Supreme court
Externment Is Not An Ordinary Measure ; Must Be Resorted To Sparingly And In Extraordinary Circumstances : Supreme Court
The Supreme Court observed that externment is not an ordinary measure and it must be resorted to sparingly and in extraordinary circumstances. The effect of the order of externment is of depriving a citizen of his fundamental right of free movement throughout the territory of India and therefore the restriction imposed by passing an order of externment must stand the test of reasonableness.,...
Reservation In Promotion- Supreme Court Declares That Its Judgment In M. Nagaraj Shall Have Only Prospective Effect
The Supreme Court declared that its 2006 judgment in M. Nagaraj & Ors. v. Union of India & Ors. (2006) 8 SCC 212, will have only prospective effect.This is to avoid chaos and confusion that would ensue from its retrospective operation, the court said. Making the principles laid down in M. Nagaraj (supra) effective from the year 1995 would be detrimental to the interests of a number...
Before Providing Reservation In Promotions To A Cadre, State Obligated To Collect Quantifiable Data Regarding Inadequacy Of Representation Of SC/STs : Supreme Court
On Friday, the Supreme Court delivered the judgment in the issue relating to reservation in promotions. The Apex Court has set out certain guiding principles in relation to reservation to promotion, while leaving some to be determined by the Centre and State Governments on a case-to-case basis. A Bench comprising Justices L. Nageswara Rao, Sanjiv Khanna and B.R. Gavai has...
Supreme Court Refuses To Express Views On Discontinuation Of Reservation; Moots Periodical Review Of Data On Inadequate Representation
While refusing to express any view on discontinuation of reservation in public employment, the Supreme Court opined that the data collected to establish inadequacy of representation, which forms the basis for providing reservation for promotions, should be reviewed periodically.The bench of Justices L. Nageswara Rao, Sanjiv Khanna and BR Gavai was considering the submission made by...
Supreme Court Seeks Response On Slum Dwellers' Rehabilitation After Eviction From Railway Land
While hearing a case related to Railway's eviction drives against jhuggis on railway property in Gujarat, the Supreme Court was on Friday informed that 1078 structures have been demolished and applications tendered by hutment dwellers for rehabilitation are not being accepted.The submissions have been made on behalf of the petitioner, an NGO named "Utran Se Besthan Railway Jhopadpatti...
Document Of Partition Which Provides For Effectuating Division Of Properties In Future Is Not Compulsorily Registrable: Supreme Court
A document of partition which provides for effectuating a division of properties in future is not compulsorily registrable under Section 17 of the Registration Act, the Supreme Court has observed.The bench comprising of Justices L. Nageswara Rao, BR Gavai and BV Nagarathna observed that a document which does not by itself create a right or interest in immovable property,...
No Place For Disorderly Conduct In Parliament Or State Assembly; Disruption Of Legislative Business Disheartening: Supreme Court
While quashing the one-year suspension of 12 BJP MLAs from the Maharashtra Legislative Assembly as disproportionate and arbitrary, the Supreme Court expressed concerns about the legislative business in the house getting disrupted due to disorderly conduct in the House."There can be no place for disorderly conduct in the House much less "grossly disorderly". Such...
Don't Insist On Surrender Of Prisoners Released On Parole; Consider Releasing Prisoners Due To COVID Surge : Supreme Court Directs Kerala Govt
On Friday, the Supreme Court asked the State of Kerala to not insist the prisoners already released on interim bail or parole to surrender when the State is witnessing a surge in the COVID-19 cases. "Please instruct the Government not to take coercive action against persons who are out and even for persons in jail see what you can do to them", a bench led by Justice Nageswara Rao told...
ISRO Espionage Case: CBI Seeks Adjournment Of Plea Against Pre-Arrest Bail Granted To 4 Officers; Supreme Court To Hear On Feb 25
The Supreme Court of India on Friday adjourned the hearing of CBI's plea against anticipatory bail granted to officers accused of conspiracy to implicate Nambi Narayanan in the ISRO Espionage case to 25th February. A Bench comprising Justice AM Khanwilkar and Justice CT Ravikumar issued the direction in pursuance of a letter circulated by CBI seeking four weeks' time to file the...
Motor Accident Claims : Supreme Court Asks ASG To Examine Proposal To Deposit MACT Awards In Current Accounts Instead Of Savings Account
The Supreme Court on Thursday asked the Central Government to examine a suggestion to deposit the compensation amount awarded by Motor Accident Claims Tribunals in the current account with initial deposit in FDR for 90 days instead of savings accounts.A bench comprising Justice Sanjay Kishan Kaul and Justice MM Sundresh asked Additional Solicitor General Jayant K Sud to examine the issue in...
'This Isn't The Way To Run Airlines': Supreme Court To SpiceJet While Staying Publication Of Madras HC's Winding Up Order
The Supreme Court on Friday stayed the publication of the winding-up order passed by the Madras High Court against airline company SpiceJet Ltd. However, a bench led by the Chief Justice of India also made certain critical remarks against SpiceJet.Senior Advocate Harish Salve, appearing for SpiceJet, sought for three weeks time saying that they are working out things with the creditor...