Supreme Court Weekly Digests With Nominal, Subject Wise And Statute Wise Index [February 13 to 20]

ACT WISE INDEX Arbitration and Conciliation Act, 1996 - Section 34 - The principle that a court while deciding a petition under Section 34 of the Arbitration and Conciliation Act has no jurisdiction to remand the matter to the Arbitrator for a fresh decision would be applicable where the Appellate Court decides the application under Section 34 of the Act on merits - Even in a case...

Class 10 & 12 Exams : Supreme Court Agrees To Hear Plea To Cancel Physical Exams Of State Boards, CBSE & ICSE

Update on February 22 : Supreme Court agrees to list the petition tomorrow (February 23)The Chief Justice of India on Monday accepted a request made for the urgent listing of a writ petition which seeks the cancellation of physical exams for Class 10 and 12 to be conducted by all State Boards, CBSE, ICSE and NIOS.Advocate-on-Record Prashant Padmanabhan mentioned the petition for urgent...

Presence Of Some Element Of Public Duty Or Function Would Not By Itself Make A Body 'State' Under Article 12 : Supreme Court

The Supreme Court observed that the presence of some element of public duty or function would not by itself suffice for bringing a body within the net of Article 12 (definition of 'State')."An overall and holistic view of the functions and activities, including the primary function(s), should be taken into consideration.", the bench comprising Justices Sanjiv Khanna and Bela M. Trivedi said...

Pension - Whether Classification Of Pensioners Based On Cut-Off Date Violates Article 14? Supreme Court Refers To Larger Bench

The issue as to whether pension seeking to make any distinction between categories based on a cut-off date is violative to Article 14 of the Constitution of India or not has been referred to a larger bench. The matter was referred to by the bench of Justices SK Kaul and MM Sundresh while considering a SLP assailing Himachal Pradesh High Court's order wherein the High Court had declared the...

[NEET PG] Candidate Can't Claim Admissions To 2021-2022 Based On 2019 Rank Which Got Vitiated Due To Caste Certificate Discrepancy: Supreme Court

The Supreme Court recently refused to grant relief to an aspirant who claimed admission to the PG course for Academic Year 2021-2022 based on his rank in NEET PG 2019. The candidate's rank in 2019 was not considered due to a discrepancy in the surname in his caste certificate. The candidate claimed that his 2019 rank be considered for the 2021-2022 admissions.The bench of Justices LN Rao and...

State Govt Can Give Exemptions Or Relaxations To Central Electricity Authority (Measures Relating To Safety And Electric Supply) Regulations 2010 : Supreme Court

In a judgment giving relief to thousands of employees of the Kerala State Electricity Board Ltd (KSEBL), the Supreme Court has upheld a Kerala Government Order dated 13.02.2019, which granted exemptions to several existing Board employees from the qualifications under the the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010.However, the...

PG Medical Courses : Supreme Court Issues Notice On Challenge Against HC Quashing 41% Reservation In Goa Medical College

The Supreme Court has issued notice on a Special Leave Petition filed by Gomantak Bhandari Samaj challenging the order of the Bombay High Court at Goa Bench which quashed and set aside the decision of the Government of Goa to implement, for the first time, reservations in the Postgraduate Courses at Goa Medical College ("GMC") to the extent of 41% in favour of ST (12%), SC (25%) and OBC...

Senior Advocate Manan Kumar Mishra Elected As Chairman Of Bar Council Of India Unopposed

BCI Elections: Bar Council Announces Results, Chairman & Vice Chairman Elected Unopposed

Denying Pension To Ad-hoc Employee After 30 Years Service Is Unreasonable: Supreme Court

The Supreme Court recently expressed its displeasure on State of Gujarat denying pension to an ad hoc employee who rendered 30 years of continuous service. The bench of Justices MR Shah and BV Nagarathna was considering a SLP assailing Gujarat High Court's order wherein the High Court had directed the State to pay pensionary benefits to the respondent who has retired after rendering...

'Limits Women's Choice Of Avocation Under The Guise Of Protection' :Supreme Court Quashes Gender Cap In Orchestra Bars

"Practices or rules or norms are rooted in historical prejudice, gender stereotypes and paternalism have no place in our society",

Specific Relief Act - Compensation In Lieu Of Specific Performance Can't Be Granted Unless Specifically Claimed In Plaint : Supreme Court

In a recent judgement, the Supreme Court disallowed the claim for damages raised in lieu of specific performance of contract citing the reason that the plaintiff had not specifically sought the relief of compensation in the plaint.The Court referred to Section 21(5) of the Specific Relief Act which says :"No compensation shall be awarded under this section unless the plaintiff has claimed...

'Affidavits Not Mere Sheets Of Paper But Solemn Statements On Oath' : Supreme Court Upholds Cancellation Of NOIDA Plot Allotment

Holding that affidavits are not mere sheets of paper but solemn statements on oath and that fraud vitiates all proceedings, the Supreme Court has upheld the cancellation of an allotment of plot by NOIDA authority. The Court observed that cancellation of allotment of plot obtained after filing false affidavit is a legitimate ground of cancellation of lease.The bench of Justices Hemant Gupta and...