Supreme court
How To Determine Conversion Of Arbitral Award In Foreign Currency To Indian Currency? Supreme Court Explains
In a significant judgment relating to International Commercial Arbitration, the Supreme Court has decided the two important questions on the enforcement of an arbitral award expressed in foreign currency to Indian Currency.The two questions that appeared for the Court's consideration were:Firstly, what is the correct and appropriate date to determine the foreign exchange rate for converting...
Accused Has Right To Inspect "Un-relied Upon Documents" To Avail Fair Trial : Supreme Court
While allowing the bail plea of former Delhi Deputy Chief Minister Manish Sisodia in relation to the liquor policy case, the Supreme Court today observed that to ensure right to fair trial, an accused cannot be denied the right to have inspection of prosecution documents, including the Un-relied Upon Documents."It is to be noted that there are around 69,000 pages of documents involved in both...
Decision To Reduce Pay Scale Can't Be Applied Retrospectively: Supreme Court Quashes Recovery Steps Against Retired Govt Servant
The Supreme Court observed that any step of reduction in the pay scale and recovery from a Government employee would tantamount to a punitive action because the same has drastic "civil as well as evil consequences."A Supreme Court bench of Justices Sandeep Mehta and R. Mahadevan further observed: “Any decision taken by the State Government to reduce an employee's pay scale and recover...
Trial Courts & High Courts Try To Play Safe In Bail Matters, Have Forgotten 'Bail Is The Rule' : Supreme Court In Manish Sisodia's Case
While allowing the bail plea of former Delhi Deputy Chief Minister Manish Sisodia in relation to the liquor policy case, the Supreme Court today lamented that Trial Courts and High Courts in the country have forgotten the principle that 'bail is the rule, jail an exception' and attempt to play safe."From our experience, we can say that it appears that the trial Courts and the High Courts...
BREAKING | Supreme Court Grants Bail To Manish Sisodia, Says Right To Speedy Trial Denied In Liquor Policy Case
In a significant development, the Supreme Court today allowed the bail plea of former Delhi Deputy Chief Minister and Aam Aadmi Party leader Manish Sisodia in relation to the liquor policy case.The Court allowed Sisodia's bail applications in both the CBI and ED cases, considering the delay in commencement of trial in the liquor policy case. "We find that on account of long incarceration...
Confession Recorded By Medical Officer When Accused Were Presented By Police Officers Inadmissible As Evidence: Supreme Court
The Supreme Court while setting aside murder convictions of two individuals observed that confession recorded by a Medical Officer while preparing the injury reports of the accused during police custody is inadmissible as evidence. The bench observed that such a confession is not an admissible evidence in view of the bar under Section 26 of the Indian Evidence Act, 1872.A bench of Justice...
Public Authorities Should Take Best Efforts To Reduce Trees Required To Be Cut For Public Projects : Supreme Court
The Supreme Court has directed that every public authority seeking permission to cut trees for public projects must make best efforts to reduce the number of trees which are required to be cut by re-examining the alignment of the public project.The Court passed this direction in view of the spirit of Article 51A(Fundamental Duties) of the Constitution of India and the right of citizens to...
Mere Attempt To Overtake Vehicle On Road Doesn't Mean Rash & Negligent Driving : Supreme Court
The Supreme Court in its recent order has observed that a mere attempt of overtaking on the road cannot by itself mean rash and negligent driving.The bench of Justices CT Ravikumar and Sanjay Karol was deciding an appeal arising out of an accident compensation claim under the Motor Vehicles Act.The Court held that the Motor Accidents Claims Tribunal erred in attributing contributory negligence...
Supreme Court Directs NGT To Monitor Silicosis-Prone Industries And Orders NHRC To Oversee Compensation Process For Affected Workers
The Supreme Court on Tuesday (August 6) directed the National Green Tribunal to monitor and ensure compliance with minimal standards in industries prone to silicosis disease and to take necessary steps to prevent the spread of the disease.“we now direct the NGT to oversee the impact of silicosis prone industries and factories across India and ensure that the CPCB and the respective SPCBs...
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...