Supreme court
No Legal Right To Seek De-Sealing Of Property By Cantonment Board, When Building Plan Not Been Sanctioned: Supreme Court
The Supreme Court has held that a property sealed by Cantonment Board alleging unauthorized construction cannot be requested to be ‘de-sealed’, while the building plan of that Property has not yet been sanctioned by the Cantonment. The Delhi Cantonment Board (DCB) issued notice to Petitioner for demolition of unauthorized structures in its property situated in Cantonment area. On the...
Article 136 | SLP Against NCDRC's Order Passed In Exercise Of Its Appellate/Revisional Jurisdiction Cannot Be Entertained: Supreme Court
The Supreme Court on Wednesday held that an aggrieved party can approach the Supreme Court under Article 136 of the Constitution for grant of special leave to appeal against an order of the National Consumer Disputes Redressal Commission (NCDRC) only if it is passed by the Commission in its original jurisdiction. No further appeal will lie against the orders passed by the NCDRC in exercise of...
Supreme Court Vacates SAT Stay On IRDAI Order To Transfer Policies From Sahara Life Insurance to SBI Life Insurance
The Supreme Court recently set aside the order of the Securities Appellate Tribunal (SAT) that had stayed an order of the Insurance Regulatory and Development Authority Of India (IRDAI) directing transfer of policies from Sahara India Life Insurance Company Limited to SBI Life Insurance Company Limited. A division bench of Justice Abhay S Oka and Justice Sanjay Karol stayed the order of SAT...
Cannot Grant Interim Protection To Accused While Rejecting Anticipatory Bail Plea : Supreme Court 'Amazed' At HC's Self-Contradictory Order
The Supreme Court set aside a High Court direction granting interim protection to accused while rejecting their anticipatory bail plea.We are amazed to see the order passed by the learned Single Judge of the High Court of Judicature at Allahabad, the bench of Justices B R Gavai and J B Pardiwala observed.In this case, the High Court while dismissing the anticipatory bail application filed by...
Supreme Court Affirms NCDRC Order Directing Air India To Pay Rs 2.03 Lakh Compensation To Passenger For Baggage Loss
The Supreme Court on Monday refused to interfere with the order of the National Consumer Dispute Redressal Commission (NCDRC) which upheld the order of the State Commission and District Forum directing Air India to pay a compensation of Rs2.03 lakh to a passenger who lost his luggage during travel. A division bench of Justice Hima Kohli and Justice Rajesh Bindal, dismissing the appeal filed...
'Passport Authority Cannot Retain Passport Without Impounding' : Supreme Court Grants Relief To Husband In Matrimonial Dispute
The Supreme Court on Monday held that without impounding of the passport, the Passport Authority cannot unauthorizedly retain a passport handed over by the Police in the name of a pending criminal case. A division bench of Justice Abhay S Oka and Justice Rajesh Bindal was considering an appeal filed by a husband whose passport was handed over to the Passport Authority by the Police as he...
Settlement Between Employee Union & Employer Would Not Override Model Standing Orders Unless It Is More Beneficial To Employee : Supreme Court
The Supreme Court observed that any settlement between employee Union and the Employer would not override the Model Standing Order, unless it is more beneficial to the employees.The employer and workman cannot enter into a contract overriding the statutory contract embodied in the certified Standing Orders, the bench of Justices Abhay S. Oka and Sanjay Karol observed.In this case, the High...
Paradoxical That Right To Vote Isn't A Fundamental Right Though Democracy Is An Essential Feature Of Constitution : Supreme Court
It is a paradox that the right to vote is not a fundamental right, though democracy has been held to be one of the basic features of Constitution, said the Supreme Court in a recent judgment. The Court noted that right to vote has been termed as a "mere" statutory right."Democracy has been held to be a part of one of the essential features of the Constitution. Yet, somewhat paradoxically,...
Plea Bargaining In India Limited To Sentence Bargaining; Offence Bargaining Also Should Be Included, Suggests Supreme Court
The Supreme Court, on Tuesday, observed that countries like the United State of America that have incorporated plea bargaining successfully have encompassed both sentence bargaining and offence bargaining, while the scope of plea bargaining is limited in the Indian context as the criminal justice system here has only incorporated 'sentence bargaining'. A Bench comprising Justice SK Kaul...
Bail Conditions Imposed By Courts Must Be Realistic Considering Socio-Economic Background Of Accused : Supreme Court
The Supreme Court, on Tuesday, indicated that courts should impose realistic conditions of bail considering the economic and social position of the undertrial prisons or else the act of grant of bail does not subserve its purpose. A Bench comprising Justice SK Kaul and Justice Sudhanshu Dhulia observed the same while hearing a suo moto writ petition instituted for the purposes of issuing...
Substantial Questions Of Law Not Required To Be Formulated In Second Appeals Arising Out Of States Of Punjab & Haryana : Supreme Court
The Supreme Court observed, that in second appeals arising out of the state of Punjab or the State of Haryana, courts are not required to frame substantial questions of law as per section 100 of the Code of Civil Procedure.The bench of Justices Abhay S. Oka and Sanjay Karol observed that the restraint in interfering with questions of fact under the jurisdiction of...
Voter Has Right To Know Full Background Of Candidate; Right To Vote Based On Informed Choice Crucial To Democracy : Supreme Court
The Supreme Court on Monday observed that democracy being an essential feature of the Constitution and the right to vote being a statutory right, the voter has the right to know about the full background of a candidate.“The elector or voter’s right to know about the full background of a candidate- evolved through court decisions- is an added dimension to the rich tapestry of...