Supreme court
Professors Entitled To Salary For Work Done Till End Of Academic Year Despite Attaining Retirement Age Mid Term : Supreme Court
Professors who continued to teach students till the end of the academic year despite attaining the age of retirement during the middle of the session are entitled to be paid for work they did beyond their retirement age, held the Supreme Court recently.A bench comprising Justices Surya Kant and Dipankar Datta was hearing an appeal filed by four professors at the Calicut University, who...
Court Can Examine If Arbitration Clause Is Arbitrary & Violates Article 14 While Considering S.11(6) Application : Supreme Court
In a significant judgment, the Supreme Court held that a clause in an arbitration agreement which is not in consonance with the Constitution cannot be enforced. The Court further held that it can examine if the arbitration clauses are manifestly arbitrary and violative of Article 14 of the Constitution while considering an application for appointment of arbitrator.A bench comprising Chief...
MBBS : Supreme Court Dismisses Plea Of Student With 80% Locomotor Disability For Medical Admission In PwD Quota
The Supreme Court recently dismissed the plea by a student suffering from 80% locomotor disability seeking reservation under the quota for Persons with Disabilities(PWD) for admission in the MBBS Course(2023-24). At the same time, the court reminded the Central government to comply with its earlier order where it had asked it to find solutions to facilitate the effective participation...
Supreme Court Issues Notice In PIL Seeking Bar Councils To Collect Data On Candidates With Disabilities To Shape Policies For Disabled Lawyers
On November 6, 2023, the Supreme Court issued notice in a Public Interest Litigation (PIL) that urges the Bar Council of India (BCI) and State Bar Councils across the nation to collect comprehensive data on candidates who are Persons with Disabilities (PWD) regarding their specific disabilities. As per the plea listed before a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and...
Is S.437 CrPC Unconstitutional For Requiring Acquitted Persons To Execute Bail Bonds For Release? Supreme Court To Consider
The Supreme Court today (06.11.2023) issued notice to the Union of India in a plea challenging the constitutionality of Section 437A of the Code of Criminal Procedure (CrPC). The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, whiling issuing notice, sought the assistance of the Attorney General for India (AG) R Venkatramani in the matter. Section 437A of...
No Hard & Fast Rule That Convict Must Undergo Particular Period Of Sentence Before Seeking Its Suspension : Supreme Court
There is no hard and fast rule that a convict should serve sentence for a particular period before the application to suspend the sentence can be considered, clarified the Supreme Court recently.A bench of Justices Abhay S Oka and Pankaj Mithal was considering a special leave petition filed against an order of the Gujarat High Court refusing to suspend the sentence.The High Court had counted...
Will The Mandate Of The Tribunal Terminate Under Section 29A Unless Extended During Its Subsistence? Supreme Court To Examine
The Supreme Court is set to examine an important issue related to the arbitration law that whether the mandate of the tribunal terminates upon the expiry of the time provided under Section 29A unless extended during its subsistence. The bench of Justices Sanjiv Khanna and S.V.N. Bhatti has issued notice in an SLP filed against the order of the Calcutta High Court wherein the High...
'Approach High Court' : Supreme Court Dismisses Popular Front of India's Plea Against Central Govt's Ban Under UAPA
The Supreme Court on Monday (November 6) dismissed a plea by the Popular Front of India (PFI) challenging a home ministry notification designating it and its affiliated organisations as 'unlawful associations' under the Unlawful Activities (Prevention) Act, 1967 since the now proscribed outfit did not approach a high court first. The court, however, granted PFI liberty to seek appropriate...
Chamber Judge Refers Appeal Against Registrar's Refusal To Accept Petition To Court As Matter Involves Interpretation Of Order
The Supreme Court, comprising Justice K.V. Vishwanathan (in-chamber), while hearing an application assailing the registrar’s refusal order, observed that the matter involving Court’s interpretation does not fulfil the “ingredients” of Order XV Rule 5 of the Supreme Court Rules. The same permits the party to appeal against such refusal order within the timeline of 15 days. Thus,...
Murder Trial | Non-Explanation Of Injuries On Accused Will Create Doubts On Prosecution Version : Supreme Court
In a criminal appeal against conviction in a murder case, the Supreme Court recently observed that the non-explanation of injuries on the accused shows prosecution may have concealed the real incident.A three-judge bench comprising Justice BR Gavai, Justice BV Nagarathna, and Justice Prashant Kumar Mishra was hearing an appeal against a judgment of the Madhya Pradesh High Court which upheld...
For Conviction Under Section 149 IPC, No Overt Act Needed; Membership Of Unlawful Assembly Enough: Supreme Court
The Supreme Court recently held that for Section 149 of the Indian Penal Code, it is not necessary to demonstrate that a person committed an illegal overt act or was guilty of an illegal omission to be held a member of an unlawful assembly. The punishment prescribed by Section 149 is, in a sense, vicarious, and does not mandate that every member of the unlawful assembly has personally...