Supreme court
'Unfair To Deny Post-Retiral Benefits After They Worked For Over 30 Years' : Supreme Court Grants Relief To Employees Selected On Short-Term Basis
The Supreme Court, through its order dated May 07, granted post-retiral benefits to the Assistant Wasil Baki Navis (AWBNs)/ appellants, selected in 1981 for District Gorakhpur on a short-term seasonal appointment basis. The Bench of Justices Vikram Nath and Satish Chandra Sharma observed that the appellants have worked for 30 to 40 years. Thus, it added, it would be unreasonable and...
Incarceration Due To Delay In Trial Violates Article 21; Bail Can Be Considered In Such Cases Despite Bar Under NDPS Act : Supreme Court
The Supreme Court observed that if there's an undue delay in the completion of the trial, then there would be no impediment to consider the grant of bail to the accused under Narcotics Drugs and Psychotropic Substances Act despite not meeting the stringent test under Section 37 of the NDPS Act. “It is to observe that failure to conclude the trial within a reasonable time resulting in...
Subsequent Change In Law Can't Be A Ground For Condonation Of Delay: Supreme Court
In a batch of land acquisition cases, the Supreme Court recently observed that subsequent change in law cannot be a ground for condonation of delay."...if subsequent change of law is allowed as a valid ground for condonation of delay, it would open a Pandora's Box where all the cases that were subsequently overruled, or the cases that had relied on the judgements that were subsequently...
Supreme Court Criminal Digest April 2024
Bail Cancellation of Bail – Grounds – Misuse of liberty – Participation in protest and expression of strong views – Non-violation of bail conditions. A. Duraimurugan Pandiyan Sattai @ Duraimurugan v. State, 2024 LiveLaw (SC) 313 Criminal Law – Bail application – No specific prayer for bail in appeal petition – Held, the plea for bail in the context of the present...
Supreme Court Quarterly Digest 2024 - Negotiable Instruments Act, 1881
Director of the company not responsible for its day-to-day affairs cannot be held liable for dishonor of cheque. (Para 10) Susela Padmavathy Amma v. Bharti Airtel Ltd., 2024 LiveLaw (SC) 237 Section 118 r/w. 139 - Accused has signed the cheque. The only dispute is with regard to the age of the ink used in making the signature on the cheque and the age of the signature and contents of...
Supreme Court Monthly Digest April 2024
Citations 2024 LiveLaw (SC) 269 to 2024 LiveLaw (SC) 339 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. 1 in collusion with respondent no. 2, had misused the process of law for covering up the irregularities and illegalities committed in the tender process. The division bench of High Court failed to notice...
Supreme Court Weekly Digest With Subject /Statute Wise Index [April 21 to 30]
Supreme Court Weekly Digest April 2024 Part 3 (Apr 21 - 30, 2024)Bail Cancellation of Bail – Grounds – Misuse of liberty – Participation in protest and expression of strong views – Non-violation of bail conditions. A. Duraimurugan Pandiyan Sattai @ Duraimurugan v. State, 2024 LiveLaw (SC) 313Code of Civil Procedure, 1908Failure to implead necessary parties – Court must apply its...
No Government Servant Can Claim Promotion As Their Right : Supreme Court
Recently, the Supreme Court observed that government employees cannot demand promotion as a matter of right and that the Court's intervention in promotion policies should only be limited when there is a violation of the equality principle under Article 16 of the Constitution. On May 17, the Court upheld the recommendations made by the High Court of Gujarat in 2023 for the promotion of...
Can A Person, Awarded Monetary Compensation But Has Not Received It, File Appeal As Indigent? Supreme Court Answers
The Supreme Court, in its recent judgment (on May 27), answered the question of whether a person, who has been awarded monetary compensation but has not received it, would not be able to file an appeal seeking enhanced compensation as an indigent. An indigent person is someone who does not have the financial means to pay the Court fee and proceed with the suit filed. At the outset, the...
Supreme Court Weekly Round-Up (20 May-25 May, 2024)
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing...
Tenant Continuing In Possession After Expiry Of Tenancy Liable To Compensate Landlord By Paying 'Mesne Profits' : Supreme Court
The Supreme Court held that if the tenant continues to remain in the rented premises even after the tenancy rights are extinguished, then the landlord would be entitled to receive compensation in the form of 'mesne profit' from the tenant. “While the above-stated position is generally accepted, it is also within the bounds of the law, that a tenant who once entered the property in...
Supreme Court Quarterly Civil Digest 2024
Supreme Court Quarterly Civil Digest 2024Abuse of Process of Law Special Leave Petitions - Several matters, wherein the special leave petitions are filed either against the order seeking adjournment or the order issuing notices or grant/refusal of interim protections. Filing of such petitions not only wastes the time of the Court but it also puts unnecessary burden on the Courts and adds up...