Supreme Court dismisses CBI’s Review Petition challenging P Chidambaram bail in INX Media Case HELD The investigating agency argued that the findings of the Court dealing with influencing witnesses in the case “are contrary to record which is required to be corrected”.
Supreme Court dismisses CBI’s Review Petition challenging P Chidambaram bail in INX Media Case The investigating agency argued that the findings of the Court dealing with influencing witnesses in the…
Who is liable to pay outstanding statutory electricity dues after auction-sale of property? Supreme Court answers. HELD “That electricity dues, where they are statutory in character under the Electricity Act and as per the terms & conditions of supply, cannot be waived in view of the provisions of the Act itself more specifically Section 56 of the Electricity Act, 2003 (in pari materia with Section 24 of the Electricity Act, 1910), and cannot partake the character of dues of purely contractual nature.”
Who is liable to pay outstanding statutory electricity dues after auction-sale of property? Supreme Court answers Shruti Mahajan Jun 3, 2020, 12:27 PM IST The Supreme Court has reiterated that statutory…
IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS HELD No fare either by train or by bus shall be charged from any migrant workers – Railway fare shall be shared by the States as per their arrangement as submitted by the learned Solicitor General and in no case any fare should be asked or charged from any migrant workers by the States and the Railways & other interim directions issued.
SUPREME COURT OF INDIA FULL BENCH IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS ( Before : Ashok Bhushan, Sanjay Kishan Kaul and M.R. Shah, JJ. ) (IA…
ACQUITTAL ::: Penal Code, 1860 (IPC) – Sections 34, 394, 460 and 302 – Madhya Pradesh Dakaiti Avam Vyapharan Adhiniyam, 1981 – Sections 11 and 13 – Criminal Procedure Code, 1973 (CrPC) – Section 313 – Evidence Act, 1872 – Sections 27 and 114 -Penal Code, 1860 (IPC) – Sections 34 – Common intention – Prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of minds of all the accused persons to commit the offence for which they are charged with the aid of Section 34, be it pre-arranged or on the spur of the moment; but it must necessarily be before the commission of the crime.
SUPREME COURT OF INDIA DIVISION BENCH SONU @ SUNIL — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. )…
Bihar Service Code – Rule 73 – Compulsory retirement – Rule 73 of the Bihar Service Code does not prescribe any length of service as criteria for retirement. The prescribed age of retirement for employees of the category to which the Appellant belonged was 58 years, later increased to 60 years. The decision of the respondents to retire the Appellant before he attained the age of 60 years as per his actual date of birth. Matter referred to CJI as difference of opinion..
SUPREME COURT OF INDIA DIVISION BENCH GOPAL PRASAD — Appellant Vs. BIHAR SCHOOL EXAMINATION BOARD AND OTHERS — Respondent ( Before : Indira Banerjee and Ajay Rastogi, JJ. )…
Conduct, Discipline and Appeal Rules, 1978 – Rule 34.3 – Payment of gratuity – Employer has a right to withhold gratuity during pendency of the disciplinary proceedings. HELD termination’ and ‘dismissal’ are held to be synonymous but the difference between ‘termination’ and ‘dismissal’ is that dismissal could be on account of misconduct with loss of future employment involving dishonesty or criminality and penal in character but that is not in the case of termination – The “termination” as per Black’s Law Dictionary is the complete severance of relationship of employer and employee which in the instant case could be saved during pendency of the disciplinary proceedings
SUPREME COURT OF INDIA FULL BENCH CHAIRMAN-CUM-MANAGING DIRECTOR, MAHANADI COALFIELDS LIMITED — Appellant Vs. SRI RABINDRANATH CHOUBEY — Respondent ( Before : Arun Mishra, M.R. Shah and Ajay Rastogi,…
Employee Can Be Dismissed In Disciplinary Inquiry Completed After Retirement If Rules Permit It: SC Holds By 2:1 Majority
Employee Can Be Dismissed In Disciplinary Inquiry Completed After Retirement If Rules Permit It: SC Holds By 2:1 Majority Ashok Kini 28 May 2020 10:26 AM The Supreme Court [2:1]…
Partnership Act, 1932 – Sections 37 and 48 – Distinction between ‘retirement of a partner’ and ‘dissolution of a partnership firm’ – On retirement of the partner, the reconstituted firm continues and the retiring partner is to be paid his dues in terms of Section 37 of the Partnership Act. In case of dissolution, accounts have to be settled and distributed as per the mode prescribed in Section 48 of the Partnership Act.
SUPREME COURT OF INDIA FULL BENCH GURU NANAK INDUSTRIES, FARIDABAD AND ANOTHER — Appellant Vs. AMAR SINGH (DEAD) THROUGH LRS — Respondent ( Before : N.V. Ramana, Sanjiv Khanna and…
Criminal Procedure Code, 1973 (CrPC) – Section 157 – Delay in compliance of Section 157 of the Code cannot, in itself, be a good ground to acquit. HELD Albeit, this fact has to be considered when we examine the credibility of the version of the eye-witnesses
SUPREME COURT OF INDIA FULL BENCH OMBIR SINGH — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Sanjiv…
Constitution of India, 1950 – Article 32 – Writ Petition – Conducting “single counselling” for filling up seats in the Post Graduate Medical Courses leading to Degrees and Diplomas and the seats in DNB (Diplomate of National Board) Courses. Admission is now at an advanced stage – HELD This Court do not deem it appropriate to pass any direction for the present year. However, going by the assertions made in the response filed by the Medical Council of India, we may observe that a common counselling or single online counselling in the coming years would definitely take care of any similar grievance.
SUPREME COURT OF INDIA DIVISION BENCH ALAPATI JYOTSNA AND OTHERS — Appellant Vs. UNION OF INDIA & OTHERS — Respondent ( Before : Uday Umesh Lalit and Dinesh Maheshwari,…







