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Every Court Has High Pendency, Constitutional Courts Should Avoid Fixing Time-Schedule For Cases Unless Exceptional: Supreme Court
Every Courts in the country has a huge pendency and hence the Supreme Court and the High Courts should refrain from fixing a time-bound schedule for disposal of any cases except in extra-ordinary circumstances, observed the Supreme Court recently.A bench of Justices Abhay S Oka and Pankaj Mithal made this observation while turning down a plea seeking a direction for disposal of a criminal...
Historical Similarity In Previous Pay Scales Can Be Considered To Allow Same Pay Scale For Similar Posts : Supreme Court
Historical similarity in previous pay scales can be taken into consideration by the Courts to interfere with pay scale fixation which has created anomalies, observed the Supreme Court.Holding thus, the Court upheld a Delhi High Court judgment which held that Assistant and Personal Assistants of Ordnance Factory Board, Headquarters are entitled to same pay scale as similarly placed employees...
Bharatiya Nyaya Sanhita A 'Copy-Paste' Of Indian Penal Code, 'Wasteful Exercise' : P Chidambaram
The three Bills introduced by the Union Government to replace the Indian Penal Code i "largely a copy and paste of existing laws", said Member of Parliament and Senior Advocate P Chidambaram in his dissent note submitted to the Parliamentary Standing Committee on Home Affairs.He said the enactment of these three Bills will be a "wasteful exercise that will have many undesirable...
Party Not Entitled To Seek Relief That Has Not Been Prayed For: Supreme Court
The Supreme Court, while dealing with a consumer dispute, reiterated that a party is not entitled to seek relief that has not been prayed for. A bench of Justice AS Bopanna and Justice PS Narasimha was dealing with an appeal against an order of the National Consumer Disputes Redressal Commission (NCDRC) in which it was held that there was a delay in delivering the consignment of the...
Criminalise Adultery In Gender Neutral Manner In New Penal Code, Recommends Parliamentary Panel
The Parliamentary Standing Committee on Home Affairs has recommended that the offence of adultery be retained in the Bharatiya Nyaya Sanhita, the new bill which was introduced by the Union Government seeking to replace the Indian Penal Code.Section 497 of the Indian Penal Code, which criminalised adultery, was struck down as unconstitutional by a Constitution Bench of the Supreme Court in...
UP VAT Act | Assessee Entitled To Claim Full Input Tax Credit On Exempted Goods Produced As By-Products Or Waste Products During Manufacturing Of Taxable Goods : Supreme Court
The Supreme Court while relying on Explanation (iii) to Section 13 of Uttar Pradesh Value Added Tax Act, 2008 (“UP VAT Act”), has held that if during the manufacture of any taxable good any tax exempted goods are produced as by-product/waste product, then it shall be deemed that the goods purchased from within the State for such manufacturing have been used in manufacture of taxable...
Airlines Bound By Time Schedule Promised By Its Travel Agent : Supreme Court
The Supreme Court held that an authority is bound by the promise held by its agent under the Indian Contract Act. The Apex Court held so in the context of a consumer dispute, where Kuwait Airways, through its agent, Dagga Air Agents, had fixed a schedule of 7 days for delivery of certain goods. The Court held that the Airline was liable to pay the complainant damages for delay in delivering...
Arbitration A Boon For Businesses And Individuals Seeking Swift, Cost-Effective Dispute Resolution: Justice Sanjay Karol
Recently, Justice Sanjay Karol of the Supreme Court of India addressed a gathering at Ram Manohar Lohiya National Law University, Lucknow, which was hosting the World rounds of the Foreign Direct Investment (FDI) International Arbitration Moot Court Competition.Speaking during the valedictory ceremony, Justice Karol’s address centered on ADR mechanisms – how they are indispensable in...
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'Sarpanch-patism’ Or Husband Working As 'Proxy' For Sarpanch Wife Defeats Purpose Of Women Reservation: Orissa High Court
The Orissa High Court has expressed serious concerns over husbands/male members of women sarpanches acting as ‘proxy sarpanch’ and discharging duties as de facto sarpanch in the place of elected female sarpanches.The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi held that such system of ‘proxy sarpanch’ or ‘sarpanch-patism’ defeats the very purpose of the Constitution...
Manufacturers Intentionally Withholding Necessary Spare Parts Of Products Unfair Trade Practice: Kerala Consumer Forum
The District Consumer Disputes Redressal Commission at Ernakulam recently flayed manufacturers for intentionally withholding of essential spare and consumable parts of a component, compelling the customers to abandon such otherwise functional products and acquire replacements for the same. Terming such tactics to pressurize consumers to buy additional products from them as 'restricted...
Airfares Are Not Regulated By The Government: Centre Tells Kerala High Court
The Central Government has submitted a statement before the Kerala High Court stating that airfares are not regulated by the Government.Justice Devan Ramachandran was considering the plea moved by the Managing Director of Safari Group Of Companies challenging the exorbitant airfares to Gulf Countries. In pursuance to the earlier directions of the Court, K. K Sethukumar, Central Government...