Supreme Court Weekly Round-Up

ashok kini

14 Jan 2019 4:13 AM GMT

  • Supreme Court Weekly Round-Up

    Can't Claim Parity Of Pay Scale Unless There Is Complete Identity Between Two Posts [Punjab State Electricity Board &anr. V. Thana Singh & Ors.The Supreme Court observed that unless there is complete identity between two posts, the posts should not be treated as equivalent to claim parity of pay scale.The court was considering the appeal filed by the Punjab State Electricity Board...

    Can't Claim Parity Of Pay Scale Unless There Is Complete Identity Between Two Posts [Punjab State Electricity Board &anr. V. Thana Singh & Ors.

    The Supreme Court observed that unless there is complete identity between two posts, the posts should not be treated as equivalent to claim parity of pay scale.The court was considering the appeal filed by the Punjab State Electricity Board (PSEB) wherein the issue was about parity in the pay scales of two posts Head Clerks and the Internal Auditors in Group XII of the board. The high court had ruled that there ought to be parity.

    Dismissal Of Plaintiff's Application To File Suit As Indigent Person Won't Bar Him From Seeking Permission To File Appeal As Indigent Person [Sushil Thomas Abraham vs. M/s Skyline Build]

    Dismissal of application filed by a plaintiff under by a plaintiff under Order 33 Rule 1 of the Code of Civil Procedure (seeking permission to institute the suit as an indigent person) by the trial court in the earlier round of litigation is not a bar against the plaintiff to file an file an application/appeal under Order 44 Rule 1 of the Code and seek permission from the appellate court to allow him to file an appeal as an indigent person.

    SC Explains Five Material Questions To Be Answered In Specific Performance Suit [Kamal Kumar vs. Premlata Joshi]

    While affirming concurrent judgments dismissing a suit for specific performance, the Supreme Court briefly explained the questions which are to be considered in such a suit. Reiterating that the grant of relief of specific performance is a discretionary and equitable relief, the bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra listed out the requirements to be answered in a specific performance suit. Those are:

    High Court Cannot Stay/Quash An Order In Anticipation, Before It Is Passed [Manish S.Pardasani V. Inspector State Excise]

    The Supreme Court observed that a High Court cannot stay or/and quash the orders in anticipation, before they are passed by an authority.The bench remarked that the higher judiciary must avoid as far as possible from making any disparaging harsh remarks and strictures against any judicial/administrative officer while examining their action/order impugned in the judicial proceedings.

    Children Born Out Of Void Marriage Are Legitimate, Compassionate Appointment Cannot Be Denied To Them [Union of India vs. V.R. Tripathi]

    In a judgment which was pronounced a month ago, the Supreme Court held that benefit of compassionate appointment scheme cannot be denied to the children born out of a second marriage.The bench comprising Justice DY Chandrachud and Justice MR Shah dismissed appeals filed by Union of India against Bombay High Court judgment which had held in favour of applicants, who were children born out of second marriage of the deceased employee working with Indian Railways.

    SC Tells LIC To Pay Rs. 2 L Compensation To Man Whose Money It Held Wrongfully For About 5 Years [Madhav Hari Joshi V. Regional Manager, LIC of India]

    The Supreme Court, while affirming a National Consumer Commission order to refund the money the Life Insurance Corporation (LIC) held wrongfully from a man for nearly five years, also asked the corporation to pay a compensation of Rs. 2 lakh to him.

    Leave To Appeal Against AFT Orders Only When There Is A Point Of Law Of General Importance [Ex Lac Yogesh Pathania V. Union of India Ors.]

    The Supreme Court, while dismissing a plea seeking leave against an order of Armed Forces Tribunal (AFT), observed that such leave can be granted only when there is a point of law of general public importance involved in the appeal.

    Teachers Cannot Claim Gratuity Under Payment of Gratuity Act [Birla Institute of Technology vs. State of Jharkhand]

    The Supreme Court observed that a teacher, irrespective of the type of educational institute he/she is working, is not an 'employee' under Section 2(e) of the Payment of Gratuity Act and therefore has no right to invoke the Act for claiming gratuity under the Act from his/her employer. Two days later, the Court stayed the operation of this judgment observing that it prima facie finds error in it and the matter would be reheard.

    Civil Court Has No Jurisdiction In Matters In Respect Of Which Power Has Been Conferred On NCLT [Shashi Prakash Khemka vs. NEPC Micon]

    The Supreme Court observed that the jurisdiction of the civil court is completely barred in matters in respect of which power has been conferred on the National Company Law Tribunal. The bench comprising Justice L Nageswara Rao and Justice Sanjay KishanKaul was considering whether an issue qua the transfer of shares has to be adjudicated by civil court or by the Company Law Board.

    SC Relief To Employee 'Harassed' By Karnataka Govt By Withholding Of Pension

    This is a case which reflects how the appellant has been harassed by the State of Karnataka, observed the Supreme Court while granting relief to an employee whose pension was withheld by the state. The bench comprising of Justice Arun Mishra and Justice Navin Sinha observed that the tribunal and the high court should not have dismissed his plea on the ground of delay.

    SC Reinstates Alok VermaAs CBI Director; Orders Of CVC &DoPT Quashed

    The Supreme Court on Tuesday set aside the October 23 orders of the Central government and the CVC divesting CBI Director Alok Kumar Verma of the charge of the probe agency, reinstating him to the post with immediate effect. However, the judgment authored by Chief Justice Ranjan Gogoi restrains Verma from taking any major policy decisions until such time his case is finally disposed off by the Selection Committee under section 4A of the DSPE Act.

