Supreme court
APSRTC Employees Appointed In Regions Forming Part Of Telangana Will Be TSRTC Employees Following Andhra Pradesh Bifurcation : Supreme Court
The Supreme Court held that the employees of the Andhra Pradesh State Road Transport Corporation (APSRTC), who were appointed at regional levels in areas which formed part of the State of Telangana, will continue as employees of the Telangana State Road Transport Corporation (TSRTC), which is the successor corporation following the bifurcation of the State of AP.The Supreme Court set aside...
Supreme Court Upholds Quashing Of Disciplinary Proceedings Against Professor Who Couldn't Join Duty Due To COVID
The Supreme Court recently upheld the Kerala High Court's decision quashing the termination of an Assistant Professor who was unable to resume his duties after Leave Without Allowance (LWA) due to COVID-19 pandemic. A bench of Justice PS Narasimha and Justice Pankaj Mithal noted that the relevant disciplinary provision - Rule 15(2)(a) of the Kerala Civil Services (Classification, Control...
Supreme Court Orders Release Of Ex-Bhushan Steel MD Neeraj Singal In PMLA Case, Says ED Violated Law On Arrest
The Supreme Court today ordered the release of former Managing Director of Bhushan Steel Limited-Neeraj Singal in a money laundering case. The order was passed citing Singal's long incarceration of about 16 months and the unlikelihood of completion of trial in a short span.A bench of Justices Sanjiv Khanna and Sanjay Kumar was hearing Singal's challenge to his arrest and dismissal of bail by...
Supreme Court Directs HP High Court Collegium To Reconsider Elevation Of 2 District Judges, Says HC CJ Wrong In Taking Individual Decision
The Supreme Court allowed a writ petition filed by two senior district judges from Himachal Pradesh contending that the Himachal Pradesh High Court collegium ignored their merit and seniority while recommending names for elevation to the High Court.The Court on Friday (September 6) directed the collegium of Himachal Pradesh High Court to reconsider the names of District Judges Chirag Bhanu...
IBC | 'Auction-Purchaser Entitled To Benefit Of COVID Limitation Extension' : Supreme Court Refuses To Cancel Sale Over Delayed Deposit
The Supreme Court recently refused to cancel an e-auction despite the Auction Purchaser making a glaring default in making a deposit of the balance sale consideration on grounds that the subject matter of the auction has been utilised and the appellant failed to approach the court on time.A bench of Justices Hima Kohli and Ahsanuddin Amanullah noted: "Much water has flown under the bridge by...
'No Minimum Sentence Prescribed For Conviction Under S.304A & 338 IPC' : Supreme Court Alters Sentence In Negligent Driving Case
Recently, the Supreme Court ordered the release of a convict charged for causing the death of a pillion rider of a motorcycle due to his rash and negligent driving by reducing his period of sentence to a period already suffered by him during custody. Noting that there's no minimum punishment of sentence prescribed for under Sections 304 A and 338 of the IPC, the bench comprising...
S. 401 CrPC | High Courts Can't Convert Order Of Acquittal To Conviction Under Revision Jurisdiction : Supreme Court
The Supreme Court observed that the High Court while exercising a Criminal Revision jurisdiction under Section 401 Cr.P.C. (now Section 442 of BNSS) cannot order a decision of acquittal to conviction. The Court said that if the High Court believes that the acquittal was wrong, then instead of reversing the acquittal it could have remanded back the matter for re-appreciation by the...
S.149 IPC | When Accused Is Roped In For Being Member Of Unlawful Assembly, Whether He Caused Injury Is Irrelevant : Supreme Court
The Supreme Court on September 4 upheld the judgment and order of the Allahabad High Court convicting and sentencing the appellant for murder along with rioting armed with deadly weapon. A bench of Justices Abhay S. Oka and Ujjal Bhuyan was hearing a criminal appeal where the appellant argued that although he had carried a country-made pistol at the crime scene, where other accused had...
Supreme Court Holds Landowners Liable Along With Builder For Deficiencies In Flat Constructions
The Supreme Court recently held that a revocation of power of attorney executed between landowners and builder for developing their land would not absolve the landowners from being jointly and severally liable along with the builder in a consumer case for deficiency of service. The Court observed that the Joint Venture Agreement (JVA) between the builder and the landowners remained operative...
Supreme Court Dismisses Plea Of Ex-Vigilance Commissioner For Chief Secretary's Pay Scale
The Supreme Court dismissed an appeal by a former State Vigilance Commissioner of Nagaland seeking a pay scale equivalent to that of the Chief Secretary of the State observing that he is not entitled to the Chief Secretary's pay scale merely because some predecessors were getting that pay scale.A bench of Justice Hima Kohli and Justice Sandeep Mehta observed that the appellant...
Specific Relief Act | S.28 Application Can Be Filed In Trial Court Even If Decree Was Passed By Appellate Court : Supreme Court
The Supreme Court reiterated that an application under Section 28 of the Specific Relief Act, 1963, can be filed before the trial court even if the decreee for specific performance was passed by the appellate Court.Referring to the precedent Ramankutty Guptan Vs. Avara (1994) 2 SCC 642 and V.S. Palanichamy Chettiar Firm Vs. C. Alagappan and Anr (1999) 4 SCC 702, the Court observed :"in our...