Supreme court
Preserve Answer Scripts Till Selection Process Is Complete To Obviate Allegations Of Wrong-Doing : Supreme Court
In a matter pertaining to recruitment of primary teachers in Manipur, the Supreme Court recently observed that when recruitment for public posts is being done, authorities shall preserve answer scripts of candidates until the process is complete, to obviate any allegations of wrong-doing."When recruitment for public posts is being made by the State, the preservation of the answer scripts till reasonable time after the final declaration of result is the prudent course to adopt....we expect all...
75 Important Judgments Of The Supreme Court: Part II | Celebrating 75 Years of India's Supreme Court
In Part II of the 75 landmark judgments of the Supreme Court, we look at another set of 25 judgments relating to Article 21 including unenumerated rights. Due process and interrelatedness of rightsDue process guarantees not included in Article 21 In 1950, in A.K. Gopalan v The State of Madhya Pradesh, the Supreme Court upheld the constitutional validity of the Prevention Detention Act, 1950, except for Section 14 which prescribed restrictions as to the disclosure of grounds of detention before...
'Agreement Of Sale A Sheer Piece Of Fraud & Concoction' : Supreme Court Sets Aside Decree For Specific Performance
The Supreme Court, while exercising jurisdiction under Article 136 of the Constitution, reversed the concurrent findings of the Trial Court, First Appellate Court, and High Court which had validated the sale agreement transcribed on one of the blank stamp papers on which the thumb impression of the defendant (illiterate) had been taken before its transcription. From the facts, the Court inferred that the thumb impression of the appellant-defendant may have been taken on a blank stamp paper...
DV Act |When Can Order Passed Under S.12 Be Modified/Altered Due To Change In Circumstances? Supreme Court Explains
The Supreme Court, in a recent judgment, has explained when Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 can be invoked to seek the alteration, modification or revocation of an order passed by the Magistrate under Section 12 of the Act.The bench comprising Justices BV Nagarathna and N Kotiswar Singh observed that the scope of Section 25(2) of the Act is broad enough to deal with all nature of orders passed under the Act, which may include orders of maintenance,...
S. 37 Arbitration Act | An Award Can't Be Set Aside Merely Because Appellate Court's View Is A Better View : Supreme Court
The Supreme Court today (Sep. 27) observed that unless the arbitral award suffers from the illegality mentioned under Section 34 of the Arbitration & Conciliation Act, 1996 (“Act”), no award can be interfered with or set aside by the Appellate Courts under Section 37 of the Act. The bench comprising Justices PS Narasimha and Pankaj Mithal observed that the award cannot be set...
Supreme Court “Showing Magnanimity” Closes Contempt Proceedings Against UP Official For False Affidavit, Imposes Rs. 5 Lakh Cost On State
The Supreme Court on Friday (September 27) closed contempt proceedings against the former Principal Secretary of the Uttar Pradesh Prisons Administration Department for making false statement in his affidavit filed to explain delay in deciding remission plea of a convict.“We can go deep into the matter and fix the responsibility, but we are facing huge pendency of cases and therefore we do not feel it appropriate to waste time on such matters especially when notwithstanding grant of opportunity...
Such Litigants Have No Place In Court: Supreme Court Imposes Rs. 10 Lakh Fine On Litigant Company For Suppression of Facts
The Supreme Court on Friday (September 27) came down heavily on a litigant for suppressing material facts in its two appeals and filing affidavits that sought to justify such suppression.A bench of Justice Abhay S Oka and Justice Augustine George Masih imposed a fine of Rs. 5 lakhs in each case on the litigant company, who has filed the SLPs challenging orders of the National Company Law Appellate Tribunal.The Court in its order noted that the appellants had suppressed material facts in both...
Free Copy Of NCLT Order & Copy Of Order Obtained On Paying Cost Are 'Certified Copies' For Filing NCLAT Appeal : Supreme Court
The Supreme Court today (September 27) set aside an order of the National Company Law Appellate Tribunal (NCLAT) which refused to condone delay in filling an appeal because of the filling of a 'free copy' of the impugned order.The bench of CJI DY Chandrachud and Justice Manoj Misra held that there was no difference between a free certified copy of the order and a certified copy which is...
No Prohibition Against Quashing Criminal Proceedings Even After Charge Sheet Is Filed : Supreme Court
The Supreme Court reiterated that there is no prohibition against quashing criminal proceedings even after the charge sheet has been filed.The bench comprising Justices PS Narasimha and Pankaj Mithal held so while quashing the domestic cruelty case against the accused after noting that no new allegations were discovered against the accused even after filing the charge sheet as it remained the same as recorded in the First Information Report. Reference was drawn to precedents where the court...
Supreme Court Sets Aside HC's Condition That YouTuber Must Shut Down YouTube Channel For Bail
The Supreme Court on Friday (September 27) set aside the condition imposed by the Madras High Court that YouTuber Felix Jerald should shut down his YouTube channel “RedPix 24x7” for getting bail in the criminal case over alleged scandalous remarks in the interview of 'Savukku' Shankar uploaded on the channel.A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra observed that such a bail condition was extraneous to the issue and was unnecessary. The bench...
'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with Section 34 IPC against the appellants. The complaint was against the step mother- in-law (appellant no. 1), step brother-in-law (appellant...
Improper For SC To Grant Interim Relief In Normal Course When Party Is Relegated To High Court : Supreme Court
When the Supreme Court refuses to entertain a matter and asks the party to approach the High Court, it would be improper in the normal course to grant interim relief to such party, observed the Supreme Court recently.The Court made this observation while recalling an order which granted interim protection from coercive action to a party who was relegated to the High Court. The interim protection was meant to be in operation till the High Court disposed of the matter finally.Taking objection to...