Supreme court
PC Act | Mere Recovery Of Tainted Money Not Enough For Conviction Without Proof Of Bribe Demand : Supreme Court
The Supreme Court held that the mere recovery of tainted money is insufficient to trigger the presumption of guilt under Section 20 of the Prevention of Corruption Act, 1988, unless the entire chain of events i.e., the demand, acceptance, and recovery is established. Holding thus, the bench comprising Justices Pankaj Mithal and Ahsanuddin Amanullah acquitted a public servant accused of...
AP Land Grabbing Act | Peaceful Possession Without Legal Right Still Constitutes 'Land Grabbing' : Supreme Court
In a significant ruling interpreting the scope of land grabbing under the Andhra Pradesh Land Grabbing (Prohibition) Act (“the Act”), the Supreme Court clarified that violence is not a prerequisite for an act to amount to land grabbing. The Court held that even peaceful or “non-violent” unauthorized possession of land falls within the ambit of the Act. Affirming the decision of the...
Supreme Court Seeks Centre's View On Suggestions To Improve Sex Education & Real-Time Tracking Of POCSO Cases
The Supreme Court has sought the views of the Central Government on the suggestions made by amici curiae on reforms in the sex education policy and real-time tracking and data collection of cases under the Protection of Children from Sexual Offences (POCSO) Act, 2012.A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan was considering a peculiar case - relating to the conviction of...
Describing Any Court "Lower Court" Against Constitution's Ethos; Don't Call Trial Court Record "Lower Court Record" : Supreme Court
The Supreme Court recently observed that the records of the Trial Court should not be called "Lower Court Records" as describing any Court as a Lower Court was against the ethos of the Constitution."The record of the Trial Court should not be referred to as “Lower Court Record”. Describing any Court as a “Lower Court” is against the ethos of our Constitution," observed the...
CAPFs Entitled To All Benefits Of Organised Group-A Services, Gradually Reduce Deputation Of IPS Officers To CAPFs : Supreme Court
The Supreme Court held the Central Armed Police Forces (CAPFs) must be treated as part of Organised Group-A Services (OGAS) not only for the purpose of granting Non-Functional Financial Upgradation (NFFU) but also for all cadre-related matters, including cadre review.“Now that the Central Government has accepted that CAPFs are included in OGAS, the natural consequences should follow....
After Rejection Of Objection To Impleadment, Subsequent Application To Delete Party Barred By Res Judicata : Supreme Court
The Supreme Court held that the principle of res judicata applies to impleadment proceedings under Order I Rule 10 of the CPC. This means that if a party had the opportunity to raise objections regarding their impleadment or non-impleadment at the appropriate stage but failed to do so, they cannot raise the same issue later, as it would be barred by the doctrine of constructive res...
Standard Form Employment Contracts : Supreme Court Lays Down Principles Of Interpretation
The Supreme Court recently outlined the legal principles applicable to interpreting standard form contracts often viewed as weaker contracts from the employee's perspective typically drafted unilaterally by employers (such as corporations or institutions) and offered to employees on a “take-it-or-leave-it” basis. The bench comprising Justices PS Narasimha and Joymalya Bagchi laid down...