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'2002 Godhra Train Burning Could Have Been Prevented': Gujarat HC Upholds Dismissal Of 9 Railway Constables For Dereliction Of Duty
Upholding the dismissal of nine railway constables who were "entrusted" to travel on Sabarmati Express, the Gujarat High Court observed that if they had departed in the train instead of taking another train, the 2002 Godhra Train Burning incident could have been prevented. In doing so the court observed that the petitioners had made bogus entries in the train register and had shown...
'Creating Fake Order Is Contempt Of Court' : Supreme Court Upholds Conviction Of Litigant Who Forged HC Order
The Supreme Court upheld the conviction of a litigant for criminal contempt for forging an order of the High Court to secure a stay on the execution of a decree in a suit related to the recovery of possession and rent from the litigant. The bench comprising Justices Sudhanshu Dhulia and Prashant Kumar Mishra heard the case where the appellant forged three interim orders and presented them...
'Why No Demolitions In Affluent Colonies?': Supreme Court Questions Delhi Authorities For Shielding Unauthorised Structures Of Rich
The Supreme Court recently sought an explanation from the Delhi Development Authority (DDA), the Municipal Corporation of Delhi (MCD), and the Delhi Government for trying to protect affluent unauthorised colonies. A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan directed the DDA, MCD, and Delhi Government to file affidavits within two months explaining their actions. The Union Ministry...
Courts Have Duty To Direct Executive To Review Working Of Statutes & Audit Statutory Impact : Supreme Court
The Supreme Court has held that auditing and assessing the implementation of a statute is an integral part of the Rule of Law. The Court stated that the judiciary has both the power and the duty to direct the executive to conduct a performance audit of laws to ensure that their objectives are being met.However, such a direction should be based on a finding that the statute has,...
Supreme Court Grants Relief To TISS Dalit Scholar Suspended Over Protest March, Allows Him To Continue PhD
The Supreme Court on Friday (May 2 ) directed the Tata Institute of Social Sciences to reinstate Dalit Ph.D. scholar and Left student leader Ramadas K.S, who was earlier suspended for alleged "misconduct" and "anti-national activities."A bench comprising Justice Dipankar Datta and Justice Manmohan did not invalidate the suspension. However, it directed that the suspension need not be...
Supreme Court Expresses Shock Over Bandhwari Landfill Fires In Gurugram, Asks CAQM To Issue Preventive Directions
The Supreme Court on Friday expressed shock at the recent fire at the Bandhwari landfill site in Gurugram and observed that the lingering smoke, even after the fire was extinguished, posed a major health hazard to citizens. A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan noted that the fire had taken four days to be doused and emphasised the serious pollution caused by...
Supreme Court Issues Notice On J&K UT's Plea Against HC Quashing Detention Of Alleged Overground Worker
The Supreme Court today(May 2) issued notice returnable 4 weeks in a Special Leave Petition challenging the order passed by the High Court of Jammu & Kashmir and Ladakh whereby the Court quashed the detention of the Respondent. A bench of Justices Vikram Nath and Sandeep Mehta issued notice on a plea filed by the Union Territory of Jammu & Kashmir and represented by Advocate...
Forfeiture Of 'Earnest Money' Is Not Penal In Ordinary Sense So As To Apply Section 74 Contract Act : Supreme Court
The Supreme Court today (May 2) upheld the forfeiture of earnest money deposited as part of the Advance Sale Agreement by the purchaser with the seller upon the purchaser's failure to pay the balance consideration amount. The Court rejected the purchaser's argument that there cannot be a forfeiture of the earnest money deposited with the seller. Instead, it said that Rs. 20 lakhs paid by...
Supreme Court Issues Notice On Actor Sushant Singh's Plea For Transfer Of Petition Before Bombay HC Against IT Blocking Rules
The Supreme Court today issued notice on a plea filed by actor and social activist Sushant Singh seeking transfer of his petition challenging the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 from the Bombay High Court to the Supreme Court.A bench of Justices BR Gavai and AG Masih passed the order, listing the case with...
Supreme Court Refuses To Review Order Upholding Applicability Of TDS On Salaries Of Christian Nuns & Priests
The Supreme Court has rejected the review petitions filed against its earlier order upholding application of the Tax Deduction at Source (TDS) on the salaries given to nuns and priests of the Catholic Church who are working as teachers in aided institutions.Bench of CJI Sanjiv Khanna ,Justice JB Pardiwala and Justice Manoj Misra dismissed the review petitions and passed the following order...
Supreme Court Criticises Arbitration Bill 2024 For Not Recognising Power To Implead Non-Signatories, Urges Union To Make Changes
The Supreme Court today (May 2) expressed its dissatisfaction with the continued absence of explicit statutory recognition for the power of arbitral tribunals to implead or join non-signatory parties. The Court noted with concern that, despite earlier omissions in the Arbitration and Conciliation Act, 1996, the newly proposed Arbitration and Conciliation Bill, 2024, which seeks to overhaul...
Stamp Vendors Are 'Public Servants' Under Prevention Of Corruption Act; Liable For Bribery Over Stamp Paper Sale : Supreme Court
In a notable judgment, the Supreme Court on Friday (May 2) held that stamp vendors fall within the definition of "public servants" under the Prevention of Corruption Act, 1988 and hence, can be proceeded under the PC Act for the corrupt practices.The Court held that it was the nature of the duty being discharged by a person which assumes paramount importance when determining whether such a...