Supreme Court Judgements 1. Employers Can't Dispute Employees' Date Of Birth At Fag End Of Their Service : Supreme Court Case Title : Shankar Lal versus Hindustan Copper Ltd and others Citation : 2022 LiveLaw (SC) 407 The Supreme Court has held that the rule that employees cannot raise a dispute relating to date of birth at the fag end of their service is...
Supreme Court Judgements
1. Employers Can't Dispute Employees' Date Of Birth At Fag End Of Their Service : Supreme Court
Case Title : Shankar Lal versus Hindustan Copper Ltd and others
Citation : 2022 LiveLaw (SC) 407
The Supreme Court has held that the rule that employees cannot raise a dispute relating to date of birth at the fag end of their service is equally applicable to employers as well.
A bench comprising Justices DY Chandrachud and Aniruddha Bose set aside the decision of Hindustan Copper Ltd, a Public Sector Undertaking, to reduce the VRS benefits to an employee by altering his date of birth.
Case Title : Maniben Maganbhai Bhariya versus District Development Officer Dahod and others
Citation : 2022 LiveLaw (SC) 408
In a significant judgment, the Supreme Court has held that Anganwadi Workers and Anganwadi Helpers are entitled to the payment of gratuity under the Payment of Gratuity Act, 1972.
"The 1972 Act will apply to Anganwadi centres and in turn to AWWs(Anganwadi Workers) and AWHs(Anganwadi Helpers)", a bench comprising Justices Ajay Rastogi and Abhay S Oka held while allowing the appeals filed against a judgment delivered by a division bench of the Gujarat High Court.
Case Title: Indian Oil Corpn. Ltd v. U.B. Engineering Ltd and Anr. SLP(C) Nos. 24912-24913 of 2013
Citation : 2022 LiveLaw (SC) 409
The Supreme Court Bench comprising Justice MR Shah and Justice B.V. Nagarathna held that the arbitral tribunal can grant post-award interest on the sum of the award which also includes the interest component. The Court reiterated that the word sum used under Section 31(7) of the A&C Act includes the interest awarded on the substantive claims, therefore, the post award interest would be on both the amount awarded in respect of the substantive claims and the interest awarded on such claims.
Case Name: Kalyani (D) vs Sulthan Bathery Municipality | CA 3189 of 2022
Citation: 2022 LiveLaw (SC) 410
The Supreme Court bench of Justices Dinesh Maheshwari and Vikram Nath has observed that the burden to prove that there was a voluntary surrender of land is on the panchayat/municipality which raises such a claim.
Case Title: Shraddha Gupta vs State of Uttar Pradesh | CrA 569-570 of 2022
Citation: 2022 LiveLaw (SC) 411
The Supreme Court bench of Justices MR Shah and BV Nagarathna has observed that there can be prosecution against a person under Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, even in case of a single offence/FIR/charge sheet for any of the anti-social activities mentioned in section 2(b) of the Act.
Case Title: Smt. Kaithuami [L] vs Smt. Ralliani| CA 7159-7160 of 2008
Citation: 2022 LiveLaw (SC) 412
The Supreme Court observed that the inheritance under Mizo customary law depends upon the responsibility carried out by a legal heir to look after the elders in the family.
The bench comprising Justices L. Nageswara Rao and B R Gavai agreed with the view taken in a 2012 judgment of Gauhati High Court that under Mizo customary law "even if a natural heir does not support his parents, he would not be entitled to inheritance and that "even if there is a natural heir, a person who supports the person until his death could inherit the properties of that person".
Case Title: Rathish Babu Unnikrishnan vs State (Govt Of NCT Of Delhi)| CrA 694-695 OF 2022
Citation: 2022 LiveLaw (SC) 413
The Supreme Court observed that a High Court should be slow to grant the relief of quashing a complaint under Section 138 of Negotiable Instruments Act at a pre-trial stage.
In a situation where the accused moves Court for quashing even before trial has commenced, the Court's approach should be careful enough to not to prematurely extinguish the case by disregarding the legal presumption which supports the complaint, the bench comprising Justices KM Joseph and Hrishikesh Roy said.
Case Title: Bar Council of India v. Twinkle Rahul Mangonkar And Ors. Civil Appeal No. 816-817 of 2022]
Citation : 2022 LiveLaw (SC) 414
The Supreme Court accepted the suggestion made by Amicus Curiae Senior Advocate KV Vishwanathan that persons engaged in other employments can be permitted to provisionally enrol with the concerned Bar Council and to appear in the All India Bar Examination (AIBE), and that upon clearing the AIBE, they can be given a period of 6 months to decide whether to join legal profession or continue with the other job.
