Cases In HC
The "Registration of Advocates as Advocate on Record of the Patna High Court Rules" has been repealed,The notification to this effect has been published in the Bihar Gazette on 8th April 2022.The AoR Rules have been facing criticism from the lawyer community in Bihar and also evoked protests by lawyers' groups against the AoR system. In 2020, the Lawyers Association, Patna HC (one of the...
Mediation Not A Threat To Lawyers' Profession : President Ram Nath Kovind
While speaking at the inaugural event of the two-day national conference on "Mediation and Information Technology" in Gujarat, the President of India Ram Nath Kovind on Saturday spoke about the misconception amongst lawyers that mediation could be a threat to their profession. The President said that, if there was any misconception amongst lawyers that mediation could be a threat to...