    Monsanto's Claim For GM Cotton Seeds Should Be Decided Based On Evidence; SC Sets Aside HC Order

    The Supreme Court bench of Justices Rohinton Nariman and Navin Sinha on Tuesday ruled that US Company Monsanto can claim patents on its genetically modified cotton seeds. The Bench has set aside a decision of a Division Bench of the Delhi High Court by which Monsanto Technologies' patent in respect of its BT cotton seeds was held to be inapplicable in India.

    'Security Clearance' By MHA Mandatory: SC Upholds Cancellation Of Licenses Of Cable TV Service Providers [Dig Cable Network (India) Pvt. Ltd.V. Unon of India]

    The Supreme Court recently upheld cancellation of licenses granted to Digi Cable Network and SCOD 18 Networking, for operating as Multi System Operators (MSOs) in the Digital Addressable System (DAS) notified areas. The bench comprising of Justice Abhay Manohar Sapre and Justice Indu Malhotra observed that obtaining security clearance is a mandatory requirement as per Cable Television Network (Amendment) Rules.

    Execution Of Death Penalty Of Man Convicted In Rape-Murder Of Minor Girl Stayed

    The Supreme Court on Tuesday stayed an Allahabad High Court judgment awarding death penalty to a 31-year-old man convicted of raping and murdering a 12-year-old girl. The order passed by a Bench comprising Justice L. Nageswara Rao and Justice Sanjay KishanKaul read: "Leave granted. There shall be a stay of the execution of the death sentence awarded to the petitioner."

    SC Restrains Karnataka Govt From Pumping Secondary Treated Water From Sewage Treatment Plants To Irrigation Tanks

    The Supreme Court on Monday stayed the Karnataka High Court order which permitted the Government to pump secondary treated water from Sewage Treatment Plants(STP) to the irrigation tanks in Kolar, which is being carried out with the purported objective of recharging groundwater level.

    SC Issues Notice To Anil Ambani On Ericsson's Contempt Petition Over Non-payment Of Dues

    The Supreme Court on Monday issued notice to Reliance Communication Ltd (RCom) Chairman Anil Dhirubhai Ambani and others on a contempt petition filed by Ericsson India Pvt Ltd over non-payment of its dues. A bench headed by Justice R F Nariman sought a response from Ambani and others in four weeks.

    Continued Use Of Unconstitutional Section 66A IT Act: SC Assures Strict Action Against Officials, Issues Notice To Centre

    The Supreme Court issued notice in an application filed by People's Union for Civil Liberties (PUCL), on the continued use of Section 66A of the Information Technology Act.

    Mentally Ill Patients Kept Under Chain: SC issues Notice To Centre, States

    The Supreme Court bench of Justices A. K. Sikri and Abdul Nazeer on Monday issued notice to the Centre and all states on a PIL filed in the interest of proper healthcare and treatment facilities to mental patients.

    SC Issues Notice On Plea For Cross-Verification Of VVPAT Trails In At least 30% Polling Stations

    The Supreme Court, on Monday, sought response from Election Commission of India (ECI) on a petition demanding counting and cross verification of Voter Verifiable Paper Audit Trails (VVPAT) in at least 30% (randomly chosen) of all polling stations within each Assembly Segment/ Constituency.

    SC Issues Notice To WB Govt. on BJP's Plea Against Denial Of Permission For RathYatra

    The Supreme Court bench of Justices L. Nageshwar Rao and S. K. Kaul on Tuesday issued notice to the state of West Bengal on the BharatiyaJanata Party's (BJP) appeal challenging the Calcutta High Court order restraining it from holding its proposed RathYatras in the State of West Bengal.

    Gujarat Fake Encounters: SC Directs To Give Copy Of Bedi Committee Report To Petitioners

    In a blow to the Gujarat government, the Supreme Court bench headed by Chief Justice Ranjan Gogoi on Wednesday required the final report by (retd.) Justice H. S. Bedi, prepared on an examination of the investigation into the instances of fake encounters in the state between 2002-2006, to be shared with the petitioners.

    SC Refuses To Stay NGT Order Allowing Reopening Of Sterlite Plant

    The Supreme Court on Tuesday refused to stay the green tribunal's order of setting aside the Tamil Nadu government's decision to close Vedanta's Sterlite copper plant at Tuticorin. A bench, headed by Justice R F Nariman, sought response from Vedanta on the state government's appeal against the National Green Tribunal's (NGT's) order to reopen the plant.

    Johnson & Johnson Faulty Hip Implants : SC Closes Case Accepting Centre's Compensation Scheme

    Taking note of the compensation scheme proposed by the Centre in this behalf, the Supreme Court on Friday disposed off a PIL alleging "faulty" and "deadly" hip implants, manufactured by US-based pharma major Johnson and Johnson, having been fitted into the bodies of as many as 14,525 Indian patients.

    'One Rank One Pension' Norm For HC Judges: SC Seeks Centre's View

    The Supreme Court on Wednesday called upon the Department of Justice, Central Government to place its views about inequalities in the matter of payment of pension to Service Judges as compared to Bar Judges.

    Meghalaya Mine Tragedy: SC Urges Centre To Persist With Rescue Operations

    The Supreme Court urged the Centre and the state of Meghalaya to persist with the efforts to rescue the 15 miners trapped at the 370-foot-deep illegal coal mine in Meghalaya since December 13 last year, recommending that the assistance of experts may be sought in the operation.

    SC Reserves Judgment On Maha Govt's Appeal Against HC Order Refusing Further Time For Filing Charge sheet

    The Supreme Court on Thursday reserved Judgment on a petition filed by Maharashtra Government against the October 24 judgment of the Bombay High Court by virtue of which a Pune court's order granting additional 90 days' time for further investigation and filing the charge sheet against lawyer SurendraGadling and other activists accused in connection with the Bhima-Koregaon violence was set aside. 

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