Supreme court
'Bank Bound To Follow Customer's Instruction': Supreme Court Holds Bank Liable For Wrongful Remittance To Third Party
Emphasising that banks must strictly adhere to customer instructions, the Supreme Court held that a bank cannot unilaterally divert funds contrary to the mandate given by its customer, and upheld the liability of Canara Bank for erroneously remitting USD 100,000 to a third party.A bench of Justices JB Pardiwala and R Mahadevan dismissed the bank's appeal, affirming a Madras High Court ruling that directed it to indemnify Archean Industries Pvt. Ltd. for the mistaken transfer.BackgroundThe...
Scrutinising Contradictions And Questioning Witness Credibility Beyond Scope Of S.319 CrPC : Supreme Court
The Supreme Court on Tuesday (March 17) observed that it is impermissible to conduct 'a mini trial' at the stage of summoning an additional accused under Section 319 Cr.P.C. A bench comprising Justices Sanjay Karol and Augustine George Masih set aside the Allahabad High Court's decision, which did a 'microscopic analysis' of the evidence and applied a standard of 'proof beyond a reasonable doubt' at the stage of summoning of an additional accused under Section 319 Cr.P.C. “…there are...
NGT Can't Order Removal Of Encroachment Raised In Violation Of Municipal Laws : Supreme Court
The Supreme Court has observed that the National Green Tribunal lacks jurisdiction to order the removal of an alleged encroachment, which was raised in violation of the Municipal Laws. A bench of Justices PS Narasimha and Alok Aradhe set aside the New Delhi NGT decision, which had ordered the removal of a Temple, which was illegally constructed on the land shown as open space/Park in Sector – 16A, Vasundhara, District Ghaziabad. The bench faulted the NGT's exercise of its power under Section...
Fraudulent Diversion Of Company's Funds Can't Be Cured By Subsequent Shareholder Ratification : Supreme Court
The Supreme Court on Tuesday held that diversion of funds raised through preferential allotment for purposes other than those disclosed to investors amounts to fraud under securities law, and cannot be cured by subsequent shareholder ratification.Allowing appeals filed by the Securities and Exchange Board of India (SEBI), a Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan set aside an order of the Securities Appellate Tribunal (SAT) which had exonerated Terrascope Ventures Ltd. and...
Bring Law Recognising Paternity Leave : Supreme Court Urges Union
The Supreme Court on Tuesday urged the Union Government to bring a law recognising paternity leave as a social security benefit. The Court observed that the duration of the leave must be determined to suit the needs of both the parents and the child.A bench comprising Justice JB Pardiwala and Justice R Mahadevan made this recommendation in a case concerning the constitutionality of the provision restricting maternity leave to adoptive mothers only if the age of the child is below 3 months.The...
Denying Maternity Benefits To Adoptive Mothers Of Children Above Three Months Unconstitutional: Supreme Court
The Supreme Court on Tuesday (March 17) held that Section 60(4) of the Social Security Code, 2020, which allow maternity benefit to an adoptive mother only if the adopted child is less than 3 months of age, is unconstitutional.The Court held that an adoptive mother should be entitled to maternity leave of 12 weeks, irrespective of the age of the adopted child. The Court read down the provision as follows: "A woman who legally adopts a child, or a commissioning mother, shall be entitled to...
Anganwadi Workers With Degree Not Barred From 29% Quota For Supervisors In Kerala: Supreme Court
The Supreme Court has held that Anganwadi Workers possessing a graduate degree are not barred from competing for the 29% quota earmarked for workers with SSLC qualification and 10 years' experience for appointment as Supervisors under the Integrated Child Development Scheme (ICDS). The Court clarified that the additional 11% earmarked for graduates is only an exclusive channel for them, and does not operate to exclude them from the broader 29% quota. Setting aside the Kerala High Court's...
Air Force Group Insurance Society Is 'State' Under Article 12 Of Constitution : Supreme Court
The Supreme Court has held Air Force Group Insurance Society to be a 'State' under Article 12 of the Constitution, amenable to Writ Jurisdiction. A bench comprising Justices Sanjay Karol and Vipul M Pancholi overturned the Delhi High Court's decision refusing to consider Air Force Group Insurance Society (“Society”) as 'State'. The bench held that since the Society performs a public...
Supreme Court Sets Aside Conviction Of 4 Men In Gang Rape Case Of 1998
The Supreme Court has set aside the rape conviction of four individuals in a gang rape case, raising doubts on the sole testimony of the prosecutrix.A bench of Justices Pankaj Mithal and Prasanna B. Varale heard an appeal against the Uttarakhand High Court's decision, which upheld the appellant's conviction for committing a rape and intimidating the victim-prosecutrix.In 2000, the trial...
Attempt To Settle Dispute Cannot Prevent Police From Taking Cognizance Of Crime : Supreme Court
The Supreme Court has observed that an attempt by the police to reconcile a dispute between the clashing groups would not bar them from registering an FIR for criminal acts. “The mere attempt at reconciliation cannot prevent the police from taking cognizance of criminal acts.”, observed a bench of Justices Sanjay Kumar and K. Vinod Chandran. The case arose out of a dispute between...