Month: February 2021

Service Matters

Appointment – Members of the teaching faculty of the University be it Lecturer or Assistant Professor are entrusted with teaching, which is to be imparted according to academic calendar – It is in the interest of the University that all doubts regarding appointment of teachers are raised within a period of three months to have an early decision by Chancellor to give quietus to the disputes in the University.

(2021) 2 SCALE 227 SUPREME COURT OF INDIA FULL BENCH POORAN CHAND — Appellant Vs. CHANCELLOR AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R.…

Constitution of India, 1950 – Article 137 – Review petition – Rejection of Miscellaneous Application seeking recall of a judgment cannot be precluded from filing the present review petition – Rectification of an order emanates from the fundamental principles that justice is above all

SUPREME COURT OF INDIA DIVISION BENCH RAJENDRA KHARE — Appellant Vs. SWAATI NIRKHI AND OTHERS — Respondent ( Before : Ashok Bhushan and Indu Malhotra, JJ. ) Review Petition (Crl.)…

Anticipatory bail – Appeal against – except to observe, that the impugned order, to say the least, is perverse; and also because no prejudice should be caused to accused and affect the trial against him – Judgment and order set aside – Investigating Officer is free to take accused into custody – Appeal allowed.

SUPREME COURT OF INDIA FULL BENCH G.R. ANANDA BABU — Appellant Vs. THE STATE OF TAMIL NADU AND ANOTHER — Respondent ( Before : A.M. Khanwilkar, B.R. Gavai and Krishna…

Criminal Procedure Code, 1973 (CrPC) – Sections 357 and 357-A – Victim compensation – Petitioners contends that both the provisions which appear to have been relied upon in the impugned order i.e. Sections 357 and 357-A of the Criminal Procedure Code would apply only at the stage of conviction and not at the stage of grant of bail so far as payment of compensation to the victims are concerned – This Court would like to examine the issue

SUPREME COURT OF INDIA FULL BENCH DHARMESH @ DHARMENDRA @ DHAMO JAGDISHBHAI @ JAGABHAI BHAGUBHAI RATADIA AND ANOTHER — Appellant Vs. THE STATE OF GUJARAT — Respondent ( Before :…

Land Acquisition Act, 1894 – Section 4 – Acquisition proceedings – Re-notification – If land already stands acquired by Government and if the same stands vested in Government there is no question of acquisition of such a land by issuing a second notification for the Government cannot acquire its own land –

1/5 SUPREME COURT OF INDIA DIVISION BENCH ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LTD — Appellant Vs. GILLAPUKRI TEA COMPANY LIMITED AND OTHERS. ETC — Respondent ( Before : S. Abdul Nazeer…

CBI case – Considering the facts and circumstances of the case including the extent of imprisonment undergone, the condition of health of the appellant and the need for the early disposal of the appeal, an order which balances the liberty of the appellant and the interest of the administration of criminal justice, should be passed.

SUPREME COURT OF INDIA FULL BENCH SWETABH SUMAN — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION — Respondent ( Before : Dr Dhananjaya Y Chandrachud, Indira Banerjee and Sanjiv Khanna, JJ.…

You missed

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.