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Model Builder-Buyer Agreement: Supreme Court Asks Amicus & Centre To Provide A Roadmap
In a plea seeking direction to the Centre to frame model builder-buyer and agent-buyer agreements to ensure uniformity, the Supreme Court, on Friday, asked the Amicus Curiae and Additional Solicitor General, Ms. Aishwarya Bhati appearing on behalf of the Ministry of Housing and Urban Affairs, Govt. of India (Ministry), to provide a roadmap to the future, so that it can...
"Suitable Employment" For Compassionate Appointment Must Be Understood With Reference To The Post Held By The Deceased Employee: Supreme Court
The Supreme Court observed that "suitable employment" for compassionate appointment must be understood with reference to the post held by the deceased employee. The superior qualification held by a dependent cannot determine the scope of the words "suitable employment", the bench comprising Justices KM Joseph and Hrishikesh Roy observed while interpreting Rule 5 of the Uttar Pradesh...
Supreme Court Seeks Production Of PIL Filed Before HC Seeking Probe Against Jharkhand CM Hemant Soren
The Supreme Court on Friday asked Jharkhand Chief Minister, Hemant Soren, to submit a copy of the writ petition filed before the High Court which sought an independent probe against him for alleged money laundering through shell companies. The direction was passed by a Division Bench of Justices UU Lalit and S Ravindra Bhat while hearing the petitions moved by the State of Jharkhnad...
Supreme Court Dismisses Plea Challenging Provision Allowing Use Of EVMs
The Supreme Court, on Friday, refused to entertain a plea challenging the constitutional validity of Section 61A of the Representation of the People Act (Act), which pertains to the use of EVMs in elections. Noting that there is no merit in the present Public Interest Litigation, a Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh dismissed it. "We find no merit in...
Hold In-Camera Trial In All Sexual Harassment Cases, Apart From Rape Cases; Disallow Questions On Sexual History : Supreme Court To Trial Courts
Reiterating the importance of the Courts dealing with the victims of sexual crimes in a sensitive manner, the Supreme Court has issued a slew of directions to the trial courts to avoid agony and harassment for women who file complaints of sexual harassment.The Court directed that in-camera trials should be allowed in all cases relating to sexual harassment. As per Section 327 of the Code...
"Smear Campaign" : KIIFB Moves Kerala High Court Challenging ED Summonses; Questions Agency's Jurisdiction To Probe Masala Bond Issue
In a significant development, the Kerala Infrastructure Investment Fund Board (KIIFB), a statutory body constituted for mobilization of funds for developmental projects in the State, has approached the Kerala High Court challenging the summonses issued by the Enforcement Directorate (ED).The ED action is with respect to alleged violations of the Foreign Exchange Management Act (FEMA) by...
Supreme Court Half Yearly Digest 2022 - Code of Criminal Procedure 1973
Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that the written complaint was indeed filed...
Supreme Court Issues Notice On Kerala Govt Plea To Restore UAPA Charges Against Alleged Maoist Leader
The Supreme Court on Friday issued notice in a petition preferred by the State of Kerala against Kerala High Court's order of discharging alleged Maoist leader Roopesh accused of charges under Unlawful Activities (Prevention) Act and sedition under Section 124A (sedition) of the Indian Penal Code on the ground of irregularities in the order granting sanction for prosecution. The bench...
Continuity Of Service With Back Wages Can Be Directed In Cases Where The Retrenchment Was Not Bona Fide : Supreme Court
The Supreme Court observed that continuity of service can be directed in cases where the retrenchment was not bona fide.Armed Forces Ex Officers Multi Services Cooperative Society Ltd 'retrenched' the services of fifty-five employees, on the grounds that it had closed its business. Retrenchment compensation as per Section 25F of the Industrial Disputes Act, 1947, was also offered. Before...
'FIRs On Sulli Deal Are Different As Victims Are Different' : Supreme Court Refuses To Stay Proceedings Against Alleged App Creator
The Supreme Court on Friday refused to stay the court proceedings in the multiple cases registered against Aumkareshwar Thakur, the alleged creator of the "Sulli Deals" apps which was used to do an online auction of several Muslim women.A bench comprising Justices Sanjay Kishan Kaul and MM Sundresh issued notice to the Governents of Delhi, UP and Maharashtra on the writ petition filed by...