Illegal Appointees To Public Posts Have No Entitlement To Salary, Pension Or Other Monetary Benefits: SC [Read Judgment]

"Right to salary stricto sensu springs from a legal right to validly hold the post for which salary is claimed. It is a right consequential to a valid appointment to such post."

Mere Filing Of Suit For Recovery Of Money And Complaint U/s 138 NI Act Not A Ground To Quash Cheating Case Against Accused: SC [Read Judgment]

The Supreme Court has observed that mere filing of the suits for recovery of the money and complaint filed under Section 138 of the N.I. Act by itself is not a ground to quash the proceedings against the accused in a criminal breach of trust/cheating case.In this case, the High Court had quashed the proceedings against the accused in a cheating/breach of trust case mainly on the ground that...

Can Persons Holding Public Office Comment On Crimes? SC Constitution Bench To Hear From Wednesday

The Constitution Bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M R Shah and Ravindra Bhat will be hearing the following cases listed before it on 23rd October. KAUSHAL KISHOR vs. STATE OF UTTAR PRADESHCan Persons Holding Public Office Comment On Crimes ?The bench headed by Justice Dipak Misra, in August 2016, while considering a writ petition filed by father of a...

Consumer Protection: Can A 'Trust' File Consumer Complaint ? SC Refers To Larger Bench [Read Order]

"We find it difficult to accept that a “trust” would not come within the definition of a “consumer”.”

Free Flow Of Thought And Expression Is Very Important For Stability Of Society And For Change In Social Order: Justice Nageswara Rao

Justice Nageswara Rao, judge of the Supreme Court of India, delivered an enlightening speech on Fundamental Right to Freedom of Speech and Expression enumerated in the Constitution of India and, the balance that must be struck between these guaranteed Fundamental Rights and Government's intervention to curtail the same. 

Justice Rao was delivering the Third GL Sanghi Memorial Lecture....

Assessee Required To Get PAN Database Updated In Case Of Change Of Address: SC [Read Judgment]

'The Assessing Officer cannot be said to have committed any error and in fact the Assessing Officer was justified in sending the notice at the address as per the PAN database.'

Section 138 NI Act- 'Amount Due' Not Required To Be Proved As If Proving Debt Before Civil Court: SC [Read Judgment]

The Supreme Court has observed that a complainant in a cheque bounce case need not prove the 'amount due' as if he is to prove a debt before civil court.The case of the complainant was that the accused purchased apple crops from him and the accounts were finally settled between him and the authorised agent of accused and a sum of Rs.5,38,856/- was found recoverable. As the cheque bounced,...

Ayodhya Case : Parties Submit Written Submissions In SC On 'Moulding Of Relief'

On October 16, the 5-judge Constitution Bench of the Supreme Court reserved its judgment in the Ayodhya land dispute matter and asked all parties to submit their "moulding of relief" applications within 3 days. Today, the Hindu parties individually submitted their notes on what alternate relief they sought, if the primary relief of title/ownership was not granted to them, while all Muslim...

Inherent Powers U/s 482 CrPC To Quash Interlocutory Orders Can Be Invoked Only In Exceptional Cases: SC [Read Judgment]

"This can only be done in exceptional cases. This is, for example, where a criminal proceeding has been initiated illegally, vexatiously or without jurisdiction."

NDPS: Non-Compliance Of Section 50 During 'Personal Search' Cannot Invalidate Recovery From Vehicle: SC [Read Judgment]

"The mandate of Section 50 of the Act is confined to “personal search” and not to search of a vehicle or a container or premises."

Partnership Deed Cannot Automatically Bind Legal Heirs Of Deceased Partner: SC [Read Judgment]

"There cannot be any contract unilaterally without acceptance and agreement by the legal heirs of the deceased partner."

Arbitral Award Can Be Interfered With Only If Finding Is Perverse/Contrary To Evidence/Against Public Policy, Reiterates SC [Read Judgment]

"The Arbitral Tribunal is the master of evidence and the findings of fact which are arrived at by the arbitrators on the basis of the evidence on record are not to be scrutinized as if the Court was sitting in appeal."