Onus To Prove That Employee Was Not Gainfully Employed During Period Of Dismissal Is On Employer : Supreme Court

The Supreme Court has observed that the onus to prove that an employee was not gainfully employed elsewhere when his service was terminated is on the employer.An employee is not required to prove the negative that he was not gainfully employed.Once he asserts that he is not gainfully employed, thereafter the onus will shift to the employer positively and it would be for the employer to prove...

Delhi-Dehradun Expressway Project : Supreme Court Reconstitutes Oversight Committee

The Supreme Court on Tuesday reconstituted the expert committee formed by the National Green Tribunal to oversee the compensatory afforestation for the Delhi-Dehradun Expressway project by including additional members.The Court directed that the Chairperson of the Committee will be Mr.CP Goyal, Director-General of Forests, Ministry of Environment, Forests and Climate Change. As per the NGT...

Our Democracy Today Starts With An Election, Ends With Its Results: Kapil Sibal

It's time for India to stand up..if we don't, democracy will perish, he said.

Sovereign Commitment To Portugal Binding On India; But Abu Salem Can't Seek Its Benefit Before November 2030 : MHA Tells Supreme Court

In an affidavit dated 18.04.2022, filed before the Supreme Court, Mr. Ajay Kumar Bhalla, Union Home Secretary, informed it that though the Government of India is bound by the Sovereign commitment made by it to the Portuguese Republic, while extraditing Abu Salem to India, the judiciary was not. However, a caveat was added that the question of honouring the assurance, which guaranteed...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-112]

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Supreme Court Seeks "Clear Stand" Of Karnataka Govt On Lifting Curbs On Iron Ore Export

While reserving orders on lifting the ban imposed on export of the iron ore in Karnataka and removal of the condition of sale only through e-auctions, the Supreme Court on Monday sought State of Karnataka's 'clear stand' with respect to these issues.The Court issued the direction after Addl. Advocate General Nikhil Goel appearing for the State of Karnataka submitted that the state is scheduled...

Involve NGOs, Child Rights Activists In Identification Process Of Children In Streets : Supreme Court Tells NCPCR

The Supreme Court, on Monday, asked the National Commission for Protection of Child Rights ("NCPCR") to involve Non-Government Organisations and individuals working in the field of Child Rights in the process of identifying the Children in Street Situations ("CiSS"). It also enquired if the access to the Bal Swaraj portal set up by the NCPCR could be provided to...

Supreme Court Seeks Status Reports From Centre, States On Registration Of Migrant Workers, Community Kitchens & Dry Ration

The Supreme Court on Monday called for compliance reports from the Union of India and the State governments on what further actions have been taken to comply with its June, 2021 directions in a suo moto case dealing with the problems of migrant workers.In its judgment delivered on 29th June 2021, the Court had directed all the states to implement the "one nation, one ration card" scheme and...

Model Builder-Buyer Agreement : Supreme Court Asks States/UT's To Share Information Sought By Ministry Of Housing

On a plea seeking a direction to the Center to frame model builder-buyer and agent-buyer agreements to ensure uniformity across the country, the Supreme Court on Monday directed the Chief Secretaries of States Union Territories to circulate the information sought by the the Secretary Ministry of Housing and Urban Affairs by May 15, 2022. The bench of Justices DY Chandrachud...

PG Medical Admissions : Supreme Court Directs MP Govt To Allot In-Service Quota Seat To Doctor Who Served Tribal, Naxalite Areas

The Supreme Court on Monday granted relief to a lady doctor who served the tribal and Naxalite hit villages of the State of Madhya Pradesh for more than 11 years. A bench of Justices DY Chandrachud and Surya Kant directed the State of Madhya Pradesh to treat her as an "in- service candidate" and allot her a seat in MS Obstetrics and Gynaecology in GMC, Bhopal. The directions were...

'Don't Play Games With Us' : Supreme Court Pulls Up GainBitcoin Scam Accused For Non-Compliance Of Direction To Share Passwords, Usernames

The Supreme Court on Monday deprecated GainBitcoin scam accused Amit Bhardwaj for not complying with the direction to disclose user name and password of Crypto Currency Wallets to Enforcement Directorate ("ED")."The dignity of the Supreme Court has to be maintained. We are not some Tis Hazari Court Court", a bench comprising Justices DY Chandrachud and Surya Kant told the counsel of...

Victim Has The Right To Be Heard At Every Stage From Investigation To Culmination Of Trial In Appeal/Revision : Supreme Court

The Supreme Court, on Monday, held that a 'victim' as defined under Section 2(wa) of the Code of the Criminal Procedure. 1973 has a right to be heard at every step post the occurrence of the offence, including the stage of adjudication of bail application of the accused."A 'victim' within the meaning of Cr.P.C. cannot be asked to await the commencement of trial for asserting his/her right...