Supreme court
Can Past Service As Judicial Officer In One State Be Counted For Benefits In Judicial Service In Another State? Supreme Court To Consider
Can the past service in the judicial services of another State be taken into account for the purpose of benefits in the judicial service of one state? The Supreme Court is set is examine this issue in a case.Recently, the Court issued notice to the Delhi High Court in a Special Leave Petition filed against the Delhi High Court order wherein one Ms. Neetu Nagar, a candidate serving in...
Supreme Court Upholds Constitutionality Of IBC Provisions Relating To Personal Guarantors; Says Adjudicatory Role Can't Be Read Into Sec 97
In a significant judgment, the Supreme Court on Thursday (November 9) upheld the constitutionality of the provisions of the Insolvency and Bankruptcy Code (IBC) relating to Personal Guarantors' Insolvency Resolution, which were introduced through the amendments made in 2019.The Court held that these provisions (Section 95 to 100 IBC) cannot be held as unconstitutional for not affording...
4 Circumstances To Be Proved In Cases Of Murder By Poison : Supreme Court Explains
The Supreme Court recently exonerated an accused in a two-decade-old case involving alleged liquor poisoning which led to the death of a man. The Court invoked the landmark 1984 case of Sharad BirdhiChand Sarda v. State of Maharashtra (1984) 4 SCC 116 to reiterate the circumstances to be proved in cases of murder by poison, namely underlining the importance of establishing a clear motive,...
Supreme Court Issues Guidelines To High Courts To Monitor Early Disposal Of Cases Against MPs/MLAs
The Supreme Court on Thursday (November 9) issued a slew of directions to monitor the early disposal of pending criminal cases against Members of Parliament and Members of Legislative Assemblies.A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra observed that it was difficult for the Supreme Court to lay down uniform guidelines...
'Aggrieved Woman' Not Covering LGBTQIA Persons : Supreme Court Refuses Plea To Make Its Sexual Harassment Regulations Gender-Neutral
In a significant legal development, the Supreme Court refused to entertain a plea seeking amendments in Gender Sensitization and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013 for making the same to be gender neutral. The amendments were sought in view to bring the constitutional rights of other persons such as LGBTQIA+...
Supreme Court Asks Madras High Court To Consider Amending Rules To Ensure Cause Title Of Criminal Appeal Reflects State’s Name
The Supreme Court recently directed the Madras High Court to consider amending the High Court Rules to include the name of the state in the cause title of criminal cases.A bench of Justice Hrishikesh Roy and Justice Sanjay Karol was considering a criminal special leave petition against a Madras High Court order, when it observed that the SLPs arising from the State of Tamil Nadu do not...
Heralding E-Revolution Of Judiciary : CJI DY Chandrachud's Administrative Reforms In One Year
As Chief Justice of India DY Chandrachud completes one year as the head of the Indian judiciary, it is worthwhile to have a look at some of the notable administrative and infrastructural reforms ushered in by him during this term.The period since he took the office as the 50th Chief Justice of India on November 9, 2022 has witnessed several path breaking initiatives that include adoption...
PNB Regulations | Bank Can't Withhold PF & Gratuity Without Proving Actual Loss Caused By Employee : Supreme Court
The Supreme Court recently ruled in favor of an employee(appellant), directing the Punjab National Bank (PNB) to release the provident fund (PF) and gratuity due to him who was compulsorily retired. The court held that as per the Punjab National Bank (Officers’) Service Regulations, 1979(1979 Regulations), the bank could withhold the PF amount only when any loss is proved to be caused to it...
Supreme Court Declines Tamil Nadu's Plea To Allow It To Appoint Archakas To Agamic Temples, Refuses To Vacate Status Quo
The State of Tamil Nadu urged the Supreme Court on Wednesday to vacate the status quo ordered by it relating to the appointment of Archakas (poojari/priest) in Agamic Temples in the State. However, the State's plea was declined by the Apex Court. In August 2022, a division bench of the Madras High Court had read down the Tamil Nadu Hindu Religious Institutions Employees (Conditions of...
Kerala Govt Approaches Supreme Court Challenging HC Judgment Refusing To Fix Timeline For Governor's Assent To Bills
A plea has been filed in the Supreme Court by the Kerala Government against the judgment of the High Court that had dismissed a Public Interest Litigation (PIL) filed by a lawyer challenging the action of the Governor of Kerala, Arif Mohammed Khan withholding bills passed by the State legislature indefinitely, and without adopting the course envisaged under Article 200 of the Constitution. In...
S.65B Evidence Act Certificate Can Be Produced At Any Stage Of Trial: Supreme Court Allows Prosecution Plea In 2008 Bangalore Blasts Case
The Supreme Court reiterated that a certificate under Section 65B of the Indian Evidence Act to prove electronic evidence can be produced at any stage of the trial.A bench comprising Justices Vikram Nath and Rajesh Bindal set aside a judgment of the Karnataka High Court which refused to allow the prosecution to produce Section 65B Certificate in the trial relating to the 2008 Bangalore...
Stubble Burning | Punjab Preservation Of Subsoil Water Act Creating Problems, Need Relook : Supreme Court Tells Punjab Govt
In relation to the issue of stubble burning and its consequent effects on the air quality in Delhi, the Supreme Court on Tuesday asked the Punjab Government to have a relook into the Punjab Preservation of Subsoil Water Act, 2009.A bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia observed that though the objective of the Act was to preserve subsoil whatever, the adherence to...