Service Matters: Compilation Of High Court Judgments In 2022 [Part II]

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Here is a Digest on decisions relating to Service matters. This is the second of four parts of this Digest. First part here.101. If The Contract Is Extended By The Employer, It Cannot Be Allowed To Reduce The Period Of The Extension Retrospectively: Delhi High CourtCase Title: North...

Registry Has No Discretion, Newly Filed Cases Will Automatically Come On Specified Days : CJI DY Chandrachud

Chief Justice DY Chandrachud on Thursday, while hearing mentionings, stated that it was not necessary for members of the bar to mention a matter unless it was urgent. He stated that matters would automatically come up and that the registry had no discretion over the same. He said–"Actually, I request all the members of the bar, that you need not mention. As I already said ,the matters filed...

Various Measures Already Adopted To Curb ‘Money Power’ In Elections: Election Commission Tells Supreme Court

The Election Commission of India on Thursday reassured the Supreme Court that it had, time and again, adopted various measures to curb the menace of ‘money power’ in elections, such as the election expenditure monitoring mechanism in place since the 2010 Bihar Assembly elections, and “will continue to do so”. The apex court was informed that the central regulatory body, being...

Criminal Proceedings For Dowry Demand Cannot Be Quashed Merely Because Divorce Petition Is Pending: Supreme Court

The Supreme Court observed that criminal proceedings for demand of dowry cannot be quashed merely because divorce petition is pending.In this case, the husband filed an application for divorce on the ground that the wife is suffering from the disease AIDS. The wife, thereafter, lodged FIR alleging that husband was demanding luxury car by way of dowry. The Allahabad High Court quashed the...

Supreme Court Summons Home Secretaries Of 4 States, 2 UTs For Not Submitting Data On Proclaimed Offenders, Persons Jumping Bail/Parole

The Supreme Court on Tuesday revealed that the states of Madhya Pradesh, Goa, Nagaland, Tamil Nadu, and Telengana, and the union territories of Lakshadweep and Puducherry have failed to submit data with respect to the number of proclaimed offenders and the number of persons who have jumped bail or parole, as directed in an earlier order. While hearing a criminal appeal preferred by...

‘We Are Trying To See If He Improves His Behaviour’: Supreme Court Defers Sentencing Of Suraz India Trust Chairman Rajiv Daiya For Contempt

The Supreme Court, on Wednesday, deferred the sentencing of Suraz India Trust Chairman Rajiv Daiya, who has been found guilty of contempt of court for scandalising the Court and wasting its judicial time by filing repeated petitions with contemptuous allegations against judges and court staff.On May 1, 2017, the Supreme Court had imposed an exemplary cost of Rs.25 lakh on the NGO, Suraz...

Ram Setu Matter : Supreme Court Turns Down Subramanian Swamy's Plea To Summon Cabinet Secretary After Centre Fails To File Counter Affidavit

Rajya Sabha MP Dr.Subramanian Swamy urged the Supreme Court on Thursday to summon the Union Cabinet Secretary as the Union Government has not filed its counter-affidavit in his petition seeking national heritage status for Ram Setu. However, a bench led by Chief Justice of India DY Chandrachud turned down his request and gave Centre time till the first week of February 2023 to file...

Supreme Court Annual Digest 2022- Juvenile Justice Act

Juvenile Justice Juvenile Justice - Plea of juvenility could be raised in any court, at any stage even after the final disposal of the Special Leave Petition- Where the plea of juvenility is raised at a belated stage, often certain medical tests are resorted to forage determination in absence of the documents - While appreciating the evidence adduced on behalf of the accused in support...

AIADMK Leadership Rift : Supreme Court Reserves Judgement In O Paneerselvam's Plea

On Wednesday, the Supreme Court of India reserved its judgment in a batch of pleas relating to the political tussle between the two factions of AIADMK - Edappadi Palaniswami (EPS)and AIADMK leader and former Tamil Nadu Chief Minister O. Panneerselvam (OPS) for leadership. A Division Bench of Justices Dinesh Maheswari and Hrishikesh Roy asked all the parties to their written submissions...

Lack Of Substance Marks The Ongoing Tussle Between The Executive And The Judiciary

The ongoing turf battle between the Union Government and the Supreme Court’s Collegium is getting curiouser and curiouser. What initially appeared to be a contest for primacy over judicial appointments is now turning out to be an open display of discord between the Constitutional functionaries. While there should be no frequent public exhibition of bonhomie between the members of the Government and the Judiciary to ensure the independence of the latter, an exchange of barbs, as...

Govt Of NCT Vs UOI | No National Capital in Federal Systems Across World That Allows Services In Local Govt To Be Controlled By Centre: Adv Shadan Farasat Submits Before SC

The Supreme Court of India on Wednesday resumed hearing on the dispute between the Delhi government and the Union government regarding control of administrative services in the National Capital Territory of Delhi. The five-judge bench of Chief Justice D. Y. Chandrachud and Justices M. R. Shah, Krishna Murari, Hima Kohli and P. S. Narasimha heard Senior Advocate Dr. Abhishek Manu Singhvi...

Rights Recognised In Judgments Continue To Remain A Pipe Dream For Marginalised Groups : CJI DY Chandrachud

While speaking with Professor Vikramaditya Khanna, a professor of law at the University of Michigan Law School, Chief Justice of India DY Chandrachud said that the rights recognized by the Courts in judgment, such as abortion rights, remain unattainable for many marginalized groups."The rights which have been recognised in judgements like this continue to remain a pipe dream for many...