Supreme court
To Claim Backwages, Initial Burden Is On Employee To Establish That He Was Not Gainfully Employed During Period Of Dismissal : Supreme Court
The Supreme Court on Wednesday ordered the Delhi Transport Corporation (DTC) to pay Rs. 3 lakhs in lieu of back wages to a conductor who was terminated from service and later on reinstated by the order of the Labour Court on the ground that the appellant (conductor) discharged the burden by establishing that he was unemployed for thirteen months after termination. The division bench...
1996 Lajpat Nagar Bomb Blast Case : Supreme Court Sentences Four Convicts To Life Imprisonment Without Remission
The Supreme Court of India on Thursday upheld the conviction of two accused in the 1996 Lajpat Nagar bomb blast case and sentenced them to life imprisonment without remission. The convictions of two other former death row convicts who were discharged by the Delhi High Court were also restored and they were awarded life sentences extending to the rest of their natural lives. A bench...
POCSO Act | Courts Cannot Impose Less Than Minimum Sentence Prescribed : Supreme Court
The Supreme Court observed that the Courts cannot impose sentence lesser than the minimum punishments prescribed in POCSO Act.The POCSO Act was enacted to provide more stringent punishments for the offences of child abuse of various kinds, the bench of Justices Abhay S. Oka and Rajesh Bindal observed.In this case, the Trial Court sentenced the accused to rigorous imprisonment for ten years...
Supreme Court Collegium Recommends Appointment Of Justice Devendra Upadhyaya As Chief Justice Of Bombay High Court
Supreme Court Collegium comprising of Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, and Justice Sanjiv Khanna has recommended the appointment of Justice Devendra Upadhyaya of the Allahabad High Court as Chief Justice of the Bombay High Court.The collegium noted that Justice Upadhyaya has acquired eleven years of experience in dispensing justice, and his appointment...
Trial Courts Should Make Proper Preliminary Examination Of Child Witnesses Before Recording Their Evidence: Supreme Court
The Supreme Court observed that the trial courts have to make proper preliminary examination of minor witnesses before recording their evidence.This is to to ascertain whether the minor is capable of understanding the questions put to him and is able to give rational answers.In this case, the the Sessions Court convicted the accused under Section 302 read with Section 34 of the Indian...
Collegium Recommends Telangana, Kerala HC Chief Justices Ujjal Bhuyan & SV Bhatti For Supreme Court Judgeship
The Supreme Court collegium has recommended the names of Telangana High Court Chief Justice Ujjal Bhuyan and Kerala High Court Chief Justice S Venkatanarayana Bhatti as judges of the top court, in order to fill two of three vacancies left behind by now retired Judges - Justices KM Joseph, Ajay Rastogi and V Ramasubramanian.In this regard, the collegium headed by Chief Justice DY Chandrachud...
Continuing Trend Of Projecting Purely Civil Financial Dispute As Criminal Matter 'Extremely Disturbing': Supreme Court
The Supreme Court observed that the continuing trend of projecting a purely civil financial dispute as a criminal matter is extremely disturbing.The bench of Justices Krishna Murari and Sanjay Kumar observed thus while considering a contempt petition. The petitioners’ case was that there is trend of initiating mala fide criminal proceedings against financial institutions/lenders and...
Taxation Classification | Specific Provision Will Prevail Over General Provision In A Statute : Supreme Court In ‘Maize Starch’ Case
The Supreme Court has ruled that if in any statutory rule or statutory notification, two expressions are used - one in general words and the other in special terms – then, as per the rules of interpretation, the special terms are not meant to be included in the general expression. Alternatively, the court said that where a statute contains both a general provision as well as a...
'Pension Is Service Matter, Approach Armed Forces Tribunal': Supreme Court Dismisses Plea Seeking Revised Pension For Ex-Servicemen
The Supreme court bench comprising Justice Sanjiv Khanna and Justice Bela M. Trivedi dismissed a petition by the an organisation of ex- servicemen society seeking a direction for payment of revised pension for those who retired before 1.1.2016. The court held that since pension is covered within Service matters, they should approach the Armed Forces Tribunal which must decide the...
Motor Accident Claim | Physical Disability Must Be Assessed With Reference To Victim's Nature Of Work : Supreme Court
The Supreme Court on Tuesday observed that in cases of motor accident claims, the physical disability caused due to an accident must be judged with reference to the nature of the work being done by the injured for assessing award of compensation. Relying on the Apex Court judgement in Mohan Soni vs. Ram Avtar Tomar And Others. (2012) 2 SCC 267 a division bench of Justice Abhay S. Oka and...
CTO For Enhanced Production Capacity Issued After SC’s Order Fixing Total Import Limit; Importer Not Entitled To Proportionate Increase In Import Quota: Supreme Court
The Supreme Court has upheld the decision of the Delhi High Court which set aside the increased quota allocated for import of raw pet-coke (RPC) based on the “Consent to Operate” (CTO) issued to the importer for an enhanced production capacity, after the top court’s order dated 09.10.2018. The bench of Justices S. Ravindra Bhat and Dipankar Datta remarked that the Andhra Pradesh...
Condition Of Right To Repurchase In Sale Deed Not Personal Unless Expressly Stated; Can Be Assigned : Supreme Court
The Supreme Court held that the condition of right to repurchase in sale deed will not be personal to the vendor unless the terms in the documents specifically state so.Such a right can always be assigned and the contract containing such condition shall be enforceable, the bench of Justice Abhay S. Oka and Rajesh Bindal observed.In this case, the plaintiff filed a suit for specific...