Supreme court
Government Employee Can't Refuse To Join New Place Of Posting While Contesting Transfer : Supreme Court
The Supreme Court recently condemned frequent instances of transferred employees not joining new places of posting while legal or administrative challenges to their transfer are underway."It is not uncommon to see employees who challenge such orders of transfer before various forums, extending the litigation to several years, while choosing to not join the service and still seeking full...
Government And Private Sector Should Focus On How To Accommodate, Not Disqualify, Candidates With Disabilities: Supreme Court
The Supreme Court on Tuesday (October 15) stressed that the focus of the government, regulatory bodies, and the private sector should be on how to accommodate and provide opportunities for candidates with disabilities, rather than seeking ways to disqualify them or hinder their educational goals.“The approach of the Government, instrumentalities of States, regulatory bodies and for that...
Perplexed At Life Convict Given Remission After 2.5 Years Imprisonment, Supreme Court Seeks UP Authorities' Explanation
While setting aside an order for the premature release of a life convict having spent only 2 years, 5 months and 12 days of imprisonment, the Supreme Court recently took a strong view against the Uttar Pradesh jail authorities for recommending his name for remission despite the State's remission policy mandating 14 years of imprisonment before a life convict could be considered eligible...
On Transfer Of Judge Who Convicted, No Need For Fresh Hearing On Conviction; New Judge Need Hear Only On Sentence: Supreme Court
In a case where the Trial Judge was transferred after pronouncing a judgment of conviction but prior to passing of the order on sentence, the Supreme Court recently held that the new Judge was not required to hear the case afresh on the point of conviction/acquittal. A hearing on the quantum of sentence alone remained to be afforded for compliance with Section 235 CrPC."The contention of...
Supreme Court Lauds Achievements Of Persons With Disabilities In Judgment Allowing Medical Education For Candidate With Disability
In its landmark judgment holding that the mere existence of a physical disability should not be a ground to disbar a candidate from medical education, the Supreme Court named several individuals who achieved great accomplishments despite their disabilities.The bench comprising Justices BR Gavai, Aravind Kumar and KV Viswanathan allowed the plea of a student with 40-45% speech and...
S. 108 Electricity Act | State Electricity Regulatory Commission Not Bound By Directions Of State/Central Government : Supreme Court
The Supreme Court observed that the State Electricity Regulatory Commissions are not bound by the Central/State Government's directions issued under Section 108 of the Electricity Act, 2003 (“Act”). “We are in agreement with the judgment of APTEL insofar as it holds that the directive which was issued by the State government under Section 108 could not have displaced the...
Pendente Lite Transferee Being Stranger To Suit Can File Application Under Order XXI Rule 99 CPC Against Dispossession : Supreme Court
The Supreme Court observed that a pendente lite transferee, being a stranger to the suit, can file an application under Order 21 Rule 99 of Code of Civil Procedure, 1908 (“CPC”) against dispossession from the suit property. Order XXI Rule 99 CPC comes to the rescue of the person who being a stranger to the suit was dispossessed by the decree holder upon the execution of the decree. It...
Mere Existence Of Benchmark Disability Won't Disqualify Candidate From MBBS Course : Supreme Court
The Supreme Court on Tuesday (October 15) held that the mere existence of a benchmark disability is not a reason to bar a person from pursuing medical education unless there is a report by the disability assessment board that that candidate is incapacitated from studying the MBBS course.Mere quantification of the disability will not disbar a candidate and the capacity to pursue the course has...
Limitation For Adverse Possession Starts From When Possession Becomes Adverse, Not From When Plaintiff Got Ownership : Supreme Court
The Supreme Court on Monday (Oct. 14) observed that the period of limitation to prove title by adverse possession would commence from the date of the defendant's possession becoming adverse and not from when the plaintiff acquires the right of ownership. The bench comprising Justices CT Ravikumar and Sanjay Kumar heard a matter where the defendant claimed an adverse possession over...
Sale Not A Contract; No Bar To Transfer Immovable Property To Minor : Supreme Court
The Supreme Court observed that there's no bar to transfer immovable property in favour of aminor by way of a sale deed.According to the Court, the minor can become the transferee/owner by way of a sale deed and the conditions stipulated under Section 11 of the Indian Contract Act, 1872 (persons competent to contract) would not come in the way of challenging the minor's capacity to...
Lawyer's Statement During Judicial Proceedings Protected By Privilege: Supreme Court Upholds Dismissal Of Defamation Suit Against Advocate
The Supreme Court today upheld the dismissal of a defamation suit filed against Senior Advocate Vikas Pahwa over a statement made by him in course of judicial proceedings at Patiala House Courts, Delhi on the briefing counsel's instructions.A bench of Justices Dipankar Datta and Sandeep Mehta passed the order, dealing with Indian businessman Pankaj Oswal's challenge to Delhi High...
