Supreme Court Doubts 'Asian Resurfacing' Judgment On Automatic Stay Vacation; Refers To 5-Judge Bench

Automatic vacation of stay liable to cause miscarriage of justice, observed the Court.

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...

Supreme Court Doubts Precedent Which Limited High Court's Scope In Deciding Discharge Applications

The Supreme Court has expressed reservations about the judgment in Minakshi Bala v Sudhir Kumar, (1994) 4 SCC 142 which advocated for a restricted approach to be taken by High Courts in discharging accused from criminal cases.While setting aside a judgment of the Allahabad High Court which refused to discharge the accused in a criminal case, a bench comprising Justices Vikram Nath and...

'Unwarranted Intervention Of Kerala Govt' : Supreme Court Quashes Re-Appointment Of Kannur University Vice Chancellor

In a significant judgment, the Supreme Court on Thursday (November 30) set aside the re-appointment of Dr.Gopinath Ravindran as the Vice Chancellor( VC) of the Kannur University in Kerala.The Court quashed the notification dated November 23, 2021, re-appointing Dr. Gopinath Ravindran as the VC, on the ground of "unwarranted intervention of the State Government" and by observing that...

Supreme Court Expresses Surprise At Patna High Court Reserving Judgment On Anticipatory Bail For One Year; Seeks Report From Registrar

The Supreme Court expressed its surprise that the Patna High Court reserved judgment on an anticipatory bail plea for a year. The bail application was heard by a single-judge bench of the High Court and was reserved for orders on 07.04.2022. However, the bench released the matter almost after a year, i.e., on 04.04.2023. The reasoning given was that the judge, as a lawyer, had appeared in one...

IIT-JEE | OCI Candidate Moves Supreme Court To Relax Criteria Requiring Students To Appear In JEE Within 2 Years Of Passing Class 12

On November 29, the Supreme Court issued notice on a writ petition seeking relaxation in eligibility criteria for the JEE Mains Exam 2024 for an Overseas Citizen of India (OCI) candidate. The Court allowed the petitioner to add the JEE Apex Body (JAB) as a respondent in the case.The existing criteria mandate that candidates must have passed Class 12th in 2022 or later to be eligible for the...