Complete Supreme Court Yearly Digest Part-11

Service LawAcquittal in Criminal CaseDisciplinary Proceedings - Acquittal in Criminal Case - The acquittal of the accused in a criminal case does not debar the employer from proceeding in the exercise of disciplinary jurisdiction - In a prosecution for an offence punishable under the criminal law, the burden lies on the prosecution to establish the ingredients of the offence beyond...

BREAKING| Congress Spokesperson Pawan Khera's Arrest Mentioned In Supreme Court; CJI Agrees To Hear At 3 PM

Chief Justice of India DY Chandrachud on Thursday agreed to hear at 3 PM a petition filed in relation to the arrest of Congress spokesperson Pawan Khera at the Delhi airport today, after an urgent mentioning was made by Senior Advocate Dr Abhishek Manu Singvhi.Singhvi informed the CJI that Khera was about to board a flight at 11 AM from the Delhi airport, but he was deplaned. Complaints have...

Karnataka Mining : Supreme Court Allows NMDC To Reclaim Half Of Contribution Made To KMERC From 2019

In the PIL regarding iron ore mining in certain districts of Karnataka, the Supreme Court has passed an interim order allowing central government undertaking National Mineral Development Corporation (NMDC) to reclaim half of the contribution made to Karnataka Mining Environment Restoration Corporation (KMERC) from 2019.KMERC is a Special Purpose Vehicle set up by the Karnataka Government as...

Comply With Directions To Install CCTVs In Police Stations : Supreme Court Gives Warning To Centre, States

The Supreme Court has directed the Centre, States and Union Territories to show the status of complaince with respect to its December 2020 order to install CCTV cameras in all police stations and offices of investigative agencies, such as the Central Bureau of Investigation, the Directorate of Enforcement, and the National Investigation Agency, that conduct investigations and have the power...

Different Pay Scale For Seemingly Similar Posts Justifiable If There Is A Reasonable Classification : Supreme Court

The Supreme Court has observed that Pay Commissions may be justified in recommending different pay scales for seemingly similar posts and if the State accepts such differentiation based on a reasonable classification, then the Courts will not interfere.The doctrine of "equal pay for equal work" will not strictly apply in such cases."It may be true that the nature of work involved in two...

Another Milestone- CJI DY Chandrachud Launches "Neutral Citations" For All Supreme Court Judgements

On Thursday, CJI DY Chandrachud announced that all Supreme Court judgements will be having "neutral citations". Announcing it as a new initiative, CJI DY Chandrachud said–"Our recent initiative is neutral citations for all judgements of the Supreme Court. So all 30,000 judgements are going to have neutral citation. First tranch will be till January 1, 2023, then the other tranch will be...

Supreme Court Affirms Madras HC Order Allowing EPS To Continue As AIADMK Interim General Secretary, Dismisses OPS's Challenge

In a set back to O Paneerselvam(OPS) in the cases related to AIDAMK leadership row, the Supreme Court on Thursday affirmed the order of the Madras High Court division bench which allowed Edappadi Palaniswamy(EPS) to continue as the interim general secretary of the party.The Court has also made absolute its interim order passed on July 6, 2022 staying the Madras High Court order dated June...

Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court Hearing In Shiv Sena case [Feb 23]

A Constitution Bench of the Supreme Court will continue hearing today the cases related to Shiv Sena rift.Senior Advocate Kapil Sibal had been making arguments on behalf of Uddhav Thackeray for the past two days. Reports about yesterday's hearing can be read here and here. Reports about the hearing held on February 21 can be read here and here.A bench comprising Chief Justice of India...

Have Theatres Passed On Benefit Of Entertainment Tax Exemption To Cinema Goers? Supreme Court Asks HC To Decide

The Supreme Court recently remitted back a matter to the Telangana High Court to consider whether private theatre owners who availed an exemption to pay entertainment tax in the State have granted the benefit to the movie goers or not.The Bench of Chief Justice DY Chandrachud, Justices P Narasimha and JB Pardiwala was considering a challenge against a judgement of the High Court passed...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index[February 13 – 19, 2023]

SUBJECT WISE INDEXAdultery"It is not as if this court approved of adultery": Supreme Court clarifies 'Joseph Shine' judgment that declared Section 497 IPC unconstitutional. Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117Armed Forces Personnel liable to face disciplinary action for adultery despite striking down of Section 497 IPC. Joseph Shine v. Union of India, 2023 LiveLaw...

Shiv Sena Case | How Can We Take Over Speaker's Functions? Supreme Court To Uddhav Side

The Constitution bench of the Supreme Court of India, while hearing the pleas concerning the Maharashtra Political Crisis expressed its concern over the court entering into the functioning of the speaker. In yesterday's proceedings, Senior Advocate Kapil Sibal, representing the Uddhav Thackeray faction, argued that members of the legislative assembly could not act independent of their...

Can State Human Rights Commission Examine Medical Negligence Case When NHRC Has Dismissed Same Complaint? Supreme Court To Consider

The Supreme Court has agreed to consider whether the State Human Rights Commission has the power to examine a case of criminal medical negligence when a contrary view was taken by the National Human Rights Commission.A Bench comprising Justice Hrishikesh Roy and Justice Sanjay Karol posted the matter after four weeks for hearing and asked the parties to complete their pleadings in...