Supreme court
Services Rendered By Employee On Work Charge Basis Can't Be Considered For First Time Bound Promotion When He Is Absorbed On A Different Payscale: Supreme Court
The Supreme Court has held that the services rendered by an employee on work charge basis can not be considered for the grant of benefit of first time bound promotion if the employee is absorbed in service on a different payscale.A Bench comprising Justice MR Shah and Justice BV Nagarathna also observed that the benefit of Time Bound Promotion scheme shall be applicable when an employee...
Avoid Shortcut Approach In Judgments; Courts Must Adjudicate All Issues : Supreme Court
The Supreme Court observed that the courts have to adjudicate on all the issues raised in a case and render findings and the judgment on all the issues involved.Adopting a shortcut approach and pronouncing the judgment on only one issue, would increase the burden on the appellate court and in many cases if the decision on the issue decided is found to be erroneous...
Supreme Court Faults HC For Granting Compensation For Medical Negligence In PIL Without Hearing Treating Doctors
The Supreme Court recently set aside Allahabad High Court's order directing the State of Uttar Pradesh to pay a compensation of Rs 25,00,000/- on a finding of gross medical negligence on the part of doctors of S.R.N. Medical College which had resulted in the death of a 25 years old man.A bench of Justices UU Lalit, S Ravindra Bhat and PS Narasimha set aside the order dated November 14, 2019...
Order Allowing Review Petition Must Be Speaking & Reasoned Order As To What Was The Error Apparent On The Face Of Record: Supreme Court
The Supreme Court observed that an order allowing a review petition should be a speaking and reasoned order as to what was the error apparent on the face of the record."Merely stating that there is an error apparent on the face of the record is not sufficient. It must be demonstrated.", the bench comprising Justices MR Shah and BV Nagarathna observed.In this case, the Division Bench of the...
Mere Breach Of Contract Cannot Give Rise To Criminal Prosecution For Cheating: Supreme Court
The Supreme Court reiterated that a mere breach of contract cannot give rise to criminal prosecution for cheating.The court observed that a mere breach of contract is not in itself a criminal offence and gives rise to the civil liability of damages."Even in a case where allegations are made in regard to failure on the part of the accused to keep his promise, in the absence of a culpable...
Kerala Seeks Fresh Review Of Mullaperiyar Dam's Safety By Independent Panel Of Experts; Supreme Court Hearing Tomorrow
In the latest affidavit filed before the Supreme Court in the Mullaperiyar dam case, the State of Kerala has sought a fresh review of the safety of Mullaperiyar by Independent panel of experts.Following suggestions have been put forth by the state of Kerala:a. A fresh review of the safety of Mullaperiyar by Independent panel of experts comprising qualified Engineers and experts in the...
No Provision For Re-Examination For Civil Service Aspirants Failing To Appear In Mains Due To COVID : UPSC Tells Supreme Court
Responding to a plea by civil service aspirants seeking extra chance in Mains exam as they could not appear for the same due to COVID-related issues, the Union Public Service Commission's (UPSC) has told the Supreme Court that there is no provision for holding re-examination in case a candidate fails to appear in the examination on the scheduled date for any reason including any ailment...
Whether Product `Nimbooz' Can Be Classified Under Item `Lemonade' Or `Fruit Pulp Or Fruit Juice Based Drinks': Supreme Court To Consider
The Supreme Court recently agreed to consider whether the product `Nimbooz' can be classified under item `Lemonade' and/or as `fruit pulp or fruit juice based drinks' for the purpose of Central Excise levy.The bench of Justices MR Shah and BV Nagarathna agreed to consider the question while issuing notice in the civil appeal assailing the order dated October 1, 2021 passed by the...
Bharat Biotech, SII Oppose Plea In Supreme Court For Public Disclosure Of Vaccine Trial Data
Vaccine manufactures Bharat Biotech Ltd and Serum Institute of India opposed a petition in the Supreme Court seeking disclosure of the data on clinical trial and adverse events following immunization in relation to Covaxin and Covishield vaccines developed by them respectively against COVID-19 pandemic.A bench comprising Justices L Nageswara Rao and BR Gavai was hearing a writ petition filed...
Acquittal Of Delinquent Employee In A Criminal Case Does Not Debar Employer From Proceeding With Disciplinary Enquiry: Supreme Court
The Supreme Court observed that the acquittal of the delinquent employee in a criminal case does not debar the employer from proceeding with disciplinary enquiry.The bench comprising Justices DY Chandrachud and Surya Kant observed that a Court in the exercise of judicial review of disciplinary proceedings must restrict its review to determine whether: (i) the rules of natural justice have...
Vaccine Mandates Are Reasonable Restrictions In Larger Public Interest : States Before Supreme Court
The States of Tamil Nadu, Maharashtra and Madhya Pradesh on Tuesday justified the government orders which mandated the taking of COVID vaccines to avail public utilities and access public places.A bench comprising Justices L Nageswara Rao and BR Gavai was hearing a writ petition filed by Dr.Jacob Puliyel, a former member of the National Technical Advisory Group on Immunisation, seeking the...