BREAKING| Not All Private Property Is 'Material Resource Of Community' Which State Must Equally Distribute As Per Article 39(b) : Supreme Court

The Supreme Court today (November 5) held by a majority of 8:1 that all private properties cannot form part of the 'material resources of the community' which the State is obliged to equitably redistribute as per the Directive Principles of State Policy under Article 39(b) of the Constitution.The Court held some private properties may come under Article 39(b) provided they are material and belong to the community.The 9-judge bench comprised Chief Justice of India DY Chandrachud, Justices...

'Public Service Commission Must Not Resort To Falsehoods' : Supreme Court Slams KPSC's Inconsistency On LDC Post Qualification

The Supreme Court today came down heavily on the Kerala Public Service Commission (KPSC) for its inconsistent stances which led to prolonged litigation impacting the hopes and aspirations of nearly twelve hundred candidates who appeared for the recruitment exam for the Lower Division Clerk (LDC) post in the Kerala Water Authority. The bench comprising Justices PS Narasimha and Sanjay Kumar expressed displeasure with the varying stand of the KPSC in ascertaining the essential qualification for...

Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court

Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the arbitral award amount as a condition precedent for seeking a stay on the enforcement of the award just because the government entity was not a flight risk.The bench comprising Chief Justice DY Chandrachud,Justices JB Pardiwala and Manoj Misra...

Supreme Court Deprecates Practice Of Litigant Engaging New Lawyer To Reargue Case After Court Expressed Dissatisfaction On Merits

The Supreme Court recently(October 24) criticized a litigant who, through a newly engaged lawyer, tried to reargue a case despite the Court having previously expressed dissatisfaction with the case's merits after hearing arguments but allowed the lawyers to seek further instructions.A bench of Justice Abhay S Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih observed –“It is not the case that the learned senior counsel who argued the matter and who took time to take...

Supreme Court Directs All States, UTs To Promptly Convey Rejection Of Remission Plea To Convicts

The Supreme Court recently directed all states and union territories to inform convicts of any rejection of applications for permanent remission within one week and forward copies of these rejection orders to the respective District Legal Services Authorities to ensure that appropriate steps are taken to provide legal aid to affected convicts.“(iii) All the States shall ensure that orders...

Supreme Court Validates Different Grade Pay For Artificers III To I; Promotional Hierarchy Justifies Pay Distinction In Navy's Pay Grade

Supreme Court of India: A Division Bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan dismissed appeals challenging the Armed Forces Tribunal's order regarding grade pay disparity between Navy Artificers and Chief Petty Officers. The Court held that despite equivalence in seniority ranking, the difference in grade pay was justified due to the promotional hierarchy within...

S. 353 IPC | Shouting & Threatening Someone Doesn't Amount To Assault : Supreme Court

The Supreme Court has observed that shouting and threatening someone doesn't amount to committing an offence of assault. The bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah heard a case where the FIR under Section 353 of IPC (Assault) was registered against the Indian Institute of Astrophysics employee for shouting and threatening the CAT's Staff while inspecting...

Supreme Court Weekly Round-up: October 21, 2024 To October 27, 2024

IndexCitationsBank of Rajasthan Ltd. v. Commissioner of Income Tax 2024 LiveLaw (SC) 817Horrmal (Deceased) through his LRs and Ors. v. State of Haryana and Ors., SLP(C) No. 007963 - / 2023 2024 LiveLaw (SC) 818Mafabhai Motibhai Sagar v. State of Gujarat & Ors. 2024 LiveLaw (SC) 819Ratilal Jhaverbhai Parmar & Ors. v. State of Gujarat & Ors. 2024 LiveLaw (SC) 820Shyam Narayan Ram...

Police's Action To Take Possession Of Immovable Property Without Sanction Of Law Reflects Lawlessness : Supreme Court

In a recent case, the Supreme Court disapproved of the police's action to take possession of the immovable property by taking keys of the property under an application filed by the litigant. “We believe that this action by the police to take possession of immovable property reflects total lawlessness. Under no circumstances, can the police be allowed to interfere with the possession...

Bail Condition That Accused Shall Furnish Bail Bonds 6 Months After Passing Of Order Can't Be Imposed : Supreme Court

The Supreme Court recently (October 24) dismissed two special leave petitions challenging the bail orders of the Patna High Court. It set aside the orders passed by the High Court and remitted the matter back to the High Court for a fresh hearing on merits, not before orally remarking that they have repeatedly witnessed bail orders passed by the High Court without assigning reasons.The...

Oral Dying Declaration Made To Close Relatives Requires Cautious Assessment Before Being Used To Convict Accused : Supreme Court

The Supreme Court observed that when the conviction was based on the deceased's oral dying declaration to a close relative, the courts must exercise due caution in believing the testimony of the close relative to convict the accused. The bench comprising Justice CT Ravikumar and Justice Sudhanshu Dhulia heard a case where the prosecution tried to prove the guilt of the accused based on the...

Employee In Supervisory Capacity, Drawing Wages Exceeding 10k Per Month Not 'Workman' Under Industrial Disputes Act: Supreme Court

The Supreme Court recently held that an employee did not come within the definition of "workman" under Section 2(s) of the Industrial Disputes Act, 1947 (as amended on 2010) because he was employed in a supervisory capacity and drew wages exceeding Rs. 1,600 (now Rs.10,000/- per month as per 2010 amendment). The Court applied the pre-amended provision since the employee's service was...