Supreme court
Labour Court's Factual Finding Shouldn't Be Normally Disturbed By Writ Court Without Compelling Reason : Supreme Court
Observing that the factual findings of a Labour Court should not be normally disturbed by a Writ Court without a compelling reason, the Supreme Court ordered the reinstatement of an employee who had been terminated due to conflicts arising from his estranged marital relationship. The bench comprising Justice Hrishikesh Roy and Justice S.V.N. Bhatti allowed the appeal of the employee.In this case, the appellant secured a job as a 'Helper' as part of the rehabilitation package after his...
Recording Evidence Mandatory In Disciplinary Proceedings Proposing To Impose Major Penalties: Supreme Court
The Supreme Court directed the reinstatement of a government employee whose termination was based on an inquiry report imposing a major penalty without adequately proving the charges. The court emphasized that the recording of evidence in a disciplinary proceeding proposing charges of a major punishment is mandatory."This Court in a catena of judgments has held that the recording of evidence in a disciplinary proceeding proposing charges of a major punishment is mandatory," the Court...
Supreme Court Weekly Round-up: November 11, 2024 To November 17, 2024
Nominal IndexCitationsM/S Crystal Transport Private Limited & Anr. v. A Fathima Fareedunisa & Ors., Civil Appeal Nos.7709–7710 of 2023 2024 LiveLaw (SC) 881Sonu Choudary v. State of NCT Delhi, Criminal Appeal No. 3111 of 2024 2024 LiveLaw (SC) 882Shyam Kumar Inani v. Vinod Agrawal & Ors., Civil Appeal No. 2845/2015 2024 LiveLaw (SC) 883In Re: Directions in the matter of...
'Consideration' Need Not Be Monetary: Supreme Court Upholds Settlement Deed Requiring Transferee To Care For Transferors & Do Charity
The Supreme Court upheld a property transfer based on a settlement deed requiring the transferee to care for the transferors and perform charitable work.The bench comprising Justice CT Ravikumar and Justice Sanjay Karol rejected the argument that the consideration can only be in money. Instead, it justified the consideration of taking care of the transferor and doing charity work as a...
Motor Accident Compensation - Future Prospects Must Be Considered In Cases Of Self-Employed & Fixed Salaried Individuals : Supreme Court
In a recent ruling, the Supreme Court disapproved of the High Court's decision not to take into account the future prospects while determining motor accident compensation. The High Court had excluded fixed-salary and self-employed earners from such consideration, ignoring the impact of inflation and the natural progression of careers. The bench comprising Justice Vikram Nath and Justice...
S. 11(6) A&C Act | Referral Courts Should Limit Its Enquiry To Prima Facie Existence Of Arbitration Agreement : Supreme Court
In a recent decision, the Supreme Court reiterated that the referral courts under Section 11(6) of the Arbitration & Conciliation Act, 1996 (“Act”) should refrain from conducting an in-depth factual analysis of the dispute. Instead, their role is confined to assessing the prima facie existence of an arbitration agreement. “The scope of inquiry under Section 11 of the Act, 1996...
No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court
The Supreme Court recently noted that being declared a proclaimed offender under Section 82 of the Cr.P.C. does not impose an absolute bar on the accused from seeking anticipatory bail. “Coming to the consideration of anticipatory bail, in the event of the declaration under Section 82 of the Cr.P.C., it is not as if in all cases that there will be a total embargo on considering the...
Ensure Victim's Presence Before Quashing Serious Offences, Especially Against Women, Based On Settlement: Supreme Court To High Courts
The Supreme Court has advised High Courts to exercise caution before quashing non-compoundable cases based on settlement between the victim and the accused. Without ensuring that the settlement is genuine, quashing petitions should not be allowed.Even if there is an affidavit of the victim accepting the settlement, it is advisable to seek the victim's presence, either physically or...
Hate Speech Not Same As Wrong Assertions Or False Claims : Supreme Court
The Supreme Court today (November 14), while dismissing a PIL seeking guidelines to prevent 'provocative speech' by political leaders, observed that the offence of hate speech cannot be equated to the act of wrong assertions or false claims that one may make. The plea filed by Hindu Sena Samiti through its President Surjeet Singh Yadav stressed the need for guidelines to "prevent the...
Article 14 Can't Be Invoked To Repeat Illegality Committed In Favour Of Someone : Supreme Court
The Supreme Court has stated that a person cannot claim equal treatment based on an illegal benefit conferred to someone else. Article 14 of the Constitution cannot be used to perpetuate illegality, the Court said.A bench comprising Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih made these observations while rejecting the claim for a compassionate appointment made by...
Compassionate Appointment Is Not A Vested Right : Supreme Court
The Supreme Court has held that compassionate appointment is not a vested right which can be granted without any kind of scrutiny or undertaking a process of selection.The Court reiterated that compassionate appointment is always subject to proper and strict scrutiny of the various parameters.A bench comprising Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih was deciding...
