Supreme Court Monthly Roundup – May 2020

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COVID-19

CONSTITUTION BENCH VERDICT

Vizag Gas Leak

Article 370

Scandalous allegations against SC judges


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Bar under Order 23 Rule 3A CPC to challenge compromise decree extends to strangers as well

“The purpose of effecting a compromise between the parties is to put an end to the various disputes pending before the Court of competent jurisdiction once and for all.”

Employee can be dismissed even after attaining the age of superannuation as per the Conduct, Discipline and Appeal Rules, 1978 : SC in a 2:1 verdict

In a 2:1 verdict, the 3-judge bench of Arun Mishra, MR Shah and Ajay Rastogi, JJ has held that the disciplinary authority has powers to impose the penalty of dismissal/major penalty upon the employee even after his attaining the age of superannuation if the disciplinary proceedings were initiated while the employee was in service in view of the Conduct, Discipline and Appeal Rules.

No coercive action against Advocate Prashant Bhushan over his ‘opium’ tweet on Ramayan re-telecast

SC granted protection to activist lawyer Prashant Bhushan from any coercive action in an FIR lodged against him at Rajkot in Gujarat for allegedly hurting religious sentiments of the Hindus.

Merit, not seniority in the erstwhile cadre, basis for he inter se placement of the candidates selected to the Cadre of District Judge through LCE

If the list is to be drawn up according to merit, it is possible that the last person in the list of selectees may be the senior most and going by the Report of the Committee, if all the selectees are promoted in the same year such last person may as well be at the top of the list of promotes through LCE. In that event, the seniority shall become the governing criteria and the excellence on part of a comparatively junior candidate may recede in the background.

No weddings & events in Jaipur’s Sisodia Rani Ka Bagh after 8:00 PM; SC partially upholds NGT’s order

It would not be appropriate to permit the use of the Monument to hold various functions during the night after 8.00 P.M. The tourist timings are 8.00 A.M. to 8.00 P.M. During that time, considering the importance of the historical Monument and it is in encircled structure by wall and its potentiality there cannot be any objection for its being used for multipurpose appropriate activities. At the same time, there is in place a noise restriction, the same has to be strictly observed.

SC refuses to interfere with appointment of a ‘junior’ judicial officer as an additional judge of the Karnataka High Court

The bench took up the matter through video conferencing at 10 am, just half an hour before the scheduled swearing-in of judicial officer Padmaraj N Desai as an additional judge of the Karnataka High Court and dismissed it saying the Court cannot entertain such plea at the eleventh hour.

No contempt action against FCI: To establish ‘civil contempt’, disobedience of order should be wilful, deliberate & with full knowledge of consequences

“…to constitute civil contempt, it must be established that disobedience of the order is wilful, deliberate and with full knowledge of consequences.”


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