Supreme court
'Ensure Public Authorities Follow Mandate Of Section 4 RTI Act' : Supreme Court Directs Central/State Information Commissioners
The Supreme Court directed the Central Information Commission and the State Information Commissions to ensure proper implementation of the mandate of Section 4 of the Right to Information Act."While declaring that all citizens shall have the ‘right to information’ under Section 3 of the Act, the co-relative ‘duty’ in the form of obligation of public authorities is recognized in...
Supreme Court Emphasises Importance Of “Support Persons” For Victims Under POCSO Act; Issues Guidelines
The Supreme Court on Friday(Aug 18), passed an order relating to the appointment of support persons under the POCSO Act and their qualifications. The Court issued directions for framing guidelines on their appointment.It is pertinent to note that POCSO Rules, 2020 define a ‘support person’ as “someone assigned by a child welfare committee to render assistance to a child during the...
"Shabby Trial, Tainted Investigation" : Supreme Court Reverses Acquittal Of Former MP Prabhunath Singh In 1995 Double Murder Case
The Supreme Court on Friday convicted Rashtriya Janata Dal (RJD) leader and former Member of Parliament (MP) Prabhunath Singh in a double murder case of 1995, reversing his acquittal granted by the trial court and confirmed by the Patna High Court. Singh, who was contesting elections as a candidate of the Bihar People's Party (BPP) then, was accused of murdering two persons near a polling...
Supreme Court Reiterates Principles Of Deduction For Development Charges In Land Acquisition Compensation Claims
A Division Bench of the Supreme Court, comprising Justices Bela M. Trivedi and Dipankar Datta, while hearing a bunch of appeals reiterated the established law that while determining the deduction for development charges, the courts should take into consideration important factors including the nature of land, area under acquisition, whether the land is developed or not, if developed to...
Pension | Past Service As Contractual Employee To Be Taken Into Account For Pension: Supreme Court
The Supreme Court recently held that for the purposes of pension, past service as a contractual employee is to be taken into account. The court directed the state of Himachal Pradesh to finish the entire process within 3 months and issue orders fixing pensions for these employees engaged in education and ayurvedic department.The Supreme Court bench comprising Justices S. Ravindra Bhat and...
Election Contest Purely A Statutory Proceeding, Provisions Must Be Strictly Interpreted : Supreme Court
A Division Bench of the Supreme Court, comprising Justices Bela M. Trivedi and S.V.N. Bhatti, while hearing an appeal reiterated the trite position of law that when it comes to the interpretation of statutory provisions relating to election law, jurisprudence on the subject mandates strict construction of the provisions. The Court elucidated: “Election contest is not an action at law or a...
Interest Income Earned On Deposits By Clubs In Banks Which Are Corporate Members Taxable; Principle Of Mutuality Not Applicable: Supreme Court
The Supreme Court has ruled that the interest income earned on fixed deposits (FDs) made by Clubs in the banks which are members of those Clubs has to be treated like any other income from other sources within the meaning of Section 2(24) of Income Tax Act, 1961. The bench of Justices B.V. Nagarathna and Prashant Kumar Mishra said that the principle of mutuality would not apply to interest...
'Contempt Petition Can't Be Filed Against Registry For Not Listing Case On Date Specified By Court' : Supreme Court Dismisses Advocate's Plea
The Supreme Court on Friday dismissed a contempt petition filed by an Advocate on Record against the Secretary General and Registrar Judicial Administration of the Supreme Court for allegedly not listing a matter, despite direction of the Court to do so. The Apex Court expressed its strong displeasure and called it a ‘browbeating tactic’ and an abuse of the process of law.Deprecating...
Maternity Benefits Must Be Granted Even If Period Of Benefit Overshoots Term Of Contractual Employment: Supreme Court
The Supreme Court on Thursday(17 Aug) held that maternity benefits have to be granted even if the period of benefit overshoots the term of contractual employment. Maternity benefits can travel beyond the term of contractual employment. The court directed the employer to pay maternity benefits as would have been available in terms of Sections 5 and 8 of the Maternity Benefits Act, 1961 and...
When Does Limitation For Application Under Order XXI Rule 95 CPC Start? Supreme Court Refers To Larger Bench, Doubts '96 Precedent
The Supreme Court recently referred a pertinent question of law for reconsideration by a larger bench. The court grappled with the question of determining the starting point of limitation for filing an application under Rule 95 of Order XXI of CPC, 1908. These provisions relate to a situation where property of a person is sold through public auction to satisfy a decree passed by the court.In...
RERA : Supreme Court Seeks Responses Of States/UTs Which Haven't Established Real Estate Regulatory Authority, Appellate Tribunals
Last week, the Supreme Court sought the responses of the chief secretaries to the state governments of Meghalaya and Sikkim and the union territory administration of Ladakh with respect to their failure to establish regulatory authorities as well as appellate tribunals under the Real Estate (Regulation and Development) Act, 2016. Responses have also been sought from the states...
Partition Can Also Be Effected Under A Settlement Or Oral Understanding : Supreme Court
The Supreme Court observed that a partition can also be effected under a settlement or oral understanding. There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law, the bench of Justices Bela Trivedi and SV Bhatti said.In this case, the plaintiff, a woman, filed a suit praying for a declaration that she is...