Supreme Court Weekly Digest With Nominal And. Subject/Statute Wise Index [February 20 – 28, 2023]

SUBJECT WISE INDEXCCTVComply with directions to install CCTVs in police stations: Supreme Court gives warning to Centre, States. Paramvir Singh Saini v. Baljit Singh, 2023 LiveLaw (SC) 134ChequeCheque cases can be transferred from one state to another invoking Section 406 Cr.P.C. Yogesh Upadhyay v. Atlanta Ltd., 2023 LiveLaw (SC) 125Civil LawSection 24 CPC power can be invoked by the common High Court for two or more states even for inter state transfer of suits. Shah Newaz Khan v. State of Nagaland, 2023 LiveLaw (SC) 146CPC Order 41 Rule 23A - Appellate Court can't remand suit for de novo trial merely because a particular evidence has not been adduced. Sirajudheen v. Zeenath, 2023 LiveLaw (SC) 145Constitution'Service as Adhoc Judges can't be considered for elevation as HC Judges': Supreme Court rejects plea of judicial officers from AP. C. Yamini v. High Court of Andhra Pradesh, 2023 LiveLaw (SC) 130Minority school not entitled to state grant towards salary for employee retained beyond retirement age. State of Gujarat v. H.B. Kapadia Education Trust, 2023 LiveLaw (SC) 127Criminal LawState should not be arbitrary in allowing premature release; policy must be applied equally to all. Rajkumar vs State of Uttar Pradesh, 2023 LiveLaw (SC) 144Transfer of criminal case from one state to another implicitly reflect on the credibility of the State Judiciary & Prosecution Agency. Neelam Pandey v. Rahul Shukla, 2023 LiveLaw (SC) 141'Mere framing of charges no bar to order further investigation; Victim has fundamental right of fair investigation'. Anant Thanur Karmuse v. State of Maharashtra, 2023 LiveLaw (SC) 136Section 319 Cr.P.C.: Supreme Court reiterates procedural safeguards to prevent misuse of power to summon additional accused. Juhru v. Karim, 2023 LiveLaw (SC) 128Domestic ViolenceCourts should not impose onerous conditions on complainants under Domestic Violence Act. Bhawna v. Bhay Ram, 2023 LiveLaw (SC) 148DNA TestChildren's right not to have their legitimacy questioned frivolously is part of their privacy right: Supreme Court on power to order 'DNA Test'. Aparna Ajinkya Firodia v. Ajinkya Arun Firodia, 2023 LiveLaw (SC) 122Equal Pay for Equal WorkThe doctrine “equal pay for equal work” is not an abstract doctrine and is capable of being enforced in a Court of Law, the equal pay must be for equal work of equal value. The equation of posts and determination of pay scales is the primary function of the Executive and not of the Judiciary. The Courts therefore should not enter upon the task of job evaluation which is generally left to the expert bodies like the Pay Commissions. (Para 14) Union of India v. Indian Navy Civilian Design Officers Association, 2023 LiveLaw (SC) 129It may be true that the nature of work involved in two posts may sometimes appear to be more or less similar, however, if the classification of posts and determination of pay scale have reasonable nexus with the objective or purpose sought to be achieved, namely, the efficiency in the administration, the Pay Commissions would be justified in recommending and the State would be justified in prescribing different pay scales for the seemingly similar posts. A higher pay scale to avoid stagnation or resultant frustration for lack of promotional avenues or frustration due to longer duration of promotional avenues is also an acceptable reason for pay differentiation. It is also a well-accepted position that there could be more than one grade in a particular service. The classification of posts and the determination of pay structure, thus falls within the exclusive domain of the Executive, and the Courts or Tribunals cannot sit in appeal over the wisdom of the Executive in prescribing certain pay structure and grade in a particular service. (Para 14) Union of India v. Indian Navy Civilian Design Officers Association, 2023 LiveLaw (SC) 129EnvironmentNGT has powers to execute its orders as decrees of Civil Court. Sushil Raghav v. Union of India, 2023 LiveLaw (SC) 140Interpretation of StatutesAn interpretation of the law that seeks to address the mischief, that is consistent with the Constitution and promotes constitutional objectives and that which responds to the needs of the nation must be adopted. (Para 46) Shah Newaz Khan v. State of Nagaland, 2023 LiveLaw (SC) 146A general law cannot defeat the provisions of a special law to the extent to which they are in conflict; else, an effort has to be made at reconciling the two provisions by homogenous reading. (Para 37) Shah Newaz Khan v. State of Nagaland, 2023 LiveLaw (SC) 146Judicial ReviewThe powers of judicial review in the matters involving financial implications are also very limited. The wisdom and advisability of the Courts in the matters concerning the finance, are ordinarily not amenable to judicial review unless a gross case of arbitrariness or unfairness is established by the aggrieved party. (Para 17) Union of India v. Indian Navy Civilian Design Officers Association, 2023 LiveLaw (SC)...

Supreme Court Weekly Digest With Nominal And. Subject/Statute Wise Index [February 20 – 28, 2023]

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