Supreme court
Once Court Concludes That Person Is Entitled To Bail, Granting Bail For Limited Period Is Illegal: Supreme Court
The Supreme Court recently said that once a court arrives at the conclusion that a person is entitled to bail, bail cannot be granted only for a limited period of time. "When a Court concludes that the accused is entitled to be enlarged on bail pending trial, granting bail only for a limited duration is illegal. Such orders violate the right to liberty under Article 21 of the Constitution...
Promotion Through 'Limited Dept Competitive Exam(LDCE)' Can't Be Equated With Normal Promotion : Supreme Court
The Supreme Court recently distinguished between normal promotions and promotions through Limited Department Competitive Exams(LDCE). LDCE, being a competitive selection process, allows for accelerated promotions based on merit, and the criterias are specific to the competitive examination rather than regular promotions.The Court observed “a distinction has to be drawn between a...
Ensure No Further Constructions Adjacent To Ganga River : Supreme Court Directs Bihar Govt
The Supreme Court has directed the Bihar Government to ensure that no further construction takes place adjacent to the Ganga River, particularly in and around Patna.The Court has further directed the state to report to it on the progress of getting the 213 identified illegal structures, which have been raised on the floodplains of River Ganga in Patna.A bench comprising Justices Aniruddha...
Supreme Court Questions Tamil Nadu Governor For Referring Bills To President, Says He Can't Do It After Withholding Assent
The Supreme Court on Friday (December 1) questioned the decision of Tamil Nadu Governor RN Ravi to refer bills to the President, after declaring that he was withholding assent on them. The bench led by Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra orally said that the Governor cannot refer the bills to the President after the Assembly has re-enacted the...
Governor As A Chancellor Of A State University Must Act Independently And Not On Aid & Advice Of Council Of Ministers: Supreme Court
While setting aside the re-appointment of Dr. Gopinath Ravindran as the Vice Chancellor (VC) of the Kannur University in Kerala, the Supreme Court on Thursday (30.11.2023) underlined that while acting as a Chancellor of a State University, the Governor of the State acted in his personal capacity and not on the aid and advice of the council of ministers. The bench comprising CJI DY...
Supreme Court Half Yearly Digest On Service Law [Jan – Jun 2023]
Judicial review cannot be exercised to re-appreciate evidence in departmental enquiry proceedings. A Constitutional Court, while exercising its power of judicial review, cannot decide the case as if it is the first stage of the case, as if inquiry is still being conducted and an inquiry report is being prepared. Evidence cannot be re-appreciated at the stage of judicial review in a...
State Must Provide Dignified Working Conditions To Judicial Officers; Financial Dignity Essential For Judicial Independence: Supreme Court
While pronouncing an order in All India Judges Association v. Union of India, the Supreme Court today (30.11.2023) underscored the importance of ensuring dignified working conditions for judicial officers, both during their tenure and post-retirement. The case at hand pertained to the implementation of pay hikes for judicial officers recommended by the Second National Judicial Pay...
If Document Required To Be Stamped Is Insufficiently Stamped, Copy Of Document Cannot Be Adduced As Secondary Evidence: Supreme Court
The Supreme Court on Tuesday (29.11.2023) reiterated that if a document that is required to be stamped is not sufficiently stamped, then a copy of such document cannot be adduced as secondary evidence.A bench of Justice Abhay S Oka and Justice Sanjay Karol referred to catena of decisions to observe as thus:"if a document that is required to be stamped is not sufficiently stamped, then...
S. 307 IPC | 'Simple Injuries, No Repeated Or Severe Blows' : Supreme Court Overturns Conviction For Attempt To Murder
The Supreme Court, on November 28), while setting aside the conviction under attempt to murder, gave weightage to two factors. Firstly, the Court noted that there were no repeated or severe blows caused. Secondly, injuries on victims were simple in nature. “Admittedly, there is no allegation of repeated or severe blows having been inflicted. Even the injuries on PW1 and PW2 have been found...
IBC | For Rejection Of A Resolution Plan Under Section 31(2), NCLT Must Pass A Reasoned Order: Supreme Court
The Supreme Court has held that when the National Company Law Tribunal (“NCLT”) exercises its power under Section 31(2) of the Insolvency and Bankruptcy Code, 2016 to not approve a resolution plan, then a reasoned order must be passed. It was emphasized that recording of cogent reasons while passing an order is the duty of Courts and Tribunals.The Supreme Court has set aside an order...
HC Erred In Holding 18 Months Diploma In Elementary Education Through Open Distance Learning Equivalent To 2 Years Regular Diploma: Supreme Court
The Supreme Court on Monday (28.11.2023) set aside the order of the Uttarakhand High Court that held that 18 months Diploma in Elementary Education ( D.El.Ed.) conducted through the Open and Distance Learning (ODL) mode by the National Institute of Open Schooling (NIOS) is a valid Diploma for applying against the regular posts of Assistant Teachers (Primary) in the State of Uttarakhand.A...