EPF Pension Case : Why Annual Reports Don't Reflect Potential Financial Burden? Supreme Court Asks Union, EPFO [Day 6 Hearing]

On the final day of hearing the EPF Pension case, the Supreme Court on Thursday asked the Union of India why the annual reports did not reflect the potential financial burden that would befall the government if pensioners are allowed to opt for the Pension Scheme retrospectively and beyond the Rs 15,000 wage limit. A bench of Justices UU Lalit, Sudhanshu Dhulia and Aniruddha Bose...

Courts Today- A Daily Round Up Of Important Legal Developments- 11.8.2022

...

45 Days Time Limit For Filing Application U/Sec 17 SARFAESI Act Is Meant For Quick Enforcement Of Security : Supreme Court

The Supreme Court observed that a time limit of 45 days for filing an application under Section 17 of SARFAESI Act is provided for quick enforcement of the security.As per Section 17 of the SARFAESI Act, the application against measures to recover secured debts, has to be filed before the Debts Recovery Tribunal within forty five days from the date on which such measure had been taken.In...

Suspicion However Strong Cannot Be Ground For Conviction : Supreme Court Acquits Murder Accused

An accused cannot be convicted on the ground of suspicion, no matter how strong it is, the Supreme Court reiterated while acquitting an accused in a murder case.In this case, the accused Ram Niwas was accused of murder of one Dalip Singh. The Trial Court convicted him under Section 302 IPC which was confirmed by the Punjab and Haryana High Court.In appeal before the Apex Court, Advocate...

Rajiv Gandhi Assassination Case Convict Nalini Moves Supreme Court Seeking Premature Release

S. Nalini, convict in the Rajiv Gandhi assassination case has moved the Supreme Court seeking premature release. She has impugned the order of the Madras High Court, by which her plea for early release had been dismissed. While dismissing her plea a Division Bench of the Madras High Court comprising Chief Justice Munishwar Nath Bhandari and Justice N Mala had observed that the High...

EPF Pension Case : Supreme Court Reserves Judgment On Appeals Of EPFO

The Supreme Court on Thursday reserved judgment on the appeals filed by the Employees Provident Fund Organization challenging the Kerala, Rajasthan and Delhi High Court judgments which had quashed the Employee's Pension (Amendment) Scheme, 2014.A 3-judge bench comprising Justices Uday Umesh Lalit, Aniruddha Bose and Sudhanshu Dhulia reserved judgment after 6-days of hearing.In 2018, the...

Is Prosecution For IPC Offences Barred After Case Under Section 138 NI Act?Supreme Court Refers To Larger Bench

Whether on similar set of allegations of fact, the accused can be tried for an offence under Negotiable Instruments Act which is special enactment and also for offences under Indian Penal Code unaffected by the prior conviction or acquittal? The Supreme Court has referred this question to a larger bench.The bench comprising Justices S. Abdul Nazeer and JK Maheshwari was considering a...

Freebies Issue : Supreme Court Says Balance Needed Between Economy & Welfare Of People

While considering a plea seeking directions to the Election Commission of India to not permit political parties to promise freebies during election campaigns, the Supreme Court on Thursday stressed on creating a balance between the welfare of the State and the economic strain on the public exchequer. ."Economy losing money and the welfare of people, both have to be balanced. That's why...

Civil Court's Jurisdiction Not Ousted By Industrial Disputes Act When Matter Relates To Only Correction Of Employee's Date Of Birth : Supreme Court

The Supreme Court has held that the jurisdiction of the civil court in relation to the correction of date of birth of an employee is not ousted by the Industrial Disputes Act 1947.The Court stated that the jurisdiction of the civil court is ousted if it is a matter relating to the enforcement of a right under the Industrial Disputes Act.The Bench was considering an appeal plea moved by...

AIFF Elections : Supreme Court Says It Will Interfere If Attempts Are Made To Sabotage Hosting Of FIFA Tournament By India

In the matter related to the elections of All India Football Federation (AIFF), the Supreme Court on Thursday indicated that it will not hesitate from interfering if attempts are made to undermine the hosting of the 2022 FIFA Under-17 Women's World Cup by India.The Court was hearing a contempt petition filed by the Committee of Administrators (CoA) of the AIFF alleging that the ousted...

Chief Justice Of India Should Have No Power To Assign Cases To Benches, Allotment Must Be Automated : Dushyant Dave

Senior Advocate Dushyant Dave has expressed concerns about the process of assigning cases to benches of the Supreme Court by the Chief Justice of India as the "Master of Roster".Speaking in an interview with Manu Sebastian, Managing Editor of LiveLaw, Dave said :"I feel that the Chief Justice as the Master of the Roster should have no power at all to assign any matter to any bench. The...

CJI Ramana Stresses On Need For Simple Judgments And Accurate Legal Reporting

The Chief Justice of India, N.V. Ramana, was invited as the Chief Guest for the launch of "Supreme Court Cases (SCC) Pre '69" by the Eastern Book Company. While addressing the gathering, CJI Ramana propagated for simpler language to be used by judges while writing judgements. He stated that the reasoning and conclusion of a judgement must be clear so that the consumer of justice knows the...