Right To Property Under Article 300A Available To A Person Who Isn't A Citizen Of India : Supreme Court

The Supreme Court has observed that the right to property as enshrined under Article 300A of the Constitution extends to persons who are not citizens of India.“The expression person in Article 300-A covers not only a legal or juristic person but also a person who is not a citizen of India. The expression property is also of a wide scope and includes not only tangible or intangible property...

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 12 to 18]

Administrative LawRecruitment - Reserved Female Category - Non-Creamy Layer (NCL) - The Appellant i.e., a candidate who was scrupulously following the terms and conditions of the Impugned Advertisement was constrained to apply under the 'Open General Category' only on account of certain logistical limitations preventing her from obtaining a valid NCL Certificate. Held, the Appellant cannot...

'Enemy Property' Not Exempt From Municipal Taxes As It Is Not Vested With Union Govt : Supreme Court

The Supreme Court held that the 'enemy property' vested in the possession of the Union Government-appointed 'custodian', as per the Enemy Property Act, 1968, cannot be considered a property of the Union Government to claim the exemption from the municipal taxes under Article 285 (1) of the Constitution of India.“Union of India cannot assume ownership of the enemy properties once the...

Non-Disclosure Of Criminal Antecedent In Recruitment Not Always Fatal, Courts Must Apply Mind To Avoid Arbitrariness: Supreme Court

In a candidate's challenge to his disqualification from recruitment process for the post of Constable, on account of furnishing of a false affidavit and non-disclosure of criminal case that resulted in his acquittal, the Supreme Court recently held that the decision of the employer in such cases (usually to cancel selection) shall not be mechanical and must take into consideration...

Mere Withdrawal From Marriage Won't Amount To Offence Of Cheating Under Section 417 IPC : Supreme Court

The Supreme Court held that mere non-performance of marriage by the accused at the booked marriage hall doesn't amount to committing an offence of cheating punishable under Section 417 IPC.“We do not see how an offence even under Section 417 of IPC is made out against the present appellant. There can be multiple reasons for initiating a marriage proposal and then the proposal not reaching...

Supreme Court Annual Digest 2023 - Civil Minor Acts

Administrative Tribunals Act, 1985Administrative Tribunals Act 1985 - The relevant State Government has the implied power to issue a request to abolish the SAT in its state to the Union Government. The Union Government in turn has the implied power to rescind the notification by which that SAT was established, thereby abolishing the SAT. (Para 59) Orissa Administrative Tribunal Bar Association...

Supreme Court Records SOP Suggested By Union Govt To Support Poor Prisoners

Recently, in a significant order, the Supreme Court has recorded a Standard Operating Procedure (SOP) to implement the scheme for support to poor prisoners. The Union proposed this procedure while the Court was ascertaining compliance with the directions in the landmark decision of Satender Kumar Antil vs Central Bureau Of Investigation. In the 2022 judgment in Satender Kumar Antil,...

Are SC Judgments On Bail Included In Curriculum Of Judicial Academies ? Supreme Court Asks High Courts

The Supreme Court has, recently (on February 13), directed the High Courts to inform whether the decisions taken in Siddharth v. State of UP, (2022) 1 SCC 676 and Satender Kumar Antil vs Central Bureau Of Investigation have been included in the curriculum of judicial academy. The Division Bench of Justices MM Sundresh and SVN Bhatti was hearing an application, filed in the main matter...

Injunction Suit To Protect Possession Not Maintainable When Plaintiff's Title Is Disputed: Supreme Court

The Supreme Court held that the suit for injunction may not be maintainable against the defendants if the plaintiff fails to prove the title of the property while praying for the injunction. “....a suit simpliciter for injunction may not be maintainable as the title of the property of the plaintiff/respondent was disputed by the appellants/defendants. In such a situation it was required...

Can 'Sikh Chamar' Be Regarded As 'Mochi' Caste In Maharashtra? Supreme Court Considers In Navneet Kaur Rana's Case

The Supreme Court on Thursday (February 23), resuming its hearing on the issue of cancellation of the caste certificate of Amravati MP Navneet Kaur Rana, dwelled into the aspect of the purpose and scope of the Constitution (Scheduled Castes) Order, 1950 and how the designation of Scheduled Castes in different states varied on sociological basis. The bench comprising Justices JK Maheshwari...

Is New Bail Law Under Preparation? Supreme Court Asks Centre

The Supreme Court has asked the Union of India to inform whether it is contemplating to introduce a new Bail Law as per the recommendation made by the Court in its 2022 judgment in Satender Kumar Antil v. Central Bureau of Investigation.A bench comprising Justices MM Sundresh and SVN Bhatti, while ascertaining compliance of the directions in Satender Kumar Antil, stated in its recent order...

Homemaker's Deemed Income Can't Be Less Than Minimum Wages Notified For Daily Wager : Supreme Court

The Supreme Court, while deciding a claim under the Motor Vehicles Act of 1988, observed that it is difficult to assess a contribution made by the homemaker in monetary terms. The Division bench of Justices Surya Kant and K.V. Vishwanathan termed such contribution 'high order and invaluable.' Further, it also stated that the role of a homemaker is as important as that of a family...