Supreme court
Art. 311(2) | Confirmed Public Servant Can't Be Terminated Over Alleged Illegal Appointment Without Inquiry: Supreme Court
The Supreme Court has ruled that a public servant whose service is confirmed cannot be terminated from the office merely because there was an alleged illegality in appointment. The Court said that a termination without holding a departmental inquiry would be violative of Article 311(2) of the Constitution. “Confirmation in service is not a mere administrative formality but it confers upon...
Mere Transfer Of Defrauded Amount To Accused's Account Doesn't Establish Same Transaction To Club FIRs : Supreme Court
Part of defrauded amounts transferred to petitioner's bank account does not, by itself, establish all incidents form part of same transaction, the Court said.
Inadequate Grounds Of Arrest Don't By Themselves Vitiate Arrest, Prejudice To Accused Must Be Shown: Supreme Court
The Court said that complete non-service of reasons vitiates arrest, but inadequate reasons require proving prejudice against accused.
'Even In Terror Cases, Constitutional Safeguards And Right To Fair Trial Cannot Be Diluted': Supreme Court
'The greater the public outcry, the greater becomes the responsibility of the Court to ensure that the determination of guilt is based solely upon law and evidence' - Court
Know The Law | When Can High Courts Grant Relief Under Article 226 Beyond Pleadings? Supreme Court Explains
The Supreme Court recently clarified that although High Courts are ordinarily expected to remain confined to the pleadings and reliefs sought by parties, the rule is flexible while exercising jurisdiction under Article 226 of the Constitution. In exceptional cases, where the record clearly establishes a legal entitlement and denying relief on technical grounds would perpetuate injustice,...
Art. 226 | High Courts Cannot Reweigh Evidence Or Interfere With Factual Findings In Certiorari Jurisdiction : Supreme Court
The Supreme Court has held that the Writ of Certiorari cannot be issued by the High Court to review or reweigh the evidence based on which subordinate courts decided a matter. The Court reiterated that such a jurisdiction is issued only to correct errors of jurisdiction committed by Courts or Tribunals, but not for reappreciation of evidence or acting as a Court of appeal. Holding so, a bench...
Law Needed To Protect Right To Walk On Footpaths : Supreme Court Tells Centre
The Court also recommended that the Law Commission of India examine the issue.
Right To Walk A Fundamental Right; Authorities Have Duty To Demarcate Footpaths : Supreme Court
The Court held that motorists cannot negate the right o pedestrians to walk on footpaths.
LiveLaw Explainer | What Are Principles Of Promissory Estoppel
The Supreme Court has comprehensively restated the principles governing the doctrine of promissory estoppel, holding that governmental assurances are not empty declarations and that the State cannot arbitrarily withdraw promises on which citizens have acted to their detriment.In a judgment concerning the withdrawal of industrial incentives, the Court observed that promissory estoppel is...
Supreme Court Upholds Validity of Haryana Rule Deferring Compassionate Assistance For Kin Accused Of Murdering Govt Employee
The Court also clarified that 'compassionate assistance' was different from 'compassionate appointment'.
