Order Of Termination Approved By Industrial Tribunal Is Binding On Parties, Labour Court Can't Take Contrary View: Supreme Court

The Supreme Court of India recently observed that an order of termination approved by an Industrial Tribunal is binding on the parties and a Labour Court cannot take a contrary view against it. Highlighting this, a Bench of Justices MR Shah and Krishna Murari observed, "Once the order of termination was approved by the Industrial Tribunal on appreciation...

J&K Delimitation Orders Finalised, Can't Be Challenged After Gazette Notification : Centre, ECI Tell Supreme Court

The Ministry of Home Affairs, on behalf of the Union of India and the Union Territory of Jammu and Kashmir has filed a response along with the Election Commission of India before the Supreme Court opposing the pleas challenging the formation of the Delimitation Commission.The responses have been filed in the petition filed by J&K residents Haji Abdul Gani Khan and Dr. Mohammad Ayub Mattoo...

Discretion Of NCLT Under Section 7(5) IBC - Observations In 'Vidarbha Industries' Made In Context Of Case : Supreme Court Refuses Review

The apprehension that the judgment will undermine the IBC is misconceived, the Court stated while disposing of the review.

Supreme Court Directs Rupee Co-op Bank's Appeal Against Cancellation Of Its License To Be Decided By October 31

The Supreme Court recently ordered that the stay granted by the Bombay High Court against the Reserve Bank of India's order cancelling the license granted to Rupee Co-Op Bank will stand restricted till October 31, 2022.The Top Court also directed that the appellate authority under Section 22(5) of the Banking Regulation Act 1949 shall take up the appeal for final disposal on 17 October 2022...

Motor Accident Claim - Dependents Entitled To Compensation For Loss Of Income Even If They Inherited Businesses & Properties Of Deceased : Supreme Court

The Supreme Court has held that motor accident compensation need not be reduced for the sole reason that that the business ventures and properties of the deceased were bequeathed to the claimants.In this case, the Deceased was a businessman in diverse areas and also drew income from his agricultural lands and leased out real estate. At the time of his demise, he left behind a widow, two...

Plea Seeking Pre-Arrest Bail Not Money Recovery Proceedings: Supreme Court Sets Aside HC Bail Condition Of Depositing Rs 7.5 Lakhs

Opining that petitions seeking pre arrest bail are not same as money recovery proceedings petitions, the Supreme Court of India recently annulled a condition imposed by the Jharkhand High Court of depositing 7.5 Lakhs as "victim compensation" while granting pre-arrest bail.A Division Bench of Dinesh Maheshwari and Bela M Trivedi observed,"Even if we take the submissions of the learned counsel...

Satellite Mapping And Geo Fencing Required To Detect Encroachments: Supreme Court

In an order passed last week, the Supreme Court of India observed that modern technologies for Satellite mapping of lands and buildings and geo fencing are required to detect encroachments. A Bench of Justices Sanjay Kishan Kaul and Abhay Shreeniwas Oka observed, "It is necessary that the modern technologies for Satellite mapping of lands and buildings to detect encroachments...

Rule Of Law Greatly Dependent On Independence Of Judiciary : Justice BV Nagarathna

While the assurance of the courts that it will guard the playbook of democracy and keep it burning bright is important, the duty of every citizen to not be mere "consumers of good governance" but "co-creators of good governance" is more important, said Justice B V Nagarathna, judge of the Supreme Court, on Saturday. "Every citizen must not only adhere to the Fundamental Duties as enunciated...

Terms Of Invitation To Tender Are Not Open To Judicial Scrutiny Unless They Are Arbitrary, Discriminatory Or Mala Fide : Supreme Court

Observing that the terms of invitation to tender are not open to judicial scrutiny, the Supreme Court set aside a Delhi High Court's order which had quashed the Airport Authority of India's tender conditions for selecting Ground Handling Agencies(GHA) agencies at Group D Airports.A bench comprising Justices MR Shah and Krishna Murari observed that the Delhi High Court committed a "serious...

Concerns Raised About Functioning Of Collegium Cannot Be Ignored; Ensuring Representation Essential : Ex-CJI NV Ramana

Former Chief Justice of India NV Ramana on Saturday said that the concerns raised by different quarters relating to the functioning of the collegium system in India cannot be ignored."There have been various concerns raised in different quarters, including by the Government, lawyers' groups and civil society, relating to the functioning of the collegium system in India. These cannot be ignored...

Supreme Court Weekly Round-Up [September 24 to October 1]

JUDGMENTS THIS WEEK Goan Personal Law - Portugese Civil Code| Right To Property Of Highest Bidder Is Heritable And Not A Personal Right - Supreme Court A Division Bench of the Supreme Court of India observed that an heir's right to participate in licitation and claim a specific item of property, "at the appropriate stage – when owelty was to be demanded", was not merely...

Supreme Court Half Yearly Complete Criminal Digest (January – June 2022)

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer...