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Ad Hoc Employee Can't Be Replaced By Another Ad Hoc Employee; Can Be Replaced Only By Regular Employee : Supreme Court
The Supreme Court has reiterated that an ad hoc employee cannot be replaced by another ad hoc employee and can be replaced by only a regularly appointed candidate."It is a settled principle of law that an ad hoc employee cannot be replaced by another ad hoc employee and he can be replaced only by another candidate who is regularly appointed by following a regular procedure prescribed", the...
Install Bird Diverters In Power Lines By July 20 : Supreme Court Directs Gujarat & Rajasthan To Protect Great Indian Bustard
The Supreme Court has directed the power producers in Gujarat and Rajasthan to take necessary steps to ensure timely completion of installation of bird diverters in power transmission lines to protect the endangered birds Great Indian Bustard and Lesser Florican from deaths due to collision.The Top Court also directed the States of Rajasthan and Gujarat as well as all power producers in...
To Claim Backwages, Dismissed Employees Must Plead That They Were Not Gainfully Employed; Only Then Burden Shifts To Employer : Supreme Court
The Supreme Court, on Friday, held that an employee whose services are terminated and who is desirous of getting back wages is obligated to either plead or at least make a statement at the first instance that they were not gainfully employed or was employed on lesser wages after being dismissed from service. It added that only then the burden would shift to the employer to...
Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court
The Supreme Court observed that the testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omissions.The bench comprising CJI NV Ramana, Justices Krishna Murari and Hima Kohli also observed that medical evidence adduced by the prosecution has great corroborative value.The court was considering appeals filed against the Patna High Court...
No Leniency To Employee Merely Because He Deposited Defrauded Amount And No Loss Was Caused To Department : Supreme Court
While setting aside the order substituting the removal of an employee to that of compulsory retirement, the Supreme Court observed that punishment imposed by a disciplinary authority can't be substituted merely on grounds that the employee had voluntarily deposited the defrauded amount."Being a public servant in the post office, the delinquent officer was holding the post of trust. Merely...
Section 27 Recovery Must Satisfy Court's Conscience; Prosecution May At Times Take Advantage Of Custody Of Accused By Other Means : Supreme Court
The Supreme Court has acquitted 4 persons affiliated to the National Development Front(NDF) in a case related to the murder of a member of the Communist Party of India(Marxist)(CPI(M)) in Kerala in 2002. The Court set aside the verdict of the High Court which had reversed the acquittal of these 4 accused by the trial court. At the same time, the Top Court affirmed the conviction of 5 others...
NEET PG : Doctor Moves Supreme Court Seeking Permission To Register As NRI Candidate In Counseling
A NEET PG aspirant has approached Supreme Court seeking permission to allow her to register for NEET PG 2021 counseling as NRI candidate. It was stated in the petition that in the fresh round of counseling in the mop-up round of NEET PG 2021 there is no provision to fill the category of candidate as NRI candidate. The bench of Justices DY Chandrachud and Suyra Kant although did...
Presiding Judge Should Give Adequate Reasons In Opinion On Sentence Remission U/Sec 433(2) CrPC : Supreme Court
The Supreme Court observed that a presiding officer of the sentencing court while giving opinion on a remission application should give adequate reasons. Inadequate reasons in the opinion of the presiding officer of the sentencing court would not satisfy the requirements of Section 432 (2) of the Code of Criminal Procedure, the bench comprising Justices DY Chandrachud and Aniruddha...
Supreme Court To Hear Plea Challenging Demolition Of Jhuggis In Delhi's Sarojini Nagar On April 25
The Supreme Court on Friday agreed to urgently list on 25th April the petition filed by jhuggi dwellers from Sarojini Nagar against the demolition/ eviction orders without rehabilitation or relocation of the Slum Dwellers.The petitioners have sought an ad-interim ex-parte order staying the operation of High Court's impugned judgment and demolition/eviction orders by Union of India...
Hate Speech : Supreme Court Seeks Centre's Response On Plea To Implement Law Commission Recommendations
The Supreme Court on Friday sought the Centre's response to a petition seekings directions to regulate hate speech. The petition seeks directions to Centre to examine the international laws relating to 'Hate Speech' and 'Rumor Mongering' and take apposite effective stringent steps to control the same particularly amid elections, and to advise the concerned authorities to file...
Supreme Court Upholds Constitutional Validity Of Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act
In its judgment upholding the attachment of properties of 63 Moons Technologies, the Supreme Court also rejected the challenge against the constitutional validity of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act 1999.In this case, the petitioner (63 Moons Technologies Ltd) before the Bombay High court had contended that the Section 4 of the MPID Act...
IT Rules 2021 : Supreme Court Lists Centre's Transfer Petitions & Connected Cases On May 9
The Supreme Court on Friday directed the listing of a batch of petitions related to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) on May 9.The matters include the transfer petition filed by the Central Government seeking to transfer to the Supreme Court the petitions filed in different High Courts challenging the IT Rules.When...