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...

Delhi MLA Amanatullah Khan Moves Supreme Court Challenging Waqf Amendment Bill

A day after two writ petitions were filed challenging the constitutionality of the Waqf (Amendment) Bill, 2025, another petition has now been filed by Amanatullah Khan, a Member of the Delhi Legislative Assembly, ˘belonging to the Aam Aadmi Party, contending that the 2025 Bill was curtaining the religious and cultural autonomy of Muslims and enabling arbitrary executive interference with...

Domestic Violence Act: All India Annual Digest 2024

Supreme Court:DV Act |When Can Order Passed Under S.12 Be Modified/Altered Due To Change In Circumstances? Supreme Court ExplainsCase Details : S Vijikumari v. Mowneshwarachari CCitation : 2024 LiveLaw (SC) 745The Supreme Court, in a recent judgment, has explained when Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 can be invoked to seek the alteration, modification...

Supreme Court Refuses To Review Dismissal Of Plea To Confiscate Electoral Bond Donations

The Supreme Court recently dismissed a review petition filed by Advocate Dr. Khem Singh Bhati seeking a review of the Supreme Court's order dated August 2, 2024, whereby the plea to confiscate Rs.16,518 crores received by the political parties under the 2018 Electoral Bonds Scheme, which was held unconstitutional, was dismissed.A bench headed by Chief Justice of India Sanjiv Khanna and...

IBC | Difference Between 'Avoidance Transactions' & 'Fraudulent Or Wrongful Trading' : Supreme Court Explains

The Supreme Court, in its recent decision in Piramal Capital and Housing Finance Ltd v. 63 Moons Technology explained the key difference between how the Insolvency and Bankruptcy Code 2016 deals with avoidance transactions and transactions relating to fraudulent or wrongful trading. Notably, under the IBC 2016, 'avoidance transactions' are specific transactions conducted by a corporate...

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...

NALSA Files PIL In Supreme Court For Release Of Elderly & Terminally Ill Prisoners

The National Legal Services Authority (NALSA) filed a Public Interest Litigation before the Supreme Court, seeking urgent intervention for the release of elderly and terminally ill convicted prisoners across the country. The petition highlights the dire conditions faced by such prisoners and calls for the implementation of compassionate release of the identified prisoners in line...

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...

'Which Law Says Bank Accounts Can't Be Operated Without Aadhaar?' Supreme Court Questions Delhi Govt Over Denial Of Workers' Allowances

The Supreme Court on Wednesday (April 2) questioned the Delhi Government for not paying subsistence allowance to 5,907 eligible workers affected by Graded Response Action Plan (GRAP) restrictions who do not have Aadhaar-linked bank accounts.A bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan asked the Delhi government to address the Court on whether verified workers can be...

S.61 IBC | When Judgment Is Pronounced In Open Court, Limitation Period Runs From That Day : Supreme Court

The Court also held that the benefit under S.12 of Limitation Act cannot be claimed when the party did not apply for certified copy.

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...