Supreme court
POSH Act | Inquiry Report Copy Must Be Given To Complainant; Supreme Court Imposes Penalty On BSF
The Supreme Court recently imposed a penalty of Rs. 25,000 on the Border Security Force (BSF) for failure to provide a copy of the inquiry report to a complainant who initiated proceedings against an officer under the the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act (POSH Act), 2013.The bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin...
S. 14 Limitation Act Applicable To Proceedings Under Arbitration & Conciliation Act : Supreme Court
The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996.Section 14 of the Limitation Act provides for the exclusion of the time spent in pursuing bona fide proceedings in a wrong forum from the computation of the period of limitation.A bench comprising Justice PS Narasimha and Justice Manoj Misra observed that it...
Permanent Alimony Shouldn't Penalize Husband But Should Ensure Decent Living For Wife : Supreme Court Lists Out Factors
The Supreme Court on Tuesday (Dec. 10) directed a husband to grant permanent alimony of Rs. 5 Crores to the wife as a one-time settlement upon dissolution of the marriage. While directing the same, the bench comprising Justices Vikram Nath and Prasanna B. Varale stressed the father's obligation to maintain and care for his child and directed the husband to make a provision of Rs. 1 Crore...
S.498A IPC Often Used Against Husband & His Family To Meet Wife's Unreasonable Demands, Growing Tendency Of Misuse: Supreme Court
While quashing a Section 498-A IPC (cruelty) case against a husband and in-laws of the wife, the Supreme Court today (Dec.10) again cautioned about the tendency to implicate all the members of the husband's family when domestic disputes arise out of matrimonial discord. Also, the Court criticized the growing tendency to misuse provisions like Section 498-A IPC as a tool for unleashing...
S. 58(c) TPA | Mere Possession Of Property By Mortgagor Wouldn't Make 'Mortgage By Conditional Sale' A 'Simple Mortgage' : Supreme Court
The Supreme Court observed that allowing a mortgagor to stay in possession does not make the transaction a 'simple mortgage' if the deed specifies that the mortgagor's default in redeeming the property within the stipulated time would lead to transfer of the mortgage property to the mortgagee under 'mortgage by conditional sale' as per Section 58(c) of the Transfer of Property Act,...
Hindu Succession Act | Supreme Court Refers To Larger Bench Conflicting Opinions On Female Hindu's Rights Under S.14
The Supreme Court on Monday (Dec. 9) highlighted the inconsistencies and conflicting interpretations surrounding the interplay between Sections 14(1) and 14(2) of the Hindu Succession Act, 1956 (“HSA”) which deals with the rights of Hindu females in property inherited or possessed by them.The bench comprising Justice PS Narasimha and Justice Sandeep Mehta dealt with the...
Individuals Need Not File Separate Cases For Relief Granted To Others In Similar Cases Against Govt: Supreme Court
While granting relief to a female army officer by directing the grant of a permanent commission even though she had not pursued litigation, the Supreme Court reiterated that individuals are not required to separately litigate for the same relief that was obtained by other similarly situated individuals against the action of the government department. The reliefs granted to similarly...
Article 21 | Death Penalty Must Be Commuted If Inordinate Delay In Execution Is Caused By Circumstances Beyond Convict's Control: Supreme Court
The Supreme Court on Monday (December 9) held that inordinate delay in execution of death sentence have a dehumanizing effect on convicts and when such delays are caused by factors beyond the prisoners' control, the death sentence must be commuted to life imprisonment.“It is well established that Article 21 of the Constitution does not end with the pronouncement of the sentence but extends...
Supreme Court Rejects Claim For Promotion In NHAI Based On Service Rendered On Deputation
The Supreme Court on Monday (Dec. 9) observed that a deputation service could not be treated as a regular service for promotion if there was no continuity or a gap in the employee's deputation service. The bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah heard the appeal filed by the National Highways Authority of India (“NHAI”) against the High Court's...