Supreme court
S. 138 NI Act | 'Capacity To Give Loan Not Shown, Contradictions In Statements' : Supreme Court Upholds Acquittal In Cheque Dishonour Case
The Supreme Court upheld the acquittal in a cheque dishonour case by taking note of certain contradictions in the statements of the complainant, as well as his inability to show the financial capacity to advance the loan as well as the lack of acknowledgement of the loan in the Income Tax returns.Although the signature of the accused in the cheque was established, the Court stated that...
Blacklisting Of An Entity Amounts To 'Civil Death', Must Be Justifiable And Proportionate: Supreme Court
While setting aside a blacklisting order passed by Kolkata Municipal Corporation against a commercial entity, the Supreme Court recently observed that blacklisting orders are a "drastic remedy" and as such, they ought to be justifiable as well as proportionate."All these reasons fall far short of rendering the conduct of the appellant in the present case, so abhorrent as to justify the...
Ad-Hoc Appointment As Lecturer Cannot Be Considered For Eligibility Of Senior Pay Scale Under CAS: Supreme Court
The Supreme Court bench of Justices Hima Kohli and Ahsanuddin Amanullah has held that services rendered in an ad-hoc appointment as Lecturer before being appointed as Assistant Professor on a regular basis cannot be counted for determining the eligibility for the grant of the senior pay scale under the 'Career Advancement Scheme' (CAS).As per the CAS notified on July 22, 1988 by the...
Cooperation With Investigation Doesn't Mean Accused Should Confess To Crime : Supreme Court
The Supreme Court has reiterated that cooperation with the investigation does not mean that the accused must confess to the investigating officer."We are of the firm opinion that non-cooperation by the accused is one matter and the accused refusing to confess to the crime is another. There would be no obligation upon the accused that on being interrogated, he must confess to the crime and...
Arbitration | Impermissible For Arbitral Tribunal Or Courts To Grant Interest Upon Interest Under 1940 Act : Supreme Court
The Supreme Court on Wednesday (Aug. 7) held that an Arbitral Tribunal is not empowered to grant interest upon interest while passing an arbitral award as the Arbitration Act, 1940 does not specifically provide for the grant of interest on interest. “In the light of the above legal provisions and the case law on the subject, it is evident that ordinarily courts are not supposed to...
Courts Not Messengers Of Investigating Agencies, Remand Shouldn't Be Allowed Routinely: Supreme Court Holds Magistrate Guilty Of Contempt
Judicial Magistrates are not expected to act as "messengers of the investigating agencies", stated the Supreme Court while holding a Chief Judicial Magistrate guilty of contempt of court for remanding an accused in violation of an order of the Supreme Court granting interim anticipatory bail.The judgment, delivered by a bench of Justices BR Gavai and Sandeep Mehta, emphasised that...
Necessary For Judges To Exercise Restraint On Remarks In The Age Of Live-Streaming & Wide Reporting: Supreme Court
The Supreme Court today (August 7) highlighted the need for judges to exercise due caution while making remarks or observations in court proceedings which are now commonly livestreamed and widely covered by media. The Top Court made this observation while expunging the "unwarranted" remarks in the Punjab & Haryana High Court's order criticizing a stay order passed by the Top Court.The...
Supreme Court Holds Police Inspector & Magistrate Guilty Of Contempt For Arrest & Remand Of Accused Violating SC Order
In a major development, the Supreme Court today (on August 07) held a Police Inspector and a Chief Judicial Magistrate from Gujarat guilty of Contempt of Court for arresting and remanding an accused ignoring an interim anticipatory bail order passed by the Supreme Court."we hold R.Y. Raval, Police Inspector, Vesu Police Station, Surat(contemnor- respondent No.4) and Deepaben Sanjaykumar...
Delimitation Commission's Orders Aren't Immune From Judicial Review : Supreme Court
The Supreme Court held that nothing precludes the constitutional courts from checking the validity of orders passed by the Delimitation Commission on the touchstone of the Constitution if an order is found to be manifestly arbitrary and irreconcilable to constitutional values.“Therefore, while the Courts shall always be guided by the settled principles regarding scope, ambit and limitations...
'Redesignation Not Regular Appointment' : Supreme Court Denies CAS Relief To Research Assistants Designated As Lecturers
The Supreme Court has held that those redesignated from Research Assistant to Lecturer and subsequently as Assistant Professor cannot be considered as regular appointments to extend the benefits of the 'Career Advancement Scheme' (CAS).The bench of Justices Hima Kohli and Ahsanuddin Amanullah said: “...the very usage of the term/phrase “regular appointment” has to be given its...