Courts This Week - A Weekly Round Of Important Legal Developments In The Country [Episode-100]

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Civil Court Jurisdiction Excluded From Landlord-Tenant Disputes Covered Specifically By State Rent Acts : Supreme Court

The Supreme Court has held that the jurisdiction of civil courts are excluded from landlord-tenant disputes when they are specifically covered by the provisions of the State Rent Acts, which are given an overriding effect over other laws.The Court held this while explaining the interplay between the Burmah Shell (Acquisition of Undertakings) Act, 1976 and the Haryana (Control of Rent...

NDPS Act- Recovery Made Otherwise Not Vitiated Merely Because Personal Search Violated Section 50: Supreme Court

The Supreme Court, in an order passed last week, rejected an interpretation that if the personal search is vitiated by violation of Section 50 of the NDPS Act, the recovery made otherwise also would stand vitiated."We cannot give such an extended view", the bench comprising Justices Sanjay Kishan Kaul and MM Sundresh said while dismissing an appeal filed by an accused who was concurrently (by...

MACP Scheme Has Noting To Do With Next Promotional Post; Employee Merely Entitled To Immediate Next Higher Grade Pay : Supreme Court

The Supreme Court has observed that Modified Assured Career Progression (MACP) Scheme has nothing to do with the next promotional post and what the employee would be entitled would be the immediate next higher grade pay in the hierarchy of the recommended revised pay bands.The bench of Justices MR Shah and Sanjiv Khanna was considering a civil appeal assailing Kerala High Court's order...

Registration Act Does Not Contemplate Inquiry Into Whether PoA Holder Who Executed Document Had Valid Power Of Attorney: Supreme Court

The Supreme Court observed that the production of the original power of attorney is not necessary, if the document is presented for registration by the power of attorney holder who executed the document on the strength of it."The inquiry contemplated under the Registration Act, cannot extend to question as to whether the person who executed the document in his capacity of the power of...

Maternity Benefits In India: A Look At The Well-Intended But Misguided Law

The persisting global gender gap in the workforce has created a dire need to make inclusive policies to augment women's participation in the labor force and in lieu of this, several countries around the world have formulated liberal maternity benefit provisions so that motherhood does not become a reason for women to opt-out of the workforce. In India itself, the female...

Supreme Court Directs Karnataka Govt To Complete MDS Admissions Within TimeLine Extended By Centre

The Supreme Court on January 28, has directed the State of Karnataka to adhere to the extended timeliness permitted by the Union Ministry of Health and Family Welfare, to complete the process of counselling for admission to PG courses in MDS for the academic year 2021-22 session. A division bench of Justice D Y Chandrachud and Justice Sanjiv Khanna took on record the communication...

Rules Made To Exercise Powers And Privileges Of State Legislature Constitute Law Within The Meaning Of Article 13: Supreme Court

In its judgment quashing Maharashtra Assembly's Resolution to suspend 12 BJP MLAs, the Supreme Court held that the rules made to exercise the powers and privileges of State Legislature constitute law within the meaning of Article 13."The Rules framed by the Legislative Assembly under Article 208 of the Constitution is the procedure established by law for the purpose of Article 21...

Supreme Court Weekly Roundup: January 24 To January 30, 2022

JUDGMENTS THIS WEEK1. Supreme Court Expands Definition Of 'Vulnerable Witnesses'; Directs HCs To Frame Vulnerable Witness Deposition SchemeCase Title: Smruti Tukaram Badade v. The State Of Maharashtra and AnrCitation : 2022 LiveLaw (SC) 80Noting that "the need for and importance for setting up special facilities which cater to the creation of a safe and barrier-free environment for recording...

Know the Constitution[ Part III]: Union and Its Territory - Articles 1 To 4

Article 1-4: Union and its TerritorySpeaking at an event recently, Justice Gautam Patel of the Bombay High Court had noted that the "Constitutional Idea of India" lay not in the chapters on Fundamental Rights or Duties but rather in Article 1 of the Constitution."Everything in the Constitution flows from this Article. This has to be THE Idea of India for without which India cannot exist. What...

Pegasus Spyware: Supreme Court Urged To Take Cognisance Of New York Times Report Alleging Pegasus Purchase By Indian Government

While referring to the recent New York Times report that in July 2017 Modi government purchased Pegasus from an Israeli firm, Advocate ML Sharma has moved the Supreme Court of India seeking probe into the alleged Pegasus purchase.Sharma, who is also one of the petitioners in the Pegasus case before the Supreme Court, has filed an application seeking directions to register F.I.R for...

Justice Seems To Be Done Only When Judicial Proceedings Are Opened For Public Viewership: Justice DY Chandrachud

"Justice seems to be done only when judicial proceedings are opened for public viewership," said Supreme Court Judge, Justice D. Y. Chandrachud on Saturday.He added that unless judicial proceedings are open for public viewership, it would not be possible for the public to understand the nature of work undertaken by the Courts. Justice Chandrachud was speaking at a virtual book release event...