Supreme court
MSMED Act | Is Writ Maintainable Against MSEFC Award? Can MSEFC Members Act As Arbitrators ? Supreme Court Refers To Larger Bench
The Supreme Court today (Jan. 22) opined that the party aggrieved by an order/award of the Micro and Small Enterprises Facilitation Council (MSEFC) passed under Section 18 of the Micro, Small, and Medium Enterprises Development Act, 2006 (“MSME Act”) can file a writ petition under Article 226 of the Constitution before the High Court. However, upon noting that a contrary view was...
When 'Sudden & Grave Provocation' Reduces Murder To Culpable Homicide? Supreme Court Explains
The Supreme Court (recently on January 16) observed that not every sudden provocation would reduce the crime from murder to culpable homicide not amounting to murder. For reference, exception 1 to Section 300 (murder) of IPC states that culpable homicide is not murder when the accused is deprived of self-control due to grave and sudden provocation caused by the deceased person.The Bench...
Supreme Court Delivers Split Verdict On Tahir Hussain's Plea Seeking Interim Bail For Delhi Elections
A two-judge bench of the Supreme Court on Wednesday(January 21) pronounced a split verdict on the petition filed by Delhi riots case accused Tahir Hussain seeking interim bail to campaign for the Delhi Assembly elections.While Justice Pankaj Mithal dismissed the petition, Justice Ahsanuddin Amanullah allowed Hussain interim bail. In view of the divergence, the Registry was directed to place...
Punjab Minor Mineral Concession Rules | State Can Levy Royalty On Brick Earth : Supreme Court
The Supreme Court (today on January 21) observed that as per the Punjab Minor Mineral Concession Rules, the State Government is entitled to levy royalty on the mining of brick earth.The Bench of Justices Abhay S. Oka and Ujjal Bhuyan were deciding an appeal preferred by the State of Punjab against the High Court's ruling. In the impugned judgment, the Court had ruled that merely declaring...
'Bank Officers Expected To Maintain Higher Standards Of Honesty' : Supreme Court Affirms Dismissal Of Staff For Bank Fraud
While deciding an appeal pertaining to disciplinary proceedings against a bank manager, the Supreme Court reiterated that acquittal in a criminal case does not exonerate the person in disciplinary proceedings. The Court reasoned that the standard of proof differs in both of these scenarios. The Bench of Justices Abhay S. Oka and Augustine George Masih also stressed that "bank officers...
'Article 14 Doesn't Envisage Negative Equality' : Supreme Court Rejects Plea Based On Illegal Promotion Given To Others
The Supreme Court ruled that irregular promotions granted in the past cannot serve as a basis for continuing illegality. While holding so, the Court dismissed the appeal of a retired peon who sought promotion to the position of Tracer based on the fact that other employees had been promoted to this position, even though the recruitment rules specified that the Tracer role should be...
In Disproportionate Assets Cases, Income Tax Returns Presumed To Be Accurate; Must Consider Inflation & Dynamic Factors : Supreme Court
In a noteworthy ruling, the Supreme Court recently underscored that income tax returns filed by public servants in cases of alleged disproportionate assets should be presumed accurate and credible unless specifically contested or proven false. Quashing a disproportionate assets case against the former UP's Assistant Excise Commissioner, the Court called for a dynamic and nuanced approach...
Suit For Specific Performance Doesn't End With Passing Of Decree; Court Retains Power To Annul Decree Or Extend Time : Supreme Court
The Supreme Court (on January 17), observed that a suit for specific performance does not conclude after the passing of a decree and that the court retains its control even after the decree is passed. The Bench of Justices JB Pardiwala and R Mahadevan also said that the court's power under Section 28 of the Specific Relief Act is discretionary. For reference, this provision provides that after...
Lack Of Territorial Jurisdiction No Ground To Transfer Complaint, Raise Objection Before Magistrate : Supreme Court
The Supreme Court today (January 21) dismissed a petition seeking transfer of various cheque dishonour complaints against the petitioner observing that the lack of territorial jurisdiction of court in which complaint is filed cannot be a ground to transfer the complaint to another court.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan dismissed a petition seeking transfer of 22...
Though Notice On Petition Was Issued On Limited Point, Court Can Later Hear Other Points : Supreme Court
The Supreme Court recently ruled that issuing a limited notice does not restrict its jurisdiction to address broader issues. If the petitioner highlights substantial legal questions or glaring errors, such as procedural lapses or flawed findings in the lower court's judgment, the Bench may examine those issues beyond the notice's initial scope. The Court observed as follows: “Justice could...