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Supreme Court Weekly Round-up: February 10, 2025 To February 16, 2025
Nominal IndexCitationsHitesh Verma v. M/S Health Care At Home India Pvt. Ltd., Diary No. – 29293/2019 2025 LiveLaw (SC) 176Marippan & Anr. v. State Represented By The Inspector of Police 2025 LiveLaw (SC) 177AC Chokshi Share Broker Private Limited v. Jatin Pratap Desai & Anr. 2025 LiveLaw (SC) 178Lalita v. Vishwanath & Ors., Criminal Appeal No. 1086 of 2017 2025 LiveLaw...
Physical Presence Not Necessary In Domestic Violence Act Proceedings : Supreme Court Quashes Magistrate's Order To Extradite Husband From US
The Supreme Court (on February 20) observed that, in proceedings under the Domestic Violence, there is no requirement for a party to be personally present as such proceedings are quasi-criminal in nature. Elaborating, the Court said that such proceedings have no penal consequences except when there is a breach of a protection order, under Section 31 of the Act. In the present case,...
Odisha Pension Rules | Job Contractors Not Entitled To Pension For Pre-Regularisation Period Unlike Work-Charged Employees : Supreme Court
The Supreme Court has held that 'work-charged employees' are distinct from 'job contractors' when it comes to pensionary entitlements under the Odisha Pension Rules 1992.Explaining the distinction between the work-charged employee and employees working on a job contract, the Court observed:"There is a clear distinction between the employees who are in work-charged establishment vis¬à¬vis...
Foreigners Tribunal Cannot Sit In Appeal Over Its Own Judgment & Reopen Concluded Issue Of Citizenship: Supreme Court
The Supreme Court recently held that a Foreigners Tribunal has no power to reopen a case by sitting in appeal over its own concluded judgment.The Court set aside an order of the Foreigners Tribunal which reopened an inquiry into the citizenship of a person, despite its earlier judgment which held the person to be. an Indian citizen.As per brief facts, the Foreigners Tribunal passed an order...
Supreme Court Annual Digest 2024: Miscellaneous Acts
Airport Economic Regulatory Authority of India Act 2008The Supreme Court upheld the maintainability of appeals filed by Airports Economic Regulatory Authority (AERA) assailing orders of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) under the AERA Act 2008 relating to tariff imposition on certain services. Airports Economic Regulatory Authority of India v. Delhi...
Supreme Court To Recover Costs From Defence Colony RWA For Illegal Occupation Of Historic Monument For 60 Years
The Supreme Court recently directed the Department of Archaeology, Delhi to constitute a Committee within a week to initiate the process of restoration of Lodhi-era Shaikh Ali 'Gumti', a 500-year-old tomb of archaeological importance, which was under the illegal occupation of the Defence Colony Residents Welfare Association for 60 years.The Court also indicated its intention to recover the...
Know The Law | Distinction Between 'Equitable Mortgage' And 'Legal Mortgage' : Supreme Court Explains
The Supreme Court recently explained the distinction between a legal mortgage and an equitable mortgage. The Court explained that a legal mortgage (in this case, mortgage by deposit of title deeds) is created when property rights are transferred to the mortgagee (lender), granting the mortgagee an enforceable right over the property in case of default. In contrast, an equitable mortgage...
Supreme Court Imposes Costs On States & UTs For Failing To File Affidavit On Effective Implementation of Domestic Violence Act
The Supreme Court on February 18 imposed a cost of Rs.5,000 on States of Andhra Pradesh, Arunachal Pradesh, Himachal Pradesh, Madhya Pradesh, Maharashtra, Meghalaya, Odisha, Telangana, West Bengal, Assam and the Union Territories of Dadra and Nagar Haveli, Daman and Diu, Jammu and Kashmir, Ladakh, Lakshadweep for failing to file a status report on the effective implementation of the Protection...
Why 4.5 Years To Frame Rules? Supreme Court Questions Delay In Implementing 2020 Code On Rights Of Gig Workers
The Supreme Court recently directed the Union to file an affidavit indicating the timeline in which the rules/scheme relevant to give effect to provisions of Chapter IX of the Code on Social Security, 2020, will be framed and given effect to. Chapter IX of the 2020 Code is specifically dedicated to rights and social security for unorganised workers, gig workers and platform workers. The...
Supreme Court Seeks Reports From High Courts On Pendency Of Criminal Appeals
The Supreme Court recently directed all High Courts to submit detailed reports on the pendency of criminal appeals, seeking comprehensive data on cases pending before Single Judges and Division Benches, including a bifurcation based on the bail status of the accused.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan passed this order in a suo moto petition on policy strategy for grant of...
Supreme Court Asks CBI To Probe How Man Travelled To USA Despite Depositing Passport With Court
The Supreme Court today(February 21) directed the Central Bureau of Investigation (CBI) to investigate how a man, facing contempt proceedings, managed to escape to the USA despite his Indian passport being deposited with the Court.The issue arose out of a child custody battle between a husband and a wife, and contempt proceedings were initiated against the man after he failed to bring the...
