Supreme court
BREAKING : Supreme Court Stays Probe Of Justice Lokur Commission Constituted By WB Govt In Pegasus Case
The Supreme Court on Friday passed an interim order to stay the enquiry proceedings by the Judicial Enquiry Commission led by former Supreme Court judge Justice Madan B Lokur, which has been constituted by the State of West Bengal, to inquire into the allegations of snooping using the Pegasus spyware.A bench led by the Chief Justice of India NV Ramana expressed its unhappiness over the...
Plaintiff Is 'Dominus Litis'; High Court Cannot Direct Impleadment Of Additional Defendant In Suit : Supreme Court
The Supreme Court has disapproved the approach taken by a High Court in setting aside a decree in a suit and remanding the same for fresh trial after directing the plaintiff to implead a party as an additional defendant in the suit.The Top Court reminded that the plaintiff is the "dominis litis"(master of the suit), who is entitled to decide who all should be added as parties in the...
Compassionate Appointment Not A Matter Of Right, It Is Provided To Enable Family To Tide Over An Immediate Crisis : Supreme Court
"Undoubtedly, pension is not an act of bounty, but is towards the service which has been rendered by an employee. However, in evaluating a claim for compassionate appointment, it is open to the authorities to evaluate the financial position of the family upon the death while in service", the Supreme Court has observed."Compassionate appointment is not a vested right. It is provided in order...
Contempt Jurisdiction Is Always Discretionary, Should Be Exercised Sparingly : Supreme Court
Noting that the contempt jurisdiction is always discretionary which should be exercised sparingly and with circumspection, the Supreme Court has held that the Sri Sri Maa Kamakhya Temple Management case is not a fit case to exercise the said jurisdiction by punishing the members of the Kamakhya Debutter Board or directing the refund of the Temple money allegedly misappropriated by the...
Burden To Prove Full Repayment Of Borrowed Amount Is On The Party Claiming It : Supreme Court
The Supreme Court has held that when payment of money and repayment of a portion of it is admitted by a party, then the onus to establish that there was full and final settlement of the dues is also on that party."A party who admits receipt of certain amount of money on a particular date and pleads discharge by way of a full and final settlement at a latter date, is the one on whom the...
Pegasus Case : Supreme Court To Hear Tomorrow Plea Challenging West Bengal's Judicial Commission Probe
The Supreme Court will hear tomorrow (Friday) a plea challenging the Constitution of Enquiry Commission constituted by the State of West Bengal to investigate into the allegations pertaining to the Pegasus spyware scandal.The matter has been listed after the counsel for the petitioner NGO "Global Village Foundation Charitable Trust" requested Chief Justice of India NV Ramana to urgently list...
Twin Conditions For Bail Under Section 45 PMLA Have Been Struck Down : Supreme Court Clarifies Guidelines On Grant Of Bail
On Thursday, while hearing application seeking clarification to its order dated 07.10.2021, issuing guidelines on the aspect of the grant of bail to accused who are not arrested during the investigation on charge sheet being filed, the Supreme Court clarified that the twin conditions for grant of bail specified in Section 45 of Prevention of Money Laundering Act (PMLA) have been...
'All Major Cities Have Turned Into Slums' : Supreme Court Asks Authorities To Take Strict Action Against Encroachments
During the hearing of cases related to the Railway's eviction drive against jhuggis in railway property, the Supreme Court expressed anguish at the slum problem in cities and called for strict action by authorities against encroachments.The Court orally said that the failure of the authorities in taking timely action against public encroachments was the root of the problem."All major cities...
Gurugram Namaz Issue : Plea In Supreme Court Seeks Contempt Action Against Haryana Officials
A former Rajya Sabha member has moved the Supreme Court seeking contempt action against officers of State of Haryana alleging their inaction in complying with the directions passed by the top court regarding measures to be taken to curb the communal and violent tendencies that result in perpetration of hate crimes.The petition has sought action against the Chief Secretary and the...
Supreme Court Allows Railways To Proceed With Eviction Of Slum Dwellers; Permits Dwellers To Apply Under Rehabilitation Schemes
Upholding judgments of the High Courts of Gujarat and Punjab & Haryana which refused to interfere with the eviction drive launched by the Indian Railways against slums, the Supreme Court on Thursday allowed the Railways to serve eviction notices on the slum dwellers for reclaiming the railway properties.A bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar however...