Supreme court
Section 18 Of Limitation Act Applies To Public Premises Act : Supreme Court
In a case involving liability for demand raised under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, the Supreme Court recently applied Section 18 of the Limitation Act and granted benefit of extension of limitation to the lessor noting that there was acknowledgement of liability by the licensee within the limitation period of 3 years."The respondents cannot argue that only section 3 of the Limitation Act along with the limitation provided under Article 52 of the Schedule of...
Specific Performance Suit Not Maintainable For Cancelled Sale Agreement Without Seeking Declaration Against Cancellation : Supreme Court
The Supreme Court held that a suit for the specific performance of an agreement to sell, filed after its cancellation, is not maintainable unless it includes a prayer for declaratory relief (under Section 34 Specific Relief Act) challenging the validity of the cancellation.The Court reasoned that declaratory relief challenging the validity of the cancellation was essential when seeking...
Excess Payments To Employee Can't Be Recovered When There Was No Fraud Or Misrepresentation: Supreme Court
The Supreme Court has reiterated that excess payment made to an employee cannot be recovered if such payment was not on account of any fraud or misrepresentation on the part of the employee. Also, excess payment to the employee due to any wrong application of the rule or incorrect calculation on the part of the employer is not recoverable.A bench comprising Justice PS Narasimha and...
Even As We Near 80 Yrs Of Independence, Not Enough Public Jobs Generated For Eligible Candidates : Supreme Court
The Supreme Court recently highlighted the scarcity of government jobs and the hardships faced by deserving candidates unable to secure employment due to limited opportunities. “Even as we near 80 (eighty) years of independence, generating enough jobs in the public sector to absorb those eager to enter public service remains an elusive goal. While there is no dearth of eligible candidates...
Supreme Court Directs CEC To Probe Violations Of Forest & Wildlife Laws In Tamil Nadu's Agasthyamalai Landscape
Concerned over encroachments and depleting forest cover in Tamil Nadu's Agasthyamalai landscape, the Supreme Court directed the Central Empowered Committee (CEC) to survey the area and report violations of laws like the Forest Conservation Act, 1980 and Wildlife (Protection) Act, 1972. "Needless to say, that the forests form the lungs of the ecosystem, and any depletion/destruction of...
Teacher In-Service As On Aug 10, 2017 With 18-Month D.El.Ed. From NIOS Before Apr 1, 2019 'At Par' With 2-Yr Diploma Holder: SC
Dealing with the issue of eligibility for teacher recruitment process in West Bengal, the Supreme Court today held that any teacher who was in-service as on 10.08.2017 and who acquired the Diploma In Elementary Education (D. El. Ed.) qualification through National Institute of Open Schooling's (NIOS) 18-months programme prior to 01.04.2019 is a valid diploma holder and at par with a teacher...
S. 34(3) Arbitration Act | Application Filed On Next Working Day After 90 Day Period Is Within Limitation : Supreme Court
The Supreme Court held that the three-month limitation period under Section 34(3) of the Arbitration & Conciliation Act, 1996 (“Arbitration Act”) for challenging an arbitral award should not be rigidly interpreted as exactly 90 days, rather it should be interpreted as three calendar months. The Court upheld the filing of an application under Section 34 of the Arbitration Act...
Supreme Court Rejects UCO Bank's Plea That Employee Dismissed For Misconduct Wasn't Entitled To Pension Despite 10 Yrs Service
The Supreme Court rejected UCO Bank's plea that a bank employee who has completed over ten years of service was not entitled to superannuation benefits when he was dismissed on grounds of misconduct. The bench comprising Justices Abhay S. Oka and Ujjal Bhuyan upheld the Punjab & Haryana High Court's decision directing the Appellant-UCO Bank to grant pensionary benefits to...
Yasin Malik Can't Be Physically Produced In Jammu Court : Supreme Court Allows Him To Examine Witnesses Via VC From Tihar Jail
The Supreme Court on Friday (April 4) ruled against the physical production of Kashmiri separatist Yasin Malik before a Jammu Court for the trial of the cases related to the assassination of four Indian Air Force officials and the kidnapping of Rubayya Sayid in 1989. Instead, the Court directed that Malik(who has chosen not to engage an advocate to represent him) be allowed to cross-examine...
Land Acquisition Act | Supreme Court Explains Principle Of De-Escalation, Says Highest Of Sale Exemplars Must Be Taken
The Supreme Court on Thursday (April 3) reaffirmed that the highest bona fide sale exemplar must be considered when determining land acquisition compensation to ensure a fair market value for the acquired land. Holding so, the bench comprising Justices BR Gavai and KV Viswanathan allowed the landowner's plea seeking enhancement of compensation fixed by the High Court and enhanced...