Supreme court
Maharashtra Case - Governor's Decision For Floor Test Wrong, But Uddhav Govt Can't Be Restored As He Resigned : Supreme Court
In the matter pertaining to the Shiv Sena rift, the Supreme Court Constitution bench held that it cannot order the restoration of the Uddhav Thackeray government as he resigned without facing floor test. Since Thackeray voluntarily resigned, the Court held that the Governor was right in inviting Ekanth Shinde form the government with the support of BJP."Had Mr. Thackeray refrained from...
GNCTD vs LG: Supreme Court Holds Delhi Govt Has Control Over "Services" Excluding Public Order, Police & Land
The Supreme Court today held that the National Capital Territory of Delhi has legislative and executive power over administrative services in the National Capital, excluding matters relating to public order, police and land. The Lieutenant Governor shall be bound by the decision of Delhi government over services, apart from public order, police and land, it held.A Constitution Bench...
DELHI Govt VS Lieutenant governor-Supreme Court Judgement Today- LIVE UPDATES
Supreme Court to pronounce the Judgement In the matter pertaining to the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of Delhi.A constitution bench comprising Chief Justice DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha will deliver the...
Shiv Sena Vs Shiv Sena- Supreme Court Judgement Today- LIVE UPDATES
Supreme Court to deliver its judgment today in the Shiv Sena case relating to the rift between EknathShinde and UddhavThackeray factions.The judgment will decide the fate of the present Eknath Shinde-led government in Maharashtra The Constitution Bench comprising Chief Justice of India DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha had...
Pension Can't Be Denied To Employee Citing Wrongful Deductions Made Towards CPF Scheme : Supreme Court
In a judgment affirming the rights of pensioners, the Supreme Court held that retired employees cannot be made to suffer due to mistakes committed by their employers. In this case, a pensioner, who retired as conductor of the Calcutta State Transport Corporation, was denied pension on the ground that he did not exercise the option for pension under the new pension regulations. The...
Award Can Be Said To Be Suffering From 'Patent Illegality' Only If It Is An Illegality Apparent On The Face Of It : Supreme Court
The Supreme Court observed that an award could be said to be suffering from “patent illegality” only if it is an illegality apparent on the face of the award and not to be searched out by way of re-appreciation of evidence.The narrow scope of “patent illegality” cannot be breached by mere use of different expressions which nevertheless refer only to “error” and not to...
Supreme Court Sets Aside Conviction In 23 Year Old Murder Case; Says Prosecution Failed To Prove Chain Of Circumstances
The Supreme Court recently set aside the conviction of a convict and upheld the acquittal of the co-accused in a murder case on the ground that the prosecution has failed to prove the chain of incriminating circumstances as to conclusively prove the guilt of the accused persons.The three judge bench comprising Justice Sanjay Kishan Kaul, Justice Manoj Misra and Justice Aravind...
2015 Arbitration Amendment Not Applicable Though S.11 Application Was Filed After It, If Arbitration Notice Was Issued Pre-Amendment : Supreme Court
The Supreme Court has ruled that where the notice invoking arbitration is issued prior to the coming into force of the Arbitration and Conciliation (Amendment) Act, 2015, i.e., prior to 23.10.2015, and the application under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), seeking appointment of an arbitrator, is made post the enforcement of the Amendment Act, the...
Court Cannot, After Setting Aside Arbitration Award, Proceed To Grant Further Relief By Modifying Award : Supreme Court
The Supreme Court observed that, in arbitration cases, a Court cannot, after setting aside the award, proceed to grant further relief by modifying the award.Indian Oil Corporation terminated dealership of M/s Sathyanarayana Service Station. The latter initiated arbitration proceedings and it culminated in an award upholding this termination. The District Court dismissed the petition...
Supreme Court Disapproves Of High Courts Interfering With Examination Process By Calling For Answer Sheets & Ordering Re-Evaluation
The Supreme Court has reiterated that directions interfering with the examination process by way of calling for answer-sheets, recording a finding on non- evaluation or mandating the process of re-evaluation cannot be issued by courts. The bench of Justices Dinesh Maheshwari and J. B. Pardiwala was hearing BSNL's appeals against the 29.3.2012 decision of the Kerala High Court whereby the...
TN Highways Act Can't Be Invalidated Due To Variance From RFCTLARR Act As It Has Received President's Assent : Supreme Court
The Supreme Court on Tuesday held that the Tamil Nadu Highways Act 2001 cannot be invalidated on the ground that is provisions are at variance from the Right to Fair Compensation and Transparency in Land Acquisition; Rehabilitation and Resettlement Act, 2013. Since the Tamil Nadu Act has received the assent of the President under Article 254(2) of the Constitution of India, there is no basis...