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Qualification Prevailing On The Date Of Applying For Compassionate Appointment Is To Be Considered : Supreme Court
The Supreme Court observed that the qualification prevailing on the date of applying for compassionate appointment is to be considered and not the date on which the application for compassionate appointment is considered.In this case, the Central Administrative Tribunal directed the Delhi Jal Board to consider the candidature of an applicant for the post of Lower Division Clerk (LDC). The...
All India Muslim Women's Personal Law Board Approaches Supreme Court Against Extra-Judicial & Unilateral Talaq
The All-India Muslim Women's Personal Law Board has moved Supreme Court seeking against unilateral forms of divorce by Muslim husbands by pronouncement of talaq as per the personal law.The Board seeks to declare divorce given to Muslim women without following the due procedure as null & void with retrospective effect.The Board sought a direction from the Court to declare that divorce given...
Supreme Court Quarterly Digest on Bail July- September, 2022
Bail - Economic Offences - The gravity of the offence, the object of the Special Act, and the attending circumstances are a few of the factors to be taken note of, along with the period of sentence. After all, an economic offence cannot be classified as such, as it may involve various activities and may differ from one case to another - It is not advisable on the part of the court...
Supreme Court Refuses To Entertain Plea Challenging Decrease In Number of BMC Councillors; Gives Liberty To Move HC
The Supreme Court, on Wednesday, granted liberty to the petitioner, inter alia, challenging the decision of the present Maharashtra Government to reduce the number of BMC councillors from 236 to 227, to approach the Bombay High Court. The writ petition assails the constitutional validity of Maharashtra Ordinance No. VII of 2022, which it claims to have 'put the clock back' and annulled...
Supreme Court Extends Ad-Interim Stay On ED Probe Against TN Minister Anitha Radhakrishnan
The Supreme Court of India on Wednesday extended the ad-interim stay granted by the Madras High Court to the Minister of Fisheries, Fishermen Welfare and Animal Husbandry for the State of Tamil Nadu, Anitha Radhakrishnan against probe by Enforcement Directorate in a money laundering case. The High Court had vacated the ad-interim stay granted to Anitha on August 4. This...
Supply Of Illegible/Blurred Copies Of Documents Relied By Detaining Authority Amounts To Violation Of Detenu's Fundamental Right U/Art 22(5) Of Constitution: Supreme Court
The Supreme Court observed that the supply of illegible or blurred copies of the documents relied upon by the detaining authority amounts to violation of Article 22(5) of the Constitution.The detenu is always entitled to be supplied with the legible copies of the documents relied upon by the detaining authority and such information made in the grounds of...
Res Judicata Is Attracted Not Only In Separate Subsequent Proceedings But Also At Subsequent Stage Of The Same Proceedings : Supreme Court
The Supreme Court observed that the doctrine of res judicata is attracted not only in separate subsequent proceedings but also at subsequent stage of the same proceedings.A binding decision cannot be ignored even on the principle of per incuriam because that principle applies to the precedents and not to the doctrine of res judicata, the bench of Justices Dinesh Maheshwari and Aniruddha...
Designated Commercial Courts Subordinate To Rank Of Principal Civil Judge In The District Can Hear Appeals/Application Under Arbitration Act: Supreme Court
The Supreme Court observed that Commercial Courts which are subordinate to the rank of the Principal Civil Judge in the District has jurisdiction to hear applications/appeals under Arbitration and Conciliation Act,1996.The bench of Justices MR Shah and Krishna Murari rejected the contention that all applications/appeals arising out of arbitration (other than the ...
Don't Interrupt An Advocate While Arguing, Flow Should Not Be Disturbed : Supreme Court
The Supreme Court of India on Wednesday cautioned advocates to refrain from interrupting advocates from the other side while they make arguments. A Bench of Justices Ajay Rastogi and CT Ravikumar, while considering hearing the St.Stephen's case, observed that advocates can't keep interrupting their counterparts just because they don't agree to the arguments advanced. "Just because...
Profit Oriented Educational Trusts Can't Claim Income Tax Exemption; Education Must Be Sole Objective : Supreme Court
The Supreme Court held that educational trust or societies, which seek exemption under Section 10 (23C) of Income Tax Act, should solely be concerned with education, or education related activities.Where the objective of the institution appears to be profit-oriented, such institutions would not be entitled to approval , the bench of CJI Uday Umesh Lalit, Justices S. Ravindra Bhat and P...
Supreme Court Refuses Interim Relief To St.Stephen's College; No Interviews For Admissions In Non-Minority Category
The Supreme Court of India on Wednesday refused to stay theDelhi High Court judgment which directed St. Stephen's College to conduct admissions in non-minority category as per CUET scores without holding interview. The Court dismissed the application filed by the College seeking interim relief. Consequently, the College will have to carry out admissions in the open category as per the norms...