Supreme Court Weekly Round Up : September 12 To September 17,2022

Hyderpora Encounter - "Decent Burial Given, Last Rites Performed By State" : Supreme Court Dismisses Father's Plea For Handing Over Son's BodyCase Status: Mohammad Latief Magrey v. Union Territory of Jammu Kashmir And Ors. SLP(C) No. 12743/2022 Observing that Amir Magrey, who was killed by security forces in the Hyderpora encounter in Jammu and Kashmir was given a decent burial by the...

Disburse Arrears Under One Rank One Pension Scheme In Three Months : Supreme Court To Centre

The Supreme Court, on Friday, asked the Central Government to disburse the arrears to eligible pensioners of the armed forces within a period of 3 months. It extended the three months period granted to the Central Government in its judgment dated 16.03.2022, wherein the Apex Court had upheld "One Rank One Pension" ("OROP") Scheme in Defence Forces. "Time period of 3 months fixed in...

Federalism Most Suited Idea For India In View Of Its Diversity, Centralising Whole Things Will Lead To Troubles : Justice Chelameswar

Former Supreme Court judge Justice Jasti Chelameswar on Saturday remarked the the idea of Federalism is the most suitable idea for India, in view of its diversity. "The minute you try to centralize the whole thing and create a model which you believe is good for the entire country and for all the states and all the classes of people, then we are into trouble", he said.He was talking at a...

Supreme Court Half Yearly Digest (Jan - Jun) Administrative, Labour & Service Laws

Administrative Law - Appeal challenging adverse Remarks made in the Allahabad HC judgment regarding a Statutory authority - Allowed - Even if the High Court found that the impugned actions of the authorities concerned, particularly of the appellant, had not been strictly in conformity with law or were irregular or were illegal or even perverse, such findings, by themselves, were not...

Andhra Pradesh Govt Moves Supreme Court Against High Court Direction To Develop Amaravati As Capital

Andhra Pradesh Government has moved the Supreme Court assailing the judgment of the Andhra Pradesh High Court which declared Amravati to be the only capital of the State.The petition filed by Advocate Mehfooz Nazki highlights four core issues on which the petition challenges the order:1. The issue had become infructuous since the impugned legislations had been repealed.2. Under the...

4 Ps Essential For A Successful Lawyer : Justice MR Shah's Advice To Young Law Graduates

Supreme Court judge Justice MR Shah on Saturday while speaking at the 9th Convocation Ceremony of National Law University Odisha advised young law graduates to never compromise with their ethics and to always live a life full of honesty and integrity. The ceremony was also graced by Supreme Court judge Justice D.Y Chandrachud and Chief Justice of India U.U. Lalit who delivered the...

Law Seeks To Displace Tyranny With Accountability: Justice DY Chandrachud

Supreme Court Justice D.Y. Chandrachud was invited as the Guest of Honour for the Ninth Annual Convocation of National Law University, Odisha. In his address, Justice Chandrachud stated that society could survive and be stable so long as law encouraged inclusion and plurality.On being welcomed by a huge round of applause by the students, Justice Chandrachud said– "You really made my day by...

'Legal Aid Work A Bit Neglected': CJI UU Lalit Urges Young Law Graduates To Devote Time To Legal Aid

Chief Justice of India (CJI) UU Lalit on Saturday while delivering the convocation address at the 9th Convocation Ceremony of National Law University Odisha highlighted that the legal aid work in the country is neglected and therefore urged young law graduates to devote their time and energy in providing legal aid services as much as possible. Recounting his experience as the Executive...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-133]

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Supreme Court Reinstates Judicial Officer Who Was Terminated Citing 'Dheeraj Mor' Judgment

The Supreme Court directed reinstation a judicial officer of Bihar who was terminated from service citing the judgment in Dheeraj Mor v. High Court of Delhi (2020) 7 SCC 401.The bench of Justices BR Gavai and CT Ravikumar observed that the Dheeraj Mor (supra) case is not applicable in the peculiar facts and circumstances of the present case.Sunil Kumar Verma had applied to the post of...

Disputes Related To Tax Concessions Are Not Arbitrable: Supreme Court

The Supreme Court has held that disputes related to tax concessions are not arbitrable. The division bench of Justice Dhananjaya Y Chandrachud and Justice Hima Kohli has observed that the High Court was in error in holding that the terms of e-auction provided that any dispute was arbitrable. Undoubtedly, a contractual dispute would be amenable to being resolved by arbitration. However,...

Order I Rule 10 CPC - Nobody Can Be Permitted To Be Impleaded As Defendants Against The Wish Of The Plaintiffs Unless Court Suo Motu Directs: Supreme Court

The Supreme Court reiterated that the plaintiffs are the dominus litis and unless the court suo motu directs, nobody can be permitted to be impleaded as defendants against the wish of the plaintiffs.The bench comprising Justices MR Shah and Krishna Murari observed that non-impleading the subsequent purchasers as defendants on the objection raised by the plaintiffs shall be at the risk of...