Supreme court
'Court Fee Refund Only If Case Settled Through ADR Mechanisms' : Supreme Court Rejects Refund Claim For Private Out-of-Court Settlement
The Supreme Court held that litigants who resolve their disputes privately outside of court are not entitled to a refund of court fees. The Court said that the refund of the court fees is permissible only “if the matter is referred to Arbitration, Conciliation, judicial settlement, including through Lok Adalat or mediation for settlement and the case is decided in terms of such a...
'Once Arrest Is Found Illegal, Duty Of Court To Release Accused On Bail' : Supreme Court Rejects ED Appeal
The Supreme Court recently declared the arrest by the Enforcement Directorate (ED) as illegal and unconstitutional because the agency failed to secure the presence of the arrestee before the magistrate within 24 hours of the arrest. The arrestee was detained on 5th March 2022 at 11 AM at IGI Airport, Delhi by the Immigration Bureau in view of the Look Out Circular issued by the ED, however,...
Supreme Court Annual Digest 2024: Service Law
SERVICE LAWS - SUPREME COURT ANNUAL DIGEST 2024AdministrationConstitution of India - Article 16(1), 16(4) and 335 - Efficiency of Administration - Article 335 does not limit sub-classification; rather, it reinforces the importance of inclusion and equality in public services in line with Article 16(1). State of Punjab v. Davinder Singh, 2024 LiveLaw (SC) 538In public law proceedings, when it...
Supreme Court Orders Regular Pay To Petitioners Who Were Appointed As Part-Time Sweepers On Regular Sanctioned Posts
The Supreme Court on Friday (Jan. 31) granted relief to part-time sweepers who were appointed on a temporary basis to regular sanctioned posts, affirming that such part-time employees are entitled to receive regular pay. The Court rejected the State's argument that a part-time appointment on a regular sanctioned post would not entitle the Appellants to receive regular pay. “Their...
Supreme Court Monthly Digest- December 2024 With Statute And Subject Wise Index
AcquittalCourt, while acquitting the accused, cannot order that he must be subjected to re-investigation for the same offence. P. Manikandan v. Central Bureau of Investigation, 2024 LiveLaw (SC) 1018AdvocateThe appeal challenges adverse remarks made by the High Court against the appellant, a lawyer who was neither representing any party nor connected to the matter. The Supreme Court noted...
Trial Courts Wrongly Convicting Persons For Dowry Death Misapplying S.304B IPC; Time For Judicial Academies To Step In : Supreme Court
The Supreme Court (today on January 31), while overturning the appellant/ accused's conviction under Section 304-B (Dowry death) of the IPC, noted that while the Court has repeatedly laid down this provision's ingredients, the Trial Courts were committing the same mistakes repeatedly. It is for the State Judicial Academies to step in., the Court said.Essentially, the allegations against...
S.34 IPC | Prior Meetings Of Minds Must Be Established To Convict With Aid Of 'Common Intention' : Supreme Court
The Supreme Court (January 28), while allowing constables' appeal against their conviction for murder, reiterated that in order to charge accused persons under Section 34 (common intention) of the IPC, it must be established that the accused had preplanned the act and shared a common intention. Reliance was placed on several judgments including the recent decision in Madhusudan and others...
Caste-Based Abuse Within Chamber Of Govt Officer When No One Else Was Present Not SC/ST Act Offence : Supreme Court
The Supreme Court today (January 31) quashed a case under the SC/ST (Prevention of Atrocities) Act against an individual who was accused of abusing a public servant using his caste name in a government office. The bench comprising Justices BR Gavai and AG Masih observed that no prima facie case was made out against the Appellant for allegedly insulting the public servant using his caste...
Motor Accident Claim | Compensation Can't Be Reduced Merely Because Dependents Took Over Business Of Deceased : Supreme Court
The Supreme Court ruled that the takeover of the deceased persons' business by dependents does not justify reducing motor accident compensation. It emphasized that the deceased persons' contribution to the business must be considered in assessing compensation claims. A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah granted relief to the daughters of a deceased couple who ran...
Supreme Court Modifies Its Judgment, Upholds PG Degrees Of Medical Professionals In WB Who Completed Studies By July 2022
In a major relief for several medical professionals in West Bengal, the Supreme Court recently modified its judgment, ensuring that those who had completed their studies till July 2022 and were working as Senior Residents will retain their degrees as legal and valid. Previously, the Court vide judgment dated 17.10.2022 refused to consider the petitioners' admission in PG Courses (for...
Judicial Officer Who Got ACP Benefit Also Entitled To Additional Increment On Acquiring LLM Qualification: Supreme Court
The Supreme Court has reiterated judicial officers, who have got t he benefit of Annual Career Progression (ACP), are also entitled to the additional increment due to the acquisition of a higher qualification.A judicial officer from Manipur filed an application before the Supreme Court in the All India Judges Association case seeking a clarification that as to whether a judicial officer...
After Split Verdict, Supreme Court 3-Judge Bench Rejects Challenge To Appointment Of Shiksha Karmis In Madhya Pradesh
The Supreme Court (yesterday on January 29), while deciding a case pertaining to the appointment of Shiksha Karmis, opined that bias cannot be inferred if members, who were alleged to be close relatives of appointees, did not participate in the interview.“In a scenario such as this where the members did not participate in the interview, a reasonable likelihood of bias in our opinion...