Supreme court
Judgment On Govt Employees' Entitlement To Increment Earned A Day Before Retirement : Supreme Court Clarifies Date Of Application
The Supreme Court has passed an interim order making certain important clarifications regarding the application of its judgment in the case The Director (Admn and HR) KPTCL & Others vs CP Mundinamani and others which held that government employees are entitled to the increment which they earned on the previous day of their retirement.The judgment was delivered by two-judge bench on April...
Companies Act | When Can Courts Exercise Power Of Rectification Of Register Of Members? Supreme Court Explains
The Supreme Court in a recent judgment held that Company Law Tribunals can exercise powers of rectification of the register of members under Companies Act 2013 if the applicant was a victim of an 'open-and-shut' case of fraud by his opponents.The bench of Justices Sanjiv Khanna and Sanjay Kumar also explained the concept of 'rectification' and held that company courts should carefully...
Don't Accept Black & White Photographs Without Permission Of Court : Supreme Court Directs Registry
The Supreme Court has directed the Registry to not accept black and white photographs produced by parties without the permission of the Court."We are observing for a fairly long time that parties take full liberty in placing on record black and white photocopies of photographs, mostly which are blurred. The Registry is directed not to entertain hitherto any black and white photographs...
When Reasons Aren't Recorded To Appoint Junior Officer As Judge Advocate, Court Martial Proceedings Stand Invalidated: Supreme Court
The Supreme Court on Monday (Sep.9) observed that non-recording of the reasons in the convening order to appoint a Junior Officer as Presiding Officer of the Martial Court would invalidate the proceedings recorded before such Junior Officer. Drawing reference from the case of Union of India & Anr. vs. Charanjit Singh Gill (2000) the Court, in essence, said that it would be impermissible...
Flat Possession Offered Without Completion & Firefighting Certificates : Supreme Court Asks Developer To Compensate Buyer
In a recent case, the Supreme Court directed the Agra Development Authority(ADA) to grant compensation to the tune of Rs. 15 Lakhs to a flat buyer over a deficiency in service caused by the developer in offering the possession of the flat without requisite completion certificate and firefighting clearance certificate.The absence of these documents unquestionably vitiates the offer of...
Arbitration | Courts At Referral Stage Must Not Enter Into Contested Questions Involving Complex Facts : Supreme Court
The Supreme Court on Monday (Sep.9) reiterated that once there exists a valid arbitration agreement, than it would not be justifiable for the referral courts at the referral stage to venture into contested questions involving complex facts.Emphasizing upon the doctrine of competence-competence enshrined under Section 16 of the Arbitration & Conciliation Act, 1996 (Act), the Court said...
PMLA Prevails Over CrPC Regarding Procedure For Summoning Persons : Supreme Court
The provisions of the Prevention of Money Laundering Act (PMLA), 2002, will prevail over the Code of Criminal Procedure, 1973 (CrPC) in relation to the summoning of a person, held the Supreme Court in the judgment dismissing the appeals of Trinamool Congress MP Abhishek Banerjee and his wife Rujira Banerjee challenging the summons issued by the Enforcement Directorate for their appearance...
Supreme Court Dismisses Plea To Stop India's Military Exports To Israel Amidst Gaza Conflict
The Supreme Court on Monday (September 9) dismissed a petition seeking the suspension of military exports from India to Israel amidst the ongoing war against Gaza.The Court said that it was beyond its jurisdiction to direct the Government of India to not export materials to any country, as it was a matter which was completely within the domain of foreign policy.The bench comprising Chief...
Supreme Court Dismisses Appeals Of TMC MP Abhishek Banerjee & Wife Against ED Summons In Coal Scam Case
The Supreme Court on Monday (September 9) dismissed the appeals filed by TMC MP Abhishek Banerjee and his wife-Rujira Banerjee challenging the Enforcement Directorate's summons in relation to a coal scam case. The duo, which claimed Calcutta to be its ordinary place of residence, challenged the ED summons insofar as they required attendance at New Delhi.The ED Summons was in relation to...