Supreme Court Archives

Can employee claim Death-cum-Retirement Gratuity where a criminal appeal in corruption case is pending against him and sentence is suspended? SC answers

Supreme Court: In an interesting case where the Division Bench of Sanjay Kishan Kaul* and M.M. Sundresh, JJ., was to answer whether

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Mere differential treatment cannot on its own be termed as an “anathema to Article 14 of the Constitution”: SC

Supreme Court: The bench of Sanjay Kishan Kaul and MM Sundresh*, JJ has held that when there is a reasonable basis for

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Interference with Government Tenders makes the State and its citizens suffer twice. Courts should refrain from staying Government tenders even in case of total arbitrariness: SC

Supreme Court: Explaining the scope of interference in matters relating to Government contracts and tenders, the bench of Hemant Gupta* and V.

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“State cannot hide behind delay & laches to evade it’s responsibility after acquiring land. There cannot be a ‘limitation’ to doing justice”, holds SC; Land Owners get compensated after decades

Supreme Court: In a case where the bench of S. Ravindra Bhat* and PS Narsimha, JJ was posed with the question as

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Amalgamation does not necessarily nullify tax assessment as only the outer shell of the amalgamating company gets destroyed but the business and the adventure lives on: SC

It is essential to look beyond the mere concept of destruction of corporate entity which brings to an end or terminates any assessment proceedings.

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SC allows Tamil Nadu to grant 50% reservation for in-service doctors in Super Specialty Medical Courses

Supreme Court: In the issue relating to the reservation of 50% Super Specialty seats for in-service candidates in Government Medical Colleges in

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Acquitted in the criminal case but employer still going ahead with the disciplinary proceeding? Read the law laid down by Supreme Court

“The purpose of a disciplinary proceeding by an employer is to enquire into an allegation of misconduct by an employee which results in a violation of the service rules governing the relationship of employment.”

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Explained| Can Commissioner suspend or initiate departmental proceedings against an Additional Municipal Commissioner under Maharashtra Municipal Corporations Act, 1949?

“A legislative intent cannot be to leave an employee scot-free though he has indulged into serious misconduct.”

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Caste can be the starting point for providing internal reservation but not the sole basis: Supreme Court

Supreme Court: In a case relating to reservation of seats in Educational Institutions, the bench of L. Nageswara Rao* and BR Gavai,

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Whether confiscation by Custom & Excise Authority forfeits the claim of Secured Creditor over such property? Whether the dues of Excise department create a First Charge? SC answers

Supreme Court: The Division Bench of L. Nageswara Rao and Vineet Saran*, JJ., quashed the confiscation order of Customs and Central Excise

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“Land owner cannot be deprived of the use of the land for years together”; SC sets aside Bombay HC’s direction to acquire a land almost 20 years after finalisation of development plan

Supreme Court: In a case where the Development Plan was finalized in the year 2002, but the same was never implemented nor

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Refusal to continue to execute a contract unless reciprocal promises are performed by the other party is not abandonment of contract: SC

Supreme Court: Explaining the law on abandonment on contractual obligation, the bench of Hemant Gupta and V. Ramasubramanian*, JJ has held that

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Declaration under the Income Declaration Scheme cannot lead to non-declarant’s immunity from taxation: SC

Supreme Court: The bench of UU Lalit and S. Ravindra Bhat*, JJ has held that the declaration under the Income Declaration Scheme

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Can step-children claim property right in mother’s mehar after her death? Does a registered mehar deed become unenforceable for being nominal? SC answers

Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai*, JJ., upheld the impugned judgment of the High Court wherein

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Does the Contract Labour (Regulation & Abolition) Act, 1970 eclipse the Industrial Disputes (Rajasthan Amendment) Act, 1958? SC refuses to decide the issue as the first Court

Supreme Court: In the case where it was argued before the Court that the Industrial Disputes (Rajasthan Amendment) Act, 1958 which received

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[Bomikhal Flyover Collapse] Is permanent debarment of guilty contractor too harsh? What makes an order a pre-determined one? Supreme Court answers

Supreme Court: The Division Bench comprising of M. R. Shah* and B.V. Nagarathna, JJ., held that if a tentative decision is taken

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Can employees appointed for fixed