BREAKING| Gurugram Namaz Issue : CJI Agrees To Give Immediate Listing To Plea Seeking Contempt Action Against Haryana Officials

The Chief Justice of India NV Ramana on Monday agreed to give urgent listing to a petition seeking contempt action against the officers of the State of Haryana for their alleged inaction in preventing the disruption of Namaz offerings by the Muslim community in open designated places in Gurugram.Senior Advocate Indira Jaising mentioned the petition before the CJI."This is not only based...

Scheme Providing Backdoor Entry Into Service Violates Article 16 : Supreme Court On Railways LARGESS Scheme

The Supreme Court on Tuesday reiterated that the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff notified by the Railways ("LARSGESS Scheme") provides an avenue for backdoor entry into service and is contrary to the mandate of Article 16 which guarantees equal opportunity in matters of public employment.The bench of Justices DY Chandrachud and AS Bopanna...

Courts This Week - A Weekly Round Of Important Legal Developments In The Country [Episode-100]

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Civil Court Jurisdiction Excluded From Landlord-Tenant Disputes Covered Specifically By State Rent Acts : Supreme Court

The Supreme Court has held that the jurisdiction of civil courts are excluded from landlord-tenant disputes when they are specifically covered by the provisions of the State Rent Acts, which are given an overriding effect over other laws.The Court held this while explaining the interplay between the Burmah Shell (Acquisition of Undertakings) Act, 1976 and the Haryana (Control of Rent...

NDPS Act- Recovery Made Otherwise Not Vitiated Merely Because Personal Search Violated Section 50: Supreme Court

The Supreme Court, in an order passed last week, rejected an interpretation that if the personal search is vitiated by violation of Section 50 of the NDPS Act, the recovery made otherwise also would stand vitiated."We cannot give such an extended view", the bench comprising Justices Sanjay Kishan Kaul and MM Sundresh said while dismissing an appeal filed by an accused who was concurrently (by...

MACP Scheme Has Noting To Do With Next Promotional Post; Employee Merely Entitled To Immediate Next Higher Grade Pay : Supreme Court

The Supreme Court has observed that Modified Assured Career Progression (MACP) Scheme has nothing to do with the next promotional post and what the employee would be entitled would be the immediate next higher grade pay in the hierarchy of the recommended revised pay bands.The bench of Justices MR Shah and Sanjiv Khanna was considering a civil appeal assailing Kerala High Court's order...

Registration Act Does Not Contemplate Inquiry Into Whether PoA Holder Who Executed Document Had Valid Power Of Attorney: Supreme Court

The Supreme Court observed that the production of the original power of attorney is not necessary, if the document is presented for registration by the power of attorney holder who executed the document on the strength of it."The inquiry contemplated under the Registration Act, cannot extend to question as to whether the person who executed the document in his capacity of the power of...

Maternity Benefits In India: A Look At The Well-Intended But Misguided Law

The persisting global gender gap in the workforce has created a dire need to make inclusive policies to augment women's participation in the labor force and in lieu of this, several countries around the world have formulated liberal maternity benefit provisions so that motherhood does not become a reason for women to opt-out of the workforce. In India itself, the female...

Supreme Court Directs Karnataka Govt To Complete MDS Admissions Within TimeLine Extended By Centre

The Supreme Court on January 28, has directed the State of Karnataka to adhere to the extended timeliness permitted by the Union Ministry of Health and Family Welfare, to complete the process of counselling for admission to PG courses in MDS for the academic year 2021-22 session. A division bench of Justice D Y Chandrachud and Justice Sanjiv Khanna took on record the communication...

Rules Made To Exercise Powers And Privileges Of State Legislature Constitute Law Within The Meaning Of Article 13: Supreme Court

In its judgment quashing Maharashtra Assembly's Resolution to suspend 12 BJP MLAs, the Supreme Court held that the rules made to exercise the powers and privileges of State Legislature constitute law within the meaning of Article 13."The Rules framed by the Legislative Assembly under Article 208 of the Constitution is the procedure established by law for the purpose of Article 21...

Supreme Court Weekly Roundup: January 24 To January 30, 2022

JUDGMENTS THIS WEEK1. Supreme Court Expands Definition Of 'Vulnerable Witnesses'; Directs HCs To Frame Vulnerable Witness Deposition SchemeCase Title: Smruti Tukaram Badade v. The State Of Maharashtra and AnrCitation : 2022 LiveLaw (SC) 80Noting that "the need for and importance for setting up special facilities which cater to the creation of a safe and barrier-free environment for recording...

Know the Constitution[ Part III]: Union and Its Territory - Articles 1 To 4

Article 1-4: Union and its TerritorySpeaking at an event recently, Justice Gautam Patel of the Bombay High Court had noted that the "Constitutional Idea of India" lay not in the chapters on Fundamental Rights or Duties but rather in Article 1 of the Constitution."Everything in the Constitution flows from this Article. This has to be THE Idea of India for without which India cannot exist. What...