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EPF Pension Case : 2014 Amendment Not Whimsical, Classification Based On Salary Reasonable - Reasons Cited By Supreme Court
In a significant judgment impacting lakhs of workers across the country, the Supreme Court on Friday upheld the Employees' Pension (Amendment) Scheme 2014, which, among other things, capped the maximum salary for joining the EPF Pension Scheme as Rs 15,000 per month with effect from September 1, 2014. However, the Court has allowed an additional window of four months period for those who...
"You Have To Fill The Seats" : Supreme Court Takes 'Serious View' Of AIIMS Decision To Cancel INI-CET Admission Rounds
In a plea challenging the decision of AIIMS, New Delhi to cancel the open and on-spot rounds for INI-CET (Institute of National Importance Combined Entrance Test) July 2022 session, the Supreme Court expressed disappointment to see that seats in premier medical colleges in the country are not filled up. The petition claims that the impugned decision came as a surprise to the...
Supreme Court Issues Notice On Challenge To ESIC Decision To Extend ESI Benefits To Workers Engaged At Construction Sites
The Supreme Court on Friday issued notice in a plea moved by Tata Projects challenging the Employees' State Insurance Corporation's decision to extend the benefits of the Employees State Insurance Act, 1949 to the employees engaged by building / construction agencies at the 'construction site'. Before issuing notice in the case, a Bench of Justices Dinesh Maheshwari and Sudhanshu...
'Judicial Officer Should Have Been More Careful': Supreme Court Dismisses Appeal Against Dismissal Of Trial Judge For Misconduct
The Supreme Court on Friday refused to entertain an appeal filed against an order of the Jammu and Kashmir High Court which refused to quash the termination of a judicial officer. The matter was heard by a bench comprising Chief Justice UU Lalit and Justice Bela M Trivedi. The petitioner, who was serving as Munsiff Pulwama in Kashmir Division, was removed from the judicial service by the...
State Failed To Maintain Law & Order During 1992-93 Bombay Riots; Victims Must Be Compensated : Supreme Court
Almost thirty years after the communal riots which rocked Bombay in 1992-93 after the demolition of Babri Masjid, the Supreme Court on Friday issued a slew of directions for payment of compensation to the families of victims and for revival of criminal cases which are lying dormant.The Court observed that there was a failure on the part of the State Government to maintain law and order and...
Supreme Court Quarterly Digest on IBC [July - September, 2022]
Insolvency and Bankruptcy Code 2016 - There can be no dispute with the proposition that the period of limitation for making an application under Section 7 or 9 of the IBC is three years from the date of accrual of the right to sue, that is, the date of default. (Para 56) Kotak Mahindra Bank Limited v. Kew Precision Parts Pvt. Ltd., 2022 LiveLaw (SC) 673 Insolvency and Bankruptcy...
Supreme Court Disapproves High Courts' Practice Of Calling For Answer Scripts For Ordering Revaluation
The Supreme Court disapproved the practice of High Courts of calling for the answer scripts/sheets to order revaluation.The bench of Justices MR Shah and MM Sundresh reiterated that re-evaluation cannot be ordered if the regulations does not provide for the same. Sympathy or compassion does not play any role in the matter of directing or not directing re-evaluation of an answer sheet, the...
Solitary Confinement For About Ten Years Illegal : Supreme Court Commutes Death Sentence Of Ex Cop Accused Of Rape & Murder Of A Housewife
The Supreme Court commuted death sentence of a murder accused taking into account his illegal solitary confinement for about ten years.BA Umesh alias Umesh Reddy, an ex-cop, was sentenced to death in a rape and murder case by a Sessions Court in Bengaluru upon being convicted in the year 2006. He was found guilty of rape and murder of a house wife. Later, the Supreme Court upheld the...
Borrower Cannot Claim Extension Of Time Period Under OTS Scheme As A Matter Of Right : Supreme Court
The Supreme Court observed that a borrower cannot claim extension of time period under One Time Settlement Scheme as a matter of right.The bench of Justices MR Shah and Krishna Murari observed said that a High Court cannot invoke writ jurisdiction to extend the time period under the OTS scheme. Directing the Bank to reschedule the payment under OTS would tantamount to modification ...
TRS MLAs Poaching Case : Supreme Court Issues Notice To Telangana Govt On Plea Of Accused Against Arrest
The Supreme on Friday issued notice on the petition filed by three persons who were directed by the Telangana High Court to surrender before police in relation to the alleged TRS MLAs poaching case. A bench comprising of Justices B. R. Gavai and B. V. Nagarathna sought response from the State of Telangana on the plea filed by Ramachandra Bharti, Kore Nandu Kumar and D. P. S. K. V. N....
Supreme Court Seeks J&K Response To Plea Which Alleges That Detainees Are Being Shifted To Prisons In Other States
The Supreme Court on Friday issued notice to the Union Territory of Jammu and Kashmir and Ladakh in a plea stating that certain detenues detained under the provisions of Jammu and Kashmir Public Safety Act, 1978 had been shifted from local district and central jails within Jammu and Kashmir to prisons in other States of the country. The matter was heard by a bench comprising CJI UU Lalit...