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Sports Quota Admissions To MBBS/BDS: Supreme Court Quashes Midstream Policy Change In Punjab 2024 Session
The Supreme Court has set aside the midstream expansion of the zone of consideration for sports quota admissions to MBBS and BDS courses in Punjab, holding that altering admission criteria after the process has commenced violates settled principles of fairness, transparency and non-arbitrariness under Article 14 of the Constitution.A Bench of Justice Sanjay Kumar and Justice Alok Aradhe allowed...
Supreme Court Seeks Report From HCs On Formation Of Committees Across Courts/ Tribunals & Bar Bodies To Address Sexual Harassment
The Supreme Court of India on Tuesday sought status reports from the Registrars General of various High Courts on whether gender sensitisation committees and Internal Complaints Committees (ICCs) have been constituted in High Courts, District Courts and Bar Associations to address complaints of sexual harassment against women and transgender persons.A Bench comprising Chief Justice of India...
Public Sector Enterprise Can't Initiate Disciplinary Action Against Retired Employee If Rules Don't Expressly Enable It : Supreme Court
The Supreme Court on Tuesday (January 6) ruled that a public-sector corporation cannot initiate or continue disciplinary proceedings against an employee after retirement in the absence of an express enabling provision in its service regulations. A bench of Justices JK Maheshwari and Vijay Bishnoi quashed the post-retirement disciplinary action taken against a former employee of the...
Supreme Court Frowns Upon Practice Of Rich Accused Raising Constitutional Challenges To Avoid Trial
The Supreme Court today frowned upon the plea by a lawyer challenging S. 44(1)(c) of the PMLA and observed it to be an attempt to 'bypass the system' by 'affluent persons' facing trial in relation to the AugustaWestland Scam. The bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing a writ petition filed by lawyer Gautam Khaitan challenging the validity of S. 44(1)(c) of the...
Right To Speedy Trial Not Defeated By Gravity Of Offence; Prolonged Pre-Trial Detention Becomes Punishment: Supreme Court
The right to a speedy trial, guaranteed under Article 21 of the Constitution, is not eclipsed by the nature of the offence, the Supreme Court held, observing that prolonged incarceration of an undertrial, without commencement or reasonable progress of trial, effectively converts pre-trial detention into a form of punishment. The Court made these observations while granting bail to former...
Delhi-NCR Air Pollution : Supreme Court Slams CAQM For Lax Approach, Seeks Report On Causes & Long Term Solutions
The Supreme Court on Tuesday strongly criticised the Commission for Air Quality Management (CAQM) for what it termed an "unserious" approach towards addressing the persistent air pollution crisis in Delhi NCR, and directed the statutory body to urgently convene a coordinated meeting of domain experts and place a comprehensive report on record and in the public domain.A Bench comprising...
Forfeiture Of Earnest Money Given For Sale Agreement Impermissible When Buyer & Seller Are At Fault : Supreme Court
The Supreme Court observed that when both the buyer and seller were at fault in performance of a contract, it would be impermissible to order forfeiture of the earnest money deposited by the buyer, as it would unjustly enrich the seller. A Bench of Justices Vikram Nath and Sandeep Mehta heard the buyer's appeal against a Delhi High Court ruling which, while setting aside the trial court's...
Supreme Court Asks Haryana Govt If Case Against Prof Ali Khan Mahmudabad Can Be Closed
The Supreme Court today suggested that the State of Haryana take a lenient view and deny sanction to prosecute Ashoka University Professor Ali Khan Mahmudabad in the criminal case over his social media posts in the context of Operation Sindoor, as a one-time magnanimity.The Court also said that if the state is willing to show such leniency, it was crucial that Mahmudabad also 'behave...
Law Cannot Change With Change Of Bench; Coordinate Bench's Decision Binding : Supreme Court
While granting customs duty exemption to Adani Power for electricity from a Gujarat SEZ, the Supreme Court faulted the Gujarat High Court for violating the principle of stare decisis, holding that it wrongly ignored a binding coordinate bench ruling and reiterating that the law cannot change with a change in Bench. “The discipline of precedent is not a matter of personal predilection; it is...