Supreme court
Selective Regularisation Of Similarly Situated Daily Wagers In Same Establishment Violates Equity : Supreme Court
The Supreme Court recently ruled against the selective regularization of similarly situated employees. It held that daily wage employees engaged in perennial work cannot be discriminated against by denying them regularization while extending the benefit to other similarly situated workers on vacant posts. The bench comprising Justices Vikram Nath and Sandeep Mehta heard the case where the appellants- five Class-IV employees and a Driver- had been continuously working with the...
Supreme Court Criticises High Court For Asking Why Accused Was Not Arrested Instead Of Deciding Anticipatory Bail Plea
The Supreme Court yesterday granted anticipatory bail to a man facing corruption charges while criticising the Punjab and Haryana High Court for passing a “cryptic and unusual” order in the matter.A bench of Justice JB Pardiwala and Justice Sandeep Mehta criticised the High Court for seeking an explanation from the police for not arresting the man, instead of treating the non-arrest as a factor supporting the anticipatory bail plea.“we do not approve the manner in which the High Court has dealt...
'Witness Protection Scheme Not Substitute For Bail Cancellation' : Supreme Court Deprecates Allahabad High Court's 'Cyclostyled' Orders
The Supreme Court strongly criticised the Allahabad High Court for issuing cyclostyled template orders in bail cancellation matters, where, instead of examining allegations that the accused had threatened witnesses, the High Court directed complainants to seek recourse under the Witness Protection Scheme. The bench of Justice JB Pardiwala and Justice Sandeep Mehta noted that in the last year alone, it had come across forty such orders of the High Court where, instead of deciding applications...
Motor Accident Claims | If Claimant Doesn't Produce Income Proof, Insurer Must Furnish Applicable Minimum Wages Notification : Supreme Court
The Supreme Court recently increased the compensation awarded to a minor, who sustained permanent disability in a road accident, from ₹8.65 lakh to ₹35.90 lakhs, holding that a minor cannot be classified as a non-earning individual for determining income. Instead, the Court ruled that the minor's income should be treated as equivalent to the minimum wage for a skilled worker notified in...
Supreme Court Takes Suo Motu Case On Lack Of CCTV Cameras In Police Stations
The Supreme Court on Thursday (September 4) registered a suo motu case on the lack of functional CCTV cameras in police stations across the country. A bench comprising Justice Vikram Nath and Justice Sandeep Mehta took the suo motu action based on a report published by Dainik Bhaskar. As per the report, around 11 people have died in police custody in the last seven to eight months this...
S.100 CPC | High Court Must Assign Reasons For Framing Additional Question Of Law In Second Appeals : Supreme Court Lays Down Principles
The Supreme Court on Wednesday (Sep.3) observed that it is mandatory for the High Courts to record reasons while framing an additional question of law which was not originally raised in a second appeal in a civil case.Proviso to Section 100(5) CPC grants power to the High Courts to frame an additional question of law, but this power cannot be routinely exercised, but only in...
Anticipatory Bail Is Permissible Under SC/ST Act Only If Prima Facie Offence Isn't Made Out : Supreme Court
The Supreme Court observed that a grant of anticipatory bail is impermissible under the SC/ST Act unless is prima facie shown that no offence under the Act is made out."where on the face of it the offence under Section 3 of the Act is found to have not been made out and that the accusations relating to the commission of such offence are devoid of prima facie merits, the Court has a room...
S. 37(1)(a) Arbitration Act | Clause Restricting Interest On Delayed Payments By Itself Won't Bar Pendente Lite Interest : Supreme Court
The Supreme Court on Tuesday (Sep.2) observed that an Arbitral Tribunal can grant pendente lite interest unless expressly or impliedly barred in the contract. It added that a contractual clause barring interest on delayed payments does not prevent an arbitral tribunal from awarding pendente lite interest, i.e., the interest for the period during which the arbitration is...
Arbitration | Delivery Of Award To Govt Official Not Connected With Case Doesn't Amount To Valid Service On State : Supreme Court
The Supreme Court has clarified that when the government or one of its departments is a party to arbitration, delivery of an arbitral award to an official who is not connected with or aware of the proceedings cannot be treated as valid service for commencing the limitation period to challenge the award. Citing its ruling of Union of India vs. Tecco Trichy Engineers & Contractors (2005),...
Company Law | NCLT Can Examine Allegations Of Fraud & Validity Of Documents In Oppression & Mismanagement Cases : Supreme Court
The Supreme Court on Tuesday (Sep.2) observed that the National Company Law Tribunal (“NCLT”) has jurisdiction to examine allegations of fraud and validity of documents in oppression and mismanagement cases. The Court said that when “a member who holds the majority of shares in a company is reduced to the position of minority shareholder in the company by an act of the company or by...
Conviction Under S.138 NI Act Can't Be Sustained After Complainant & Accused Enter Into Settlement : Supreme Court
The Supreme Court has held once a complainant signs a compromise deed acknowledging receipt of the full settlement amount, the conviction under Section 138 of the Negotiable Instruments Act cannot be sustained.The Court set aside an order of the High Court which dismissed an application filed by the accused seeking alteration of his conviction based on the settlement arrived at with...
