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Employee Found Unsuitable For Job Can Be Dismissed Without Notice During Probationary Period : Supreme Court
The Supreme Court recently reiterated the distinction between simpliciter termination and punitive termination. This distinction is crucial since if the order of termination is punitive or stigmatic in nature, it becomes mandatory to conduct an inquiry following the procedure and an opportunity to be heard has to be given. Failure to do so may make such termination/discharge illegal and...
Hapur Incident: Allahabad High Court Holds Special Sitting On Saturday, Forms Judicial Committee For Lawyers' Grievance Redressal
In a special sitting of Allahabad High Court on Saturday, a judicial committee has been constituted to address the grievances of the lawyers regarding the Hapur Incident. The committee comprises sitting judges of the Allahabad High Court, Justice Manoj Kumar Gupta (as the Chair), Justice Rajan Roy and Justice Mohd. Faiz Alam Khan. It further includes Advocate General of Uttar Pradesh or...
'State Assisted Accused, Failed To Prosecute Fairly': Supreme Court Directs Bihar Govt To Compensate Victims In 1995 Double Murder Case
Last week, the Supreme Court sentenced former Member of Parliament (MP) and Rashtriya Janata Dal (RJD) leader Prabhunath Singh to life imprisonment in the double murder case of 1995. While pronouncing the sentence, the Apex Court also directed compensation of Rupees 10 lakh each for both the deceased and Rs 5 lakhs each for the injured in the incident, to be paid by the Bihar Government and...
Jharkhand High Court Orders ₹8 Lakh Compensation To Man Falsely Accused In NDPS Case, Jailed For 8 Yrs
The Jharkhand High Court has directed the Additional Director General of the Narcotics Control Bureau (NCB), Sub Zone, Ranchi to pay a compensation of Rs. 8 lakhs to a man who was falsely implicated in a NDPS (Narcotic Drugs and Psychotropic Substances) and remained in jail custody for about 8 years for a crime which he did not commit.Justice Sanjay Kumar Dwivedi observed, “In view of above...
Fact Check: Did The Supreme Court Really Allow Advocates To Solemnize Marriages In Their Chambers?
Recently, several media reports have been doing the rounds stating that the Supreme Court has allowed advocates to solemnize marriages in their chambers under the Hindu Marriage Act 1955, overruling a Madras High Court judgment that held such marriages to be invalid. However, contrary to what several media reports claim, what the Apex Court actually held in its recent ruling was that...
Ashok Swain Moves Delhi High Court Against Fresh Order Cancelling His OCI Card, Says Can’t Be Witch-Hunted For Views On Current Govt
Academic and writer Ashok Swain has once again moved the Delhi High Court challenging a fresh order issued by the Central government cancelling his OCI card, stating that he cannot be witch-hunted for his views on current government or its policies. The fresh order was passed on July 30 after the court on July 10 quashed an earlier similar order and asked the Centre to pass a detailed...
S.370A IPC Not Attracted To Brothel Customers Unless It Is Shown They Had Knowledge That Sex-Worker Was Trafficked: Telangana High Court
The Telangana High Court has held that Section 370A of the Indian Penal Code cannot be interpreted to include a 'customer' within its ambit, unless there is evidence to prove that he had knowledge or reason to believe that the sex-workers were trafficked."...the complainant is always the Police Agency, who raids on the brothel houses, and that at that particular point of time, the...
Supreme Court Half Yearly Digest 2023 -Constitution Of India
Article 299 - No immunity from statute merely because a contract is entered in the President's name. Glock Asia-Pacific Ltd. v. Union of India, 2023 LiveLaw (SC) 459 : AIR 2023 SC 2777 : 2023 INSC 568The Writ Court cannot stop implementation of a statutory provision without holding it unconstitutional. Dhanraj v. Vikram Singh, 2023 LiveLaw (SC) 456Non-tribal person's right to settle down...
Old Goa Heritage Zone : Supreme Court Says HC Should Have Relegated Matter To ASI Instead Of Quashing Order To Demolish Structure
Recently, a Division Bench of the Supreme Court has issued a notice in a Special Leave Petition filed by the Save Old Goa Action Committee, assailing an order passed by the Bombay High Court. By its impugned order, the High Court(Goa Bench) has set aside an order passed by the Archaeological Survey of India (ASI) to demolish a residential house, in the UNESCO heritage zone in Old Goa city...
EVMs Non-Tamperable, Demand For 100% VVPAT Verification ‘Regressive’: Election Commission Tells Supreme Court
Ahead of the 2024 Lok Sabha elections, the Election Commission of India (ECI) has staunchly defended electronic voting machines (EVM) as ‘non-tamperable’, both owing to technological measures and strict administrative and security procedures designed by the commission. In a recent affidavit filed in the Supreme Court, the commission has stated – “The electronic voting...
SLP Cannot Be Filed To Challenge An Order Passed By High Court On Administrative Side: Supreme Court
The Supreme Court observed that a special leave petition challenging an order passed by High Court on the administrative side.In this case, the petitioner assailed the administrative order passed by the Chief Justice of the High Court of Telangana which rejected his plea to implement the directions of the CJI for online hearing and permit him to file contempt petition/other petition online and...