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November 2024 saw significant developments in the Supreme Court, with the elevation of Justice Sanjiv Khanna as the 51st Chief Justice of India; and landmark rulings on material resources of the community and minority status of AMU.
“But, when the fact of receipt of payment or an agreement to receive the gratification stands proved, there is a clear case of nexus or corroboration and the presumption itself is irrelevant. Section 20 gets attracted when it is proved that the public servant has accepted or agreed to accept any gratification other than legal remuneration and, in that case, presumption is that it is the motive or reward for any of the acts covered under Section 7, 11 or 13(1)(b) of the Act.”
Supreme Court emphasized that while peaceful protests are a fundamental right in a democracy, there must be a sense of responsibility when engaging in such protests.
“Promotion only becomes effective upon the assumption of duties on the promotional post and not on the date of occurrence of the vacancy or the date of recommendation.”
“Mere filing under Section 89(4) of the Registration Act itself is sufficient when a copy of the sale certificate is forwarded by the authorised officer to the registering authority. As long as the sale certificate remains as it is, it is not compulsorily registrable. It is only when the auction purchaser uses the certificate for some other purpose that the requirement of payment of stamp duty, etc. would arise.”
The Court noted that the provisions regarding social audit under the Municipal Corporation Act, 1956, should be invoked cautiously to customize schemes effectively.
‘The Banking Ombudsman overlooked the key aspects of the matter and completely misdirected itself in law.’
“Rule 12 of the Rules of Legal Education, 2008 shows that for a student who fails to attend 70% of the classes held in any subject, the Dean or the Principal may allow the student to take the Test, if the student concerned attended at least 65% of the classes held in the subject concerned, and attended 70% of classes on all subjects taken together.”
It is not the petitioner’s case that he was not supplied with the grounds of arrest at the time of the arrest and prior to the remand being sought. The remand application was detailed, and contained, effectively the same set of facts as were stated in the grounds of arrest.
SRMUH LAW REVIEW (SRMLR) is the journal of the Faculty of Law at SRM University Delhi-NCR Sonepat.
Read about the significant family law matters heard and decided by the Supreme Court and High Courts in November 2024
