Supreme Court of India Judgements

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Category: Sexual Harassment of Women at Workplace

Sexual Harassment of Women at Workplace

Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 – Section 5 – Notification of District Officer – Direction to all the States/UTs to notify and appoint the District Officers – Treating Section 5 as directory, would leave a gaping hole in the otherwise clearly delineated workflow and redressal mechanism, and the efficacy of this legislation, as a result, falls flat – Directions by SCOI to ensure the effective implementation of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and render it workable:

Oct 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INITIATIVES FOR INCLUSION FOUNDATION AND ANOTHER — Appellant UNION OF INDIA AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta,…

Constitution Sexual Harassment of Women at Workplace

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – It shall be ensured that necessary information regarding the constitution and composition of the ICCs/LCs/ICs, details of the e-mail IDs and contact numbers of the designated person(s), the procedure prescribed for submitting an online complaint, as also the relevant rules, regulations and internal policies are made readily available on the website of the concerned Authority/Functionary/ Organisation/Institution/Body

May 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AURELIANO FERNANDES — Appellant Vs. STATE OF GOA AND OTHERS — Respondent ( Before : A.S. Bopanna and Hima Kohli, JJ. ) Civil Appeal…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw