SC Judgments
You Are Not Exactly Selling “Amrit”!: Supreme Court To Parties Supporting Madras HC Order Quashing Ban On Chewing Tobacco
“You are not exactly selling "Amrit"!”, the Supreme Court of India observed while hearing the challenge against the Madras High Court order which quashed the ban imposed by the Tamil Nadu government against gutka, pan masala, chewing tobacco and the like. The comment was made by a Bench of Justices KM Joseph and B V Nagarathna, pointing to the Respondents who appeared in...
'We Can't Go Into Suitability' : Supreme Court Gives Reasons For Dismissing Petitions Challenging Justice Victoria Gowri's Appointment
The Supreme Court on Friday pronounced the reasons for the dismissal of the two petitions filed by advocates from the Madras High Court challenging the appointment of Justice Victoria Gowri as an additional judge of the Madras High Court.Justice Sanjiv Khanna, while pronouncing the order on Friday, said, "We have passed a short order. We have followed the constitutional bench judgment and said...
Regularisation Can't Be Claimed If Appointment Was Not By A Competent Authority & There's No Sanctioned Post : Supreme Court
The Supreme Court has reiterated that to seek regularisation, a daily rated employee must have been initially appointed by a competent authority and there must be a sanctioned post on which he must be working.The bench comprising Justices Ravindra Bhat and Sudhanshu Dhulia was hearing a Civil Appeal arising out of a Special Leave Petition filed against the order of the division bench of the...
Insurance Coverage For Accidental Death - Proximate Cause Necessary; Supreme Court Denies Claim For Sun Stroke Death During Election Duty
The Supreme Court has held that the death occurring due to sun-stroke during election duty will not come within the scope of the clause "death only resulting solely and directly from accident caused by external violent and any other visible means" in the insurance policy.In the year 2000, the National Insurance Company had entered into an MoU with the Chief Electoral Officer of Bihar to...
Section 138 NI Act | Conviction Cannot Be Confirmed Overriding Agreement Between Parties To Compound The Offence : Supreme Court
The Supreme Court recently set aside an order of the Telangana High Court which confirmed the conviction in a cheque dishonour case overriding the agreement between the parties to compound the offence.A bench comprising Justices Krishna Murari and V Ramasubramanian held that when parties to a litigation proceeding have entered into an agreement to compound a compoundable offence, High...
Sec 482 CrPC | Pendency Of Suit Concealed, Cloak Of Criminal Offence Given To Civil Dispute : Supreme Court Quashes Criminal Proceedings
The Supreme Court has held that criminal proceedings can be quashed in exercise of powers under Section 482 CrPC when it is found that the attempt was to give a "cloak of criminal offence" to a dispute which is essentially of civil nature.The Court quashed the criminal proceedings after noting that the application filed under Section 156(3), Cr.P.C did not satisfy the essential ingredients...
'Premature For High Court To Opine On Tax Evasion' : Supreme Court Sets Aside HC Order Which Quashed Notice Under Section 130 CGST Act
Observing that it was "premature" on the part of the High Court to quash a show-cause notice issued under Section 130 of the Central Goods and Service Tax Act by invoking Article 226 jurisdiction, the Supreme Court recently set aside an order passed by the Punjab and Haryana High Court.The Supreme Court noted that there were allegations about evasion of tax and hence it was premature on the...
Land Cannot Be Kept Under Temporary Acquisition For Years, It Violates Right To Property Under Article 300A : Supreme Court
The Supreme Court bench comprising Justices MR Shah and MM Sundresh have held that, “to continue with the temporary acquisition for number of years would be arbitrary and can be said to be infringing the right to use the property guaranteed under Article 300A of the Constitution of India. Even to continue with the temporary acquisition for a longer period can be said to be...
Joining Disciplined Force After Suppressing Criminal Cases A Grave Misconduct : Supreme Court Approves Removal Of CISF Personnel
Observing that entering the service of a disciplined force like CISF by suppressing criminal cases is a "gross misconduct", the Supreme Court approved the dismissal of a personnel.The bench comprising of Justices Ajay Rastogi and Bela M. Trivedi held that the power of judicial review exercised by a Court or a Tribunal against the orders of a departmental enquiry committee is only limited...
A Person Cannot Be Deemed To Be In Service When First Dismissal Order Is In Force: Supreme Court
The Supreme Court Bench comprising Justices Krishna Murari and Bela M Trivedi has held that when the first dismissal order against a person in service is in force, irrespective of all pending litigations or his age of superannuation, he cannot be deemed to be continuing in service. Factual background of the Civil Appeal including its Judicial HistoryThe brief facts of the appeal goes that...
Difference In Pay-scale Based On Academic Qualifications Valid Even If Nature Of Work Is The Same : Supreme Court
The Supreme Court bench comprising Justices MR Shah and CT Ravi Kumar have held that academic qualifications are a valid criteria to differentiate pay scale for different employees even when the nature of the work undertaken by them is more or less the same. Issue posed before the Top CourtThe issue before the top court was, "Whether in a case where the educational qualifications for the post...
Sec 24(2) RFCTLARR Act - Benefit Of Lapse Not Available If Delay In Taking Possession Was Due To Pending Litigation: Supreme Court
The Supreme Court bench comprising Justices MR Shah and CT Ravi Kumar has held that delay in taking possession of land because of a pending litigation does not entitle the original owner of the land the benefit of lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Facts of the Civil Appeal with its...