Appointment of Judge–Once the Government on being satisfied that a suitable candidate who was earlier appointed as an Additional Judge is suitable for appointment as a permanent Judge, the elaborate consultation has not been considered necessary–Chief Justice of High Court not required to consult collegium of High Court.
2009(1) LAW HERALD (SC) 204 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Writ Petition (Civil) No.…
Contempt–When the court either suo motu or on a motion or a reference, decides to take action and initiate proceedings for contempt, it assumes jurisdiction to punish for contempt–The exercise of jurisdiction to punish for contempt commences with the initiation of a proceeding for contempt and if the order is passed not discharging the rule issued in contempt proceedings, it would be an order or decision in exercise of its jurisdiction to punish for contempt–Against such order, appeal would be maintainable.
2009(1) LAW HERALD (SC) 197 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7317 of 2008…
Dying declaration recorded by Magistrate have greater significance over dying declaration recorded by head constable.
2009(1) LAW HERALD (SC) 192 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 162…
Service Law—Teaching Experience—Study Leave—Period of study leave cannot be counted towards teaching experience
2018(4) Law Herald (SC) 3453 : 2018 LawHerald.Org 1954 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice R. Subhash Reddy Civil AppealNos.il…
Service Law—Higher Qualification—Possession of higher qualification does not always mean that candidate has requisite prescribed lower qualification for the post Service Law—Qualification—It is no part of the role or function of judicial review to expand upon the ambit of the prescribed qualifications
2018(4) Law Herald (SC) 3443 : 2018 LawHerald.Org 1953 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice U.U. Lalit Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Civil Appeal…
Arbitrator—Appointment of—Challenge to—When an arbitrator was allegedly appointed against the terms of the agreement (arbitration clause) the provisions of 5.11(6) cannot be invoked to challenge such appointment Arbitrator—Appointment of—Amendment of 2015—General conditions of the contract cannot be taken to be the agreement between the parties so as to apply the provisions of the amended Act
2018(4) Law Herald (SC) 3433 : 2018 LawHerald.Org 1952 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal Nos. 11824-11825…
Constitution of India, 1950, Art.215 and S. 142-Inherent Powers-Recall of own order-High Court, being superior Court of record, has the jurisdiction to recall their own orders.
2018(4) Law Herald (SC) 3427 : 2018 LawHerald.Org 1951 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.F. Nariman Hon’ble Mr. Justice M.R. Shah Civil Appeal No. 11822…
Service Law—Continuous Service—Once it is established that the employee had voluntarily abandoned his service, he could not have been in “continuous service” as defined under S.2(oo) of the Act-Industrial Disputes Act, 1947, S.2(oo).
2018(4) Law Herald (SC) 3419 : 2018 LawHerald.Org 1950 IN THE SUPREME COURT OF INDIA Before , Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal…
Unauthorised Possession—To prove that the possession is legal, prima facie plaintiff has to prove that he is either the owner of such property or is in possession as a lawful tenant or is in its permissive possession with the express consent of its true owner
2018(4) Law Herald (SC) 3416: 2018 LawHerald.Org 1949 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal Nos. 11761-11762…
Service Law-Exparte Award—Industrial Courts has the jurisdiction to entertain an application for setting aside an award made after thirty days of its publication
2018(4) Law Herald (SC) 3408 : 2018 LawHerald.Org 1948 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice Indu Malhotra Civil Appeal No. 8320…