The Court said that the BCI may allow provisional enrolment for such persons with a window of 6 months for them to decide after clearing AIBE on giving up their employment to join legal practice.
The Court also directed the Bar Council of India (BCI) to consider if fresh Bar examinations are to be conducted for advocates seeking to return to the legal profession after getting their licenses suspended to take up other employment.
Case Title : Asset Reconstruction Co (India) Ltd versus Chief Controlling Revenue Authority
Citation : 2022 LiveLaw (SC) 415
The Supreme Court bench of Justices Hemant Gupta and V Ramasubramanian has set aside a judgment delivered by a Full Bench of the Gujarat High Court which had held that stamp duty has to be independently paid for a Power of Attorney executed along with a deed assigning debt, even if stamp duty has been paid on the assignment deed.
Case Title: Oil and Natural Gas Corporation Ltd. vs Discovery Enterprises Pvt. Ltd | CA 2042 of 2022
Citation: 2022 LiveLaw (SC) 416
The Supreme Court, in a judgment delivered on explained the 'Group of companies' doctrine which postulates that an arbitration agreement entered into by a company within a group of companies, can bind its non-signatory affiliates or sister concerns if the circumstances demonstrate a mutual intention of the parties to bind both the signatory and affiliated, non-signatory parties.
The court observed that a non-signatory may be bound by the arbitration agreement where: (i) There exists a group of companies; and (ii) Parties have engaged in conduct or made statements indicating an intention to bind a non-signatory.
The bench comprising Justices DY Chandrachud, Surya Kant and Vikram Nath held that the following factors have to be considered to apply the doctrine:
(i) The mutual intent of the parties
(ii) The relationship of a non-signatory to a party which is a signatory to the agreement
(iii) The commonality of the subject matter
(iv) The composite nature of the transaction
(v) The performance of the contract
Case Title : Ranbir Singh versus SK Roy, Chairman Life Insurance Corporation and Another
Citation : 2022 LiveLaw (SC) 417
Observing that a public employer cannot be asked to carry out a mass absorption of over 11,000 workers without a recruitment process, the Supreme Court on Tuesday decided a four-decade old dispute related to the regularization of part-time workers in the Life Insurance Corporation(LIC).
"LIC as a statutory corporation is bound by the mandate of Articles 14 and 16 of the Constitution. As a public employer, the recruitment process of the corporation must meet the constitutional standard of a fair and open process. Allowing for back-door entries into service is an anathema to public service", a bench comprising Justices DY Chandrachud, Surya Kant and Vikram Nath observed.
Case Title: Wipro Finance Ltd. vs Commissioner of Income Tax | CA 6677 of 2008
Citation: 2022 LiveLaw (SC) 418
Allowing the appeal filed by Wipro Finance Ltd., the Supreme Court observed that the loss suffered owing to exchange fluctuation can be regarded as revenue expenditure and thus an allowable deduction.
The bench comprising Justices AM Khanwilkar, Abhay S. Oka and CT Ravikumar allowed the appeal against the High Court judgment which had reversed the above view taken by Income Tax Appellate Tribunal.
Case Name: Bharat Sanchar Nigam Limited vs Sandeep Choudhary | CA 8717 OF 2015
Citation: 2022 LiveLaw (SC) 419
The Supreme Court has observed that the reserved category candidates securing higher marks than the last of the general category candidates are entitled to get seat/post in the General category.
The candidates belonging to reserved categories can as well stake claim to seats in unreserved categories if their merit and position in the merit list entitles them to do so., the bench comprising Justices M R Shah and B V Nagarathna observed.
Case Title: Union of India vs Mukesh Kumar Meena | CA 3468 OF 2022
Citation: 2022 LiveLaw (SC) 420
The Supreme Court observed that the benefit of the grace marks policy introduced by Central Board of Direct Taxes for Departmental Examination for Income Tax Inspectors is not to allow the reserved category candidate to switch over to general category.
"Only in a case where any candidate belonging to any category is marginally failing to pass the examination, he is/was to be allowed the grace marks so as to allow him to obtain the minimum passing marks required and that too by allowing upto five grace marks.", the bench comprising Justices M R Shah and B V Nagarathna noted.
