Courts Cannot Compel Plaintiff To Accept Compensation In Lieu Of Injunction When No Such Prayer Made : Supreme Court

The Court criticised the High Court for compelling the plaintiff to accept compensation instead of directing the removal of encroachments.

CBSE Class XII Boards : Supreme Court Disposes Plea As CBSE Brings Formula To Assess Private Students From Gulf

The Centre informed the Supreme Court on Monday (June 22) that it has notified a national policy addressing the situation of private students from Gulf countries affected by the cancellation of CBSE Class XII Board exams due to the recent international crisis in the Gulf region. Solicitor General Tushar Mehta, appearing for the Union, informed the bench comprising Justice SVN Bhatti and Justice Vipul M Pancholi that a fresh all-India policy has been framed to address the concerns of similarly...

Employee Who Didn't Inform Employer Of Address Change Can't Raise Plea Of Non-Receipt Of Show-Cause Notice : Supreme Court

The Supreme Court has set aside a Labour Court award directing reinstatement of an employee with back wages, holding that an employee who remained absent without authorization and failed to substantiate claims of being prevented from rejoining duty cannot seek relief on the basis of unverified assertions.The employee contended that the notice never reached him because it was sent to his...

Supreme Court Imposes ₹2 Lakh Cost On Chhattisgarh For Challenging Compensation To Landowners After Decades Of Illegal Occupation

The Court noted that the State unauthorisedly took over the possession of private land and occupied it for a prolonged period.

Financier Can't Claim Insurance Over Theft Of Vehicle Surrendered By Insured Owner : Supreme Court

The Supreme Court has held that a mere surrender of an insured vehicle by its owner to another person, who had financed the purchase of a vehicle, would not be sufficient for the financer to claim indemnification in the event of loss or theft of a vehicle. A bench of Justice Sandeep Mehta and Justice Vijay Bishnoi refused to interfere with the National Consumer Disputes Redressal...

Dowry Deaths : How Supreme Court Has Repeatedly Raised Concerns Over Continuing Dowry Menace

The death of Twisha Sharma in Bhopal, which prompted the Supreme Court to initiate suo motu cognisance of allegations of institutional bias and procedural lapses and a CBI investigation, and the death of Deepika Nagar in Greater Noida amid allegations of dowry harassment have once again brought public attention to the issue of deaths of married women in their matrimonial homes.Even...

Child Protection Principles Under POCSO Act Should Guide Custody Proceedings Too: Supreme Court

The Court said that child victims should not be exposed to processes causing further emotional harm.

LiveLaw Explainer| Key Principles Of Constructive Res Judicata

The Supreme Court has reiterated that the doctrine of constructive res judicata, embodied in Explanation IV to Section 11 of the Code of Civil Procedure, is aimed at preventing parties from litigating in instalments and ensuring finality in judicial proceedings. Drawing from a long line of authorities including Kameswar Pershad v. Rajkumari Ruttun Koer, Daryao v. State of Uttar Pradesh 1961...

Consumer Forum's Jurisdiction Not Ousted By Mere Existence Of Arbitration Clause : Supreme Court

The Supreme Court recently held that the mere existence of an arbitration clause in an agreement would not preclude the consumer forum from adjudicating the dispute on merit. “…an arbitration clause does not, by itself, oust the jurisdiction of the consumer forum.”, observed a bench of Justice Vikram Nath and Justice V. Mohana, while setting aside the concurrent findings of the...

Law Needed To Protect Right To Walk On Footpaths : Supreme Court Tells Centre

The Court also recommended that the Law Commission of India examine the issue.

Pedestrians Have Fundamental Right To Have Footpath; Motorists Can't Negate Right To Walk : Supreme Court

The Court held that authorities have the corresponding duty to construct and safeguard demarcated footpaths for walking.

Why Supreme Court Urged Haryana To Amend Compassionate Appointment Rules In Cases Involving Alleged Murder Of Govt Employees

The Supreme Court recently urged the Haryana Government to examine and rectify a “significant anomaly” in the Haryana Civil Services (Compassionate Financial Assistance or Appointment) Rules, 2019, after noting that the scheme suspends compassionate financial assistance during criminal proceedings relating to the death of a government employee but contains no similar restriction...