Supreme court
When Can Entire Selection Process Be Set Aside For Irregularities? Supreme Court Lays Down 4 Key Principles
The Supreme Court today (April 3), while upholding the quashing of nearly 25000 teaching and non-teaching staff appointments made by the West Bengal School Selection Commission (SSC) in 2016, laid down key principles to be considered by the Court when dealing with challenges to appointments in government employment. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar observed 4...
If Appointment Is Illegal, Candidate Cannot Claim Equitable Relief Under Article 142 : Supreme Court
The Supreme Court observed in a recent judgment that if the initial appointment is illegal, then the candidate cannot claim equitable relief to secure the post invoking the special powers under Article 142 of the Constitution.If a candidate gained entry through a process which was not legal and valid, then the Court cannot come to his rescue in the exercise of powers under Article 142.A bench comprising Justice Dipankar Datta and Justice Manmohan made these observations while affirming a...
'Tapentadol Hydrochloride Not Scheduled Psychotropic Substance' : Supreme Court Grants Anticipatory Bail In NDPS Case
The Supreme Court recently granted anticipatory bail to the accused who was accused of possessing a Tapentadol Hydrochloride tablet (a pain reliever used to treat moderate to severe acute pain). Since Tapentadol Hydrochloride is not included in the Schedule of the NDPS Act, the Court said that it is not a psychotropic substance. The bench comprising Justices Dipankar Datta and Manmohan heard the bail plea where the key allegation against the appellant was that there was a recovery of 550...
Payment Of Bonus Act | Workers Can't Be Denied Bonus Saying Factories Are Run By Charitable Trust : Supreme Court
The Supreme Court held that an entity running factories cannot deny bonus to workers on the ground that the factories are being run by a charitable trust.Observing that entitlement to bonus is a statutory right under the Payment of Bonus Act, 1965 (“Bonus Act”), the Supreme Court dismissed the plea of the factory management who resisted payment of bonus to its workmen citing its dependence on the Red Cross Society, which is exempted under the Bonus Act from payment of Bonus. A bench of Justices...
Supreme Court Refuses To Limit Firecracker Ban In Delhi-NCR To 3-4 Months; No Exemption For Green Crackers
The Supreme Court on Thursday (April 3) passed an order imposing a year-long ban on the use, manufacture, sale and storage of firecrackers in the Delhi-National Capital Region.The Court observed that imposing such a ban only for a period of 3-4 months every year is not effective given the worsening air quality of the national capital. Due to the extraordinary situation prevailing in Delhi-NCR, the Court said that no exception can be allowed, even for green crackers. Even online sales of...
Electricity Act, 2003 | State Commissions Retain Oversight Over Inter-State Power Supply Affecting Grids Within State : Supreme Court
In a key development under the Electricity Act, 2003 (Act of 2003), the Supreme Court observed that the State Electricity Regulatory Commission (“SERC”) can regulate open access even for inter-state power supply if it affects their grid. The Court ruled that while the Central Electricity Regulatory Commission (CERC) holds jurisdiction over inter-state electricity transmission, this does not preclude State Electricity Regulatory Commissions (SERCs) from regulating inter-state power supply when...
S. 138 NI Act | Complainant Has No Onus To Prove Financial Capacity At The Threshold : Supreme Court
The Supreme Court reaffirmed that once the drawer admits to signing the cheque, the presumption under Section 139 of the Negotiable Instruments Act, 1881 (“NI Act”) cannot be rebutted merely by questioning the complainant's debt-giving capacity, especially when such a defence was not raised in the reply notice by the accused.“The onus is not on the complainant at the threshold to prove his capacity/financial wherewithal to make the payment in discharge of which the cheque is alleged to have been...
Party Interested In Property Deemed To Know About Sale Deed From Registration Date : Supreme Court Rejects Partition Suit Filed After 45 Yrs
Noting that the limitation period begins from the date of registration of the sale deed, which constitutes constructive notice, the Supreme Court on Thursday (April 2) overturned the High Court's decision upholding a decree in a partition suit filed 45 years after the sale deed was registered. Citing Suraj Lamp Industries Pvt. Ltd. v. State of Haryana & Anr. (2012) 1 SCC 656, the Court noted that the registration of the sale deed constitutes a public notice, and any suit for partition filed...
No Universal Rule That Candidate With Qualification Higher Than Basic Eligibility For Post Must Be Preferred: Supreme Court
Though over-qualification by itself is not a disqualification, there is no general rule that candidates with qualifications higher than the basic qualification required for a post must be preferred, observed the Supreme Court in a judgment delivered today.The Court observed that there is no straight-jacket rule that candidates with higher qualifications must be selected over those with...