15. Mortgagor Has Right To Redeem Usufructuary Mortgage At Any Point Of Time: Supreme Court
Case Title: Harminder Singh (D) vs Surjit Kaur (D) | CA 89 OF 2012
Citation: 2022 LiveLaw (SC) 421
The Supreme Court Justices Hemant Gupta and V. Ramasubramanian has observed that once a usufructuary mortgage is created, the mortgagor has a right to redeem the mortgage at any point of time.
Case Name: Talema Electronic India Private Limited Vs Regional Director, ESI Corporation | CA 3175 OF 2022
Citation: 2022 LiveLaw (SC) 422
The Supreme Court bench of Justices M R Shah and B V Nagarathna has observed that conveyance allowance paid to employees is not part of 'wages' for the purpose of computation of ESI Contribution.
17. Insolvency And Bankruptcy Code Is Not For Money Recovery Proceedings: Supreme Court Reiterates
Case title: Invest Asset Securitisation and Reconstruction Pvt. Ltd. versus Girnar Fibres Ltd
Citation : 2022 LiveLaw (SC) 423
The Supreme Court bench comprising Justice Dinesh Maheshwari and Justice Aniruddha Bose in the case of Invest Asset Securitisation reiterated that the provisions of insolvency and bankruptcy code are essentially intended to bring the corporate debtor to its feet and are not of money recovery proceedings as such.
Case Title: Securities And Exchange Board Of India vs R.T. Agro Private Limited | CA 2957 OF 2022
Citation: 2022 LiveLaw (SC) 424
The Supreme Court bench of Justices Dinesh Maheshwari and Aniruddha Bose has upheld an order of Securities Appellate Tribunal holding that the bar of voting as per Section 188 of the Companies Act, 2013 on related parties operates only at the time of entering into a contract or arrangement.
Case Name: Waqf Board. Rajasthan v. Jindal Saw Limited And Ors.
Citation: 2022 LiveLaw (SC) 425
The Supreme Court has held that in absence of proof of 'dedication' or 'user' or 'grant' , which would qualify a dilapidated wall or a platform as 'waqf' in terms of Section 3(r) of the Waqf Act, 1995, the said structure cannot be recognised as a religious place for offering Namaaz.
A Bench comprising Justices Hemant Gupta and V. Ramasubramanian dismissed an appeal assailing the order of the Rajasthan High Court which allowed Jindal Saw Limited to remove a structure from the plot allotted to it for mining, which the Waqf Board, Rajasthan claimed was a religious place.
Case Title: National Medical Commission vs Pooja Thandu Naresh | CA 2950-2951 OF 2022
Citation: 2022 LiveLaw (SC) 426
The Supreme Court has held that the National Medical Commission is not bound to grant provisional registration to a student who has not undergone clinical training in physical form a part of the medical course in a foreign medical institute.
The Court observed that a medical student who has not undergone clinical training cannot be granted provisional registration to complete internship.
"Without practical training, there cannot be any Doctor who is expected to take care of the citizens of the country", the bench comprising Justices Hemant Gupta and V. Ramasubramanian observed.
Case Name: Atbir vs State of NCT Of Delhi | CrA 714 OF 2022
Citation: 2022 LiveLaw (SC) 427
The Supreme court observed that eligibility for getting remission is not a pre-requisite for obtaining furlough. The whole of the scheme of granting furlough is based on the approach of reformation and as incentive for maintaining good conduct, the bench comprising Justices Dinesh Maheshwari and Aniruddha Bose observed.
Case Name: Narinder Garg vs Kotak Mahindra Bank | WP(C) 93 OF 2022
Citation: 2022 LiveLaw (SC) 428
The Supreme Court reiterated that the moratorium provisions contained in Section 14 of the Insolvency and Bankruptcy Code, 2016 would apply only to the corporate debtor
The natural persons mentioned in Section 141 of the Negotiable Instruments Act would continue to be statutorily liable under the provisions of the Act, the bench comprising Justices UU Lalit, S. Ravindra Bhat and PS Narasimha observed.
Case Title: Ashutosh Kumar v. The Film And Television Institute of India And Anr. C.A. No. 7719 of 2021
Citation: 2022 LiveLaw (SC) 429
The Supreme Court recently directed the Film and Television Institute of India(FTII) to induct individuals with colour blindness in all courses offered by them by making accommodation in its curriculum. The direction is also applicable to other film institutes following similar curriculum as FTII.
A Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh further directed FTII to exclude colour grading modules in its diploma and film editing course or to make it an elective as suggested by the Committed appointed by it to look into the issue.
Case Title: State of Uttar Pradesh vs Satish Chand Shivhare and Brothers| SLP(C) 5301 OF 2022
Citation: 2022 LiveLaw (SC) 430
The Supreme Court bench of Justices Indira Banerjee and AS Bopanna observed that a court has no obligation to consider the merits of an appeal which is barred by limitation and no plausible cause for delay is shown.
The bench also observed that the law of limitation binds everybody including the Government and a different yardstick for condonation of delay cannot be laid down because the government is involved.
Case Title: Harshit Foundation Sehmalpur Jalalpur Jaunpur vs Commissioner Of Income Tax Faizabad
Citation: 2022 LiveLaw (SC) 431
The Supreme Court has observed that there shall not be any deemed registration even if in a case where the registration application under Section 12AA of the Income Tax Act, 1961, is not decided within six months.
The bench comprising Justices MR Shah and BV Nagarathna was considering a Special Leave Petition challenging a judgment of Allahabad High Court in which the issue raised was whether on non-deciding the application for registration under Section 12AA (2) of the Income Tax Act within a period of six months, there shall be deemed registration or not?
Case Name: Haris Marine Products v. Export Credit Guarantee Corporation (ECGC) Limited
Citation: 2022 LiveLaw (SC) 432
The Supreme Court has held that first an ambiguous term in an insurance contract ought to be construed harmoniously by reading it in its entirety and if still vague the rule of contra proferentem must be applied and the term must be interpreted against the drafter of the policy, i.e in favour of the insured.
A Bench comprising Justices U.U. Lalit, S. Ravindra Bhat and P.S. Narasimha allowed an appeal filed assailing the order of the National Consumer Dispute Redressal Commission, which had held in favour of the insurer. The Apex Court set aside the order and directed the issuer to pay the claim amount of Rs. 2.45 crores along with interest at the rate of 9% p.a.
27. Supreme Court Upholds 6 Years Minimum Age Criteria For Class 1 Admissions In Kendriya Vidyalayas
The Supreme Court has upheld a judgment of the Delhi High Court dismissing the pleas challenging the decision of the Kendriya Vidyalaya Sanghatan (KVS) to increase the minimum age for Class 1 admissions as 6 years from 5 years from the academic year 2022-2023.
Supreme Court Updates
Senior Advocate Shekhar Naphade on Monday mentioned before the Chief Justice of India the petitions challenging the 2019 notifications of the President which scrapped the special status of Jammu and Kashmir under Article 370 of the Constitution.
"This is the Article 370 matter.. the delimitation is also going on", Naphade submitted, requesting for a posting next week.
"Let me see", CJI Ramana said.
Naphade requested that the petitions be listed at least after the summer vacations(the Court will reopen after summer vacations in July).
On being told by the Central Government that 7 Rohingya refugees who were allowed by the Manipur High Court to travel to New Delhi last year are now untraceable, the Supreme Court on Monday said that the responsibility is that of the petitioner (who filed by PIL in the HC) to produce the person before the concerned authorities.
The Court also stayed the High Court's May 2021 judgment, if the same has not been acted upon.
The Supreme Court on Monday sought the stand of the Union Government on a petition filed by a lawyer seeking directions for the construction of a "Judicial Vista" near the Supreme Court for better working conditions and the setting up of an independent authority to deal with judicial infrastructure in the country.
"It is a matter in which normally we wouldn't be inclined to pass directions but we'd definitely like the Union of India to consider this and take a decision", a bench comprising Justices Vineet Saran and JK Maheshwari orally observed.
4. Supreme Court Refuses To Interfere With Karnataka Govt's Vaccine Mandate To Attend Colleges
The Supreme Court on Monday upheld State of Karnataka's Government Order dated July 16, 2021 by which the students, teachers and non teaching staff who have received one dose of vaccine could attend the colleges.
The bench of Justices DY Chandrachud and Surya Kant while upholding the Karnataka High Court's judgment of dismissing the petition challenging the impugned order said,
"We'll not entertain this. Take your vaccination. In the wider national interest there are some matters which we should not be entertaining."
The National Commission for Protection of Child Rights ("NCPCR") apprised the Supreme Court, on Monday, that it has developed a separate portal for Non-Government Organisations ("NGOs") and individuals who are interested to assist in the process of identification of the Children in Street Situation ("CiSS").
While hearing a plea filed by social activist, Mr. Juvvadi Sagar Rao, alleging regularisation of unauthorised constructions leading to corruption in concerned government offices as well as environmental concerns, the Supreme Court, on Monday, appointed Senior Advocate, Mr. Gopal Sankaranarayanan as the Amicus Curiae to come up with recommendations that can be made to the State Governments to stop such regularisation.
The Supreme Court on Monday considered a petition file by NRI students seeking time for fresh registration in the NRI quota before commencement of the Mop-Up counseling in the State of Kerala. "How do we cancel admission, there will be human tragedy. It will be a tragedy for us to say that" the bench of Justices DY Chandrachud and Surya Kant orally observed on Senior Advocate Dushyant Dave's contention that the seats allocated for NRI Quota cannot be transferred to any other quota.
The Supreme Court on Monday sought Centre's response in a plea for direction to frame a uniform code of pharmaceutical marketing practices for regulating "unethical practices" by Pharma Companies.
The bench of Justices DY Chandrachud and Surya Kant while granting 8 weeks time for the Centre to file their counter in their order said, "ASG KM Nataraj appears for the Respondent. Time for filing a counter affidavit is granted and be filed within a period of 8 weeks."
In an interim relief to jhuggi dwellers from Sarojini Nagar in Delhi, the Supreme Court on Monday asked the Central Government to desist from taking coercive steps to evict them.
"Deal with them humanly when you deal with them. As a model government, you can't say you won't have a policy (to rehabilitate) and simply throw them away. You're dealing with families..", a bench led Justice KM Joseph told Additional Solicitor General KM Nataraj.
10. Justice Oka Recuses From Hearing Bengaluru Civic Body Polls Matter
Justice A. S. Oka on Monday recused from the hearing of state of Karnataka's challenge to the December 4, 2020 decision of the Karnataka High Court directing the State Election Commission to hold elections of Bruhat Bengaluru Mahanagara Palike as expeditiously as possible by publishing election programme within six weeks from the date of publishing of final list of Electoral rolls.
The Supreme Court, on Monday asked the Union and State Governments to provide their opinion with respect to the submission of the Amicus Curiae, Mr. Gopal Sankaranarayanan that physical literacy ought to be recognised as a fundamental right under Article 21 of the Constitution of India. The Apex Court had also sought the response of the Government on the other interim suggestions made by the Amicus in his summary notes.
The Supreme Court on Tuesday dismissed a PIL which sought a judicial enquiry by a commission headed by a former Chief Justice of India into the instances of communal violence during the recent Ram Navami- Hanuman Jayanthi celebrations.
The Chief Justice of India on Tuesday agreed to list the hijab case appeals in two days.
"I will list. Wait for two days", CJI Ramana told Senior Advocate Meenakshi Arora when she mentioned the petitions filed against the Karnataka High Court's judgment in the Hijab case for urgent listing.
"Something has to be done, it can't be done overnight. Planning has to be done, And that only the Government can do", the Supreme Court said on Tuesday while considering a petition filed by a lawyer seeking directions for the construction of a "Judicial Vista" near the Supreme Court for better working conditions.
15. Supreme Court Directs Uttarakhand Govt To Prevent Hate Speeches At Roorkee Dharam Sansad
The Supreme Court on Tuesday asked the Uttarakhand Government to take measures to prevent hate speeches in Dharam Sansad which has been planned at Roorkee tomorrow.
"You will have to take immediate action. Don't make us say something. There are other ways of preventive action. You know how to do it!", Justice Khanwilkar told the Deputy Advocate General of the State of Uttarakhand Jatinder Kumar Sethi.
The Supreme Court on Tuesday adjourned for a week a PIL filed by Advocate ML Sharma seeking directions to Centre and States to provide complete court infrastructure for District Court/ subordinate courts.
A Bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli observed that the issue regarding judicial infrastructure has been taken up and the issue will be discussed at the upcoming conference of Chief Justices of High Courts and Chief Ministers.
A writ petition has been filed in the Supreme Court seeking directions to stop violence and mob attacks against members of the Christian Community in various states across the country.
Archbishop Of Bangalore Diocese Dr. Peter Machado along with the National Solidarity Forum, the Evangelical Fellowship of India, are the petitioners.
While hearing a plea with respect to appointment of Protection Officers (POs) under the Protection of Women from Domestic Violence Act 2005 across the country, the Supreme Court, on Tuesday noted it is not sufficient to only appoint POs, but to also provide them with assistance. It observed that in this regard, National Legal Services Authority (NALSA) is taking steps to appoint Protection Assistants in every district.
"The law obligates to have Protection Officers. But you need to have paraphernalia. Therefore, NALSA is taking steps that in every district there shall be a Protection Assistants so that the set up becomes stronger and cohesive…", the Court said.
The Supreme Court on Wednesday posted to May 5 for final hearing the petitions challenging the constitutional validity of the offence of sedition under Section 124A of the Indian Penal Code.
A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli was considering two writ petitions filed by Army veteran Major-General SG Vombatkere (Retired) and the Editors Guild of India respectively.
While hearing a plea alleging cancellation of over 19 lakh ration cards in the State of Telangana without verification, the Supreme Court, on Tuesday directed the State Government to conduct field verification of all the ration cards that were cancelled pursuant to the notification issued by the Central Government in 2016 ("notification").
The Supreme Court on Wednesday issued notice on a Special Leave Petition filed against the slew of directions issued by the Delhi High Court regarding the administration and maintenance of Kalkaji Temple as also for resolution of disputes pertaining to the bari rights between baridaars to ensure smooth functioning of the temple.
The bench of Justices DY Chandrachud and Bela M Trivedi also refused to stay the High Court direction for appointment of Retired Justice JR Midha as the administrator of the Temple for taking care of the day to day administration and issues of safety and security of the temple.
Expressing concerns at the huge volume of cases for dishonour of cheque under Section 138 of the Negotiable Instruments Act clogging the courts system, the Supreme Court on Wednesday suggested the formation of a policy for closure of cases of banks and financial institutions involving amount below a certain limit. The Court suggested that such policy can exempt the complaints filed by private parties.
A Bench comprising Justice Nageswara Rao, Justice BR Gavai and Justice Ravindra Bhat orally asked the Centre and State Governments to come up with a policy in this regard, after an analysis to be undertaken by the banking sector, preferably the Indian Banks Association (IBA).
23. Why Not Release AG Perarivalan In Rajiv Gandhi Assasination Case? Supreme Court Asks Centre
In a significant development, the Supreme Court on Wednesday asked the Central Government why can't AG Perarivalan, the convict in the Rajiv Gandhi assasination case, be released, having regard to the fact that the Court has been releasing many prisoners who have served over 25 years of sentence.
The Court said that without deciding the legal issue as to who is competent to grant him remission - the Governor or the President- it can release the prisoner, having regard to his long years of incarceration(32 years).
As regards the blacklisting of almost 3500 persons in connection with the Tablighi Jamaat congregation, the Supreme Court on Wednesday was told by ASG K. M. Nataraj that the concerned authority is still working on the resolution for which another one week's time is required.
The Central Government on Wednesday argued before the Supreme that the matter pertaining to legal dispute between the Delhi Government and the Central Government regarding the control over administrative services in the national capital, be referred to a Constitution Bench for a holistic interpretation of Article 239AA which is central to the determination of issues involved.
The Delhi Government has told the Supreme Court that it has taken measures to increase the security of the Tihar jail, which had come under the Court's scrutiny in the Unitech case following reports that the jail officials had acted in connivance with the accused Chandra brothers.
The Supreme Court on Thursday posted the petitions challenging the validity of criteria of Rupees 8 Lakhs annual income limit as the upper limit for seeking Economically Weaker Sections(EWS) reservation in the All India Quota for NEET admissions for the second week of May, 2022.
28. Domestic Violence Act : Supreme Court Seeks Information From NALSA About DV Cases
While hearing a plea seeking appointment of Protection Officers (POs) and Service Providers and establishment of Shelter Homes and Medical facilities in terms of the Protection of Women from Domestic Violence Act 2005 (DV Act), the Supreme Court, on Thursday, directed the National Legal Services Authority (NALSA) to inform the Court about the number of DV Act cases initiated and pending and also the number of cases in which the services of Service Provider or Shelter Homes are needed, before it can take any further call.
Being apprised of the burgeoning pendency in the execution proceedings of arbitral awards and applications to set aside award under Section 34 of the Arbitration and Conciliation Act, 1996, in the State of Uttar Pradesh, the Supreme Court, on Thursday, requested the Chief Justice of Allahabad High Court to constitute a committee of Judges to device a roadmap to tackle the arrears.
30. Bail Order Should Be Furnished To Accused In Prison On Same Day Of Pronouncement : Supreme Court
The Supreme Court on Thursday clarified that Rule 17 of the 2021 Draft Criminal Rules on Practice- which the High Courts have been directed to adopt - should be read as a mandate for furnishing of the bail order to the prison concerned, and the concerned prison in turn should furnish the same to the accused on the same day of pronouncement.
The Supreme Court, on Thursday, provided last opportunity to the State of Andhra Pradesh to file its counter affidavit in the plea assailing the act of the Andhra Pradesh Government of transferring funds from the State Disaster Response Fund ("SDRF'), from where the ex-gratia compensations are being disbursed to the kins/family members of the persons who have lost their lives to COVID-19 death, to personal deposit account.
The Supreme Court on Thursday directed the National Aluminium Company Ltd (NALCO) to allocate a total quantity of 90K metric tons of alumina to Vedanta Resource Limited, UK ("VRL-UK") as full & final settlement of the entire outstanding quantity remaining to be executed.
The Supreme Court, on Thursday, asked the Rajasthan High Court to exercise caution while settling question papers and answer keys for Examinations pertaining to recruitment of Civil Judges.
"Before parting we caution the High Court (Rajasthan) in future whenever examination of Civil Judges is conducted care and caution to be taken by the settler of the papers and also the answer keys so that the situation which has arisen in present years and which had occurred in earlier years do not occur and aspirants do not suffer," bench of Justices MR Shah and BV Nagarathna said.
The Supreme Court on Friday agreed to hear on May 18 the petitions filed by the NGO Centre for Public Interest Litigation(CPIL) challenging the appointment of Rakesh Asthana as the Commissioner of Delhi Police.
The Supreme Court on Friday issued notice to the State of Madhya Pradesh in the Special Leave Petition preferred by "in-service candidates" of the State of Madhya Pradesh seeking to not shift the unfilled seats of the reserved category of in-service compartment to open/direct category.
36. Justice Narasimha Recuses From Hearing Meru Cabs Appeal As He Had Appeared For Uber
Supreme Court judge Justice PS Narasimha on Friday recused from hearing an appeal filed by Meru Cabs citing his appearance for Uber India earlier in another case as a lawyer.
A bench comprising Justices L Nageswara Rao and Justice Narasimha was considering an appeal filed by Meru Cab challenging the order of the Competition Commission of India which dismissed its complaint alleging abuse of dominant position by Uber India.
37. Supreme Court Refuses Urgent Listing For Plea To Declare Virtual Court Hearing A Fundamental Right
The Supreme Court, on Friday, refused to permit urgent listing of the plea seeking a declaration that virtual court hearing is a fundamental right.
The Supreme Court on Friday asked the Ministry of Health and Family Welfare to consider afresh its decision to not lower the qualifying cut-off percentile for admissions to the Bachelor of Dental Surgery(BDS) within a period of 1 week.
The Supreme Court, on Friday, directed the prisoners released on parole by the Kerala Government due the surge in COVID-19 cases in prison, who were permitted to remain on parole by an earlier order of the Apex Court, to surrender before the respective jails within a period of two weeks.
The Supreme Court on Friday dismissed a petition seeking to declare the A plea has been moved before the Supreme Court seeking a court-monitored special investigation team (SIT) headed by a retired Supreme court judge to ensure a free and fair investigation into the violent demolition of several properties at Khargone, Madhya Pradesh. State Round counseling for NEET-PG 2021 as null and void.
The Supreme Court on Friday observed that till the FEMA Appellate Tribunal vacancies are filled up, it might require that all proceedings across the Board should be kept in abeyance to obviate the possibility of the High Courts being flooded with cases.
The Supreme Court on Friday refused to interfere with a Bombay High Court judgment which held that doctors and healthcare services are not excluded from the ambit of the Consumer Protection Act 2019.
The Supreme Court on Friday ordered the release of a 62-year old man named Mohammad Qamar, who has been under detention in a Foreigners Detention Centre since 2015 on being adjudged that he belonged to Pakistan and that he was not an Indian citizen.
The Court directed the Union Government to take a decision on granting him a Long Term Visa. The Union's decision should be placed before the Court within 4 months.
44. Khargone Demolitions: Plea Before Supreme Court Seeks Court-Monitored SIT For Fair Probe
A plea has been moved before the Supreme Court seeking a court-monitored special investigation team (SIT) headed by a retired Supreme court judge to ensure a free and fair investigation into the violent demolition of several properties at Khargone, Madhya Pradesh.
A Writ Petition has been moved before the Supreme Court seeking postponement of Mains Examination of Haryana Civil Service (Judicial Branch)- 2021 in view of its clash with the date announced for conducting the Preliminary Exam of Madhya Pradesh Civil Judge, Junior Division (Entry Level) Exam-2021.
A Supreme Court bench of Justices MR Shah and BV Nagarathna recently upheld Madras High Court's order dated November 12, 2021 of refusing to grant injunction against the remake of the Tamil film "Valee".
The Supreme Court, on April 21, asked its Registry to seek particulars of the pending applications under Section 11(6) of the Arbitration and Conciliation Act, 1996 from all High Courts. It noted that the same shall reach the Apex Court by 06.05.2021.
IIT aspirants who appeared in JEE Advanced 2020 and 2021 but were either not able to qualify or who qualified but got low rank have approached Supreme Court challenging notice dated December 30, 2021 which makes them ineligible from being granted the benefit of extra chance to appear in JEE Advanced, 2022.
The Supreme Court has decided to examine whether Section 11(6) as amended by the Arbitration & Conciliation (Amendment Act), 2015 ("2015 Amendment Act") would be applicable to arbitral proceedings commenced before the Court prior to the 2015 Amendment came into force on 23.10.2015, or the cases wherein notice was issued prior to 23.10.2015 or cases where notice invoking arbitration was issued prior to the amendments.
50. Are Prosecutors Given Incentives For Securing Death Penalty? Supreme Court Asks MP Govt
The Supreme Court asked the State of Madhya Pradesh to place on record whether it has adopted any policy to grant incentivises and increments to the Public Prosecution based on the volume of their cases wherein death sentence is awarded.
On 29.03.2022, while hearing an application seeking permission for mitigation investigators to interview the petitioner in prison, a Bench comprising Justices U.U. Lalit, S. Ravindra Bhat and P.S. Narasimha had directed the Supreme Court Registry to register an independent Writ Petition, wherein it would consider the larger issue and lay down norms and guidelines pertaining to the process of collecting and scrutinising mitigation information in death penalty matters.
Observing that fair and impartial investigation has not been carried out in the case relating to the alleged custodial death of Mohd.Faisal in a police station in Unnao District in the State of Uttar Pradesh, the Supreme Court has ordered further investigation into the matter by a senior officer.
The Court noted that none of the police officers who are made witnesses in the case have supported the prosecution and yet a charge sheet was filed. The chargesheet was filed for the offence of Section 304 of the Indian Penal Code (culpable homicide not amounting to murder). The Sessions Court altered the charge to the offence of murder under Section 302 IPC.
The Supreme Court, on April 21, asked the Bar Council of India (BCI), to consider the suggestions of the Amicus Curiae to provide incentives to Advocates who take in young lawyers as their juniors.
Apart from this, the Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh also requested the High Court Judges to engage young lawyers as law clerks. It noted - "BCI has constituted a High Powered Committee to check legal and constitutional validity of compulsory chamber placement…submission of Amicus in this regard can be placed before the committee for consideration. Most High Courts have provision for law clerks. This is an opportunity for young lawyers to get guidance. At times these posts are not filled in. We request the Hon'ble Judges to give opportunity to younger lawyers by facilitating their working as law clerks based on selection of each judge."
53. Supreme Court Affirms High Court's Order Refusing MBBS Admission To Candidate Having 80% Disability
The Supreme Court recently affirmed Kerala High Court's order of refusing to grant admission to a candidate who is having 80% disability.
The bench of Justices MR Shah and BV Nagarathna while upholding High Court's order said, "Having heard the learned counsel appearing on behalf of the respective parties and considering the opinion given by the Medical Board that the petitioner is having 80% disability and, therefore, he is unfit to pursue and complete the MBBS curriculam, the learned Single Judge has rightly denied the relief of admission which is rightly confirmed by the Division Bench of the High Court."
While considering a petition filed by NRI students seeking time for fresh registration in the NRI quota before commencement of the NEET Mop-Up counseling in the State of Kerala for MBBS admissions, the Supreme Court on Friday asked the State to carry out a fresh exercise of verification for the 38 NRI candidates claiming admission.
The bench of Justices DY Chandrachud and Hima Kohli issued the directions to ensure that the proper verification is carried out with regards to the admission of the NRI candidates.