Supreme court
'Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife' : Supreme Court Lists Out Factors To Be Considered
The Supreme Court (on July 15), while ordering the dissolution of marriage, observed that the award of maintenance or permanent alimony should not be penal. It should be for the purpose of ensuring a decent living standard for a wife. The Court, in the present case, ordered the husband to pay Rs. 2 Crores to his wife as permanent alimony. The Bench of Justices Vikram Nath and Prashant Kumar Mishra relied upon a thread of precedents to reach the one-time settlement amount. The...
Market Fee Under Punjab Agriculture Produce Markets Act Distinct From Fees Under Rural Development Act : Supreme Court
The Supreme Court recently held that the Market fees collected under the collected under the Punjab Agricultural Produce Markets Act, 1961 and Rural Development fees collected under the Punjab Rural Development Act were distinctWhile dealing with a 2003 Policy of the State of Punjab regarding exemption from payment of market fees, the Court observed that even though there may be convergence of some interests under two different statutes, the same would not tantamount to benefits flowing from one...
Different Posts Coincidentally Having Same Pay Scale Does Not Create Indefeasible Right To Pay Parity: Supreme Court
The Supreme Court on Monday observed that pay parity cannot be claimed as an indefeasible right unless the competent authority consciously decides to equate two posts despite their different nomenclature or qualifications.“pay parity cannot be claimed as an indefeasible enforceable right save and except where the Competent Authority has taken a conscious decision to equate two posts notwithstanding their different nomenclature or distinct qualifications. Incidental grant of same pay scale to two...
Bihar City Manager Cadre Rules | Candidate Getting Minimum Qualified Marks Can't Be Excluded From Merit List For Not Having Work Experience: Supreme Court
The Supreme Court on Tuesday (July 16) granted relief to the candidate who was denied a place in the merit list by the Bihar Staff Selection Commission because of holding Zero work experience despite qualifying the minimum marks criteria as per the advertisement. A candidate had applied for the position of City Manager under the Urban Development and Housing Department, Government of Bihar. The said post is governed by the Bihar City Manager Cadre (Appointment and Service Conditions) Rules,...
Supreme Court Forms Committee Led By Justice Ravindra Bhat To Address Investor Claims On Sai Group Of Companies
To deal with investor claims pertaining to the Sai Group of Companies, which are accused of illegal mobilization of funds, the Supreme Court recently invoked its power under Article 142 of the Constitution to appoint a High Powered Sale Committee (HSPC), to be headed by its former judge Justice S Ravindra Bhatt. It also granted interim bail to two founder-Directors of the companies, taking into account their incarceration of over 8 years.The judgment was delivered by a bench of Justices Surya...
O. 23 R. 3 CPC | Compromise Must Be Reduced To Writing & Signed By Parties, Mere Statements Before Court Not Enough : Supreme Court
The Supreme Court held that a compromise deed cannot be recognized unless it is reduced to writing and signed by the parties. The Court said that the settlement or compromise cannot be said to arrive on mere recording of statements before the Court.“for a valid compromise in a suit there has to be a lawful agreement or compromise in writing and signed by the parties which would then require it to be proved to the satisfaction of the Court.”, the Court said.“In the present case, neither the...
Doctrine Of Merger Won't Apply If SLP Was Dismissed Without Granting Leave Whether By Reasoned Order Or Not : Supreme Court
The Supreme Court on Monday (July 15) explained that when a petition for special leave to appeal is allowed by the court, the impugned judgment gets merged with the decision of the Supreme Court in the appeal arising from the SLP.“once leave has been granted in a Special Leave Petition, regardless of whether such appeal is subsequently dismissed with or without reasons, the doctrine of merger comes into play resulting in merger of the order under challenge with that of the appellate forum, and...
S. 294 CrPC | Calling Accused To Admit/Deny Genuineness Of Documents Produced By Prosecution Not Violation Of Article 20(3) : Supreme Court
Recently, the Supreme Court observed that an accused cannot be said to be a witness against himself if he was called upon to admit or deny the genuineness of the documents produced by the prosecution under Section 294 of the Code of Criminal Procedure (CrPC).“we are of the opinion that calling upon the accused to admit or deny the genuineness of the documents produced by the prosecution alongwith the list under Section 294 of Cr.P.C., could not be said to be in any way prejudicial to the right...
Supreme Court Weekly Round-Up (08 July-13 July, 2024)
Live Law has got you covered with all the latest updates of this last week. 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 and the updates of the Constitution Bench hearing on the taxation matter of mineral-bearing lands, providing a succinct overview.Judgments/ Orders...
Revenue Record Entries Won't Confer Title; Rights Under Deed Won't Be Lost Merely Because Revenue Records Aren't Changed : Supreme Court
The Supreme Court observed that the lethargy or the carelessness on the part of the State Government in not getting the revenue records corrected would not take away the rights conferred on the State under a deed. The Court said that once the property is transferred to the State by way of a valid gift deed, then the property would be deemed to be owned by the State. The mere appearance of...
Condition To Deposit 50% Of Compensation Ordered Under S.357 CrPC To Suspend Sentence Unjustified : Supreme Court
The Supreme Court has held that a condition cannot be imposed that the convict must deposit 50% of the compensation directed under Section 357 of the Code of Criminal Procedure to suspend the sentence. “..we are of the opinion that taking into account the purpose and object of Section 357, read with its enunciation in Dilip S. Dahanukar vs. Mahindra Co. Ltd. [2007 (6) SCC 528], the direction...
Supreme Court Imposes ₹3 Crore Cost On Bidder for Negligence, Says Greater Care Needed In Public Auctions To Prevent Waste Of Public Funds
The Supreme Court held that a government auction is a competitive bidding process, and bidders have to exercise a greater than ordinary degree of care to prevent situations that cost the public exchequer heavily in terms of time, effort and expense.“the bidders being experienced corporate entities are expected to have the assistance of technical experts, and exercise a greater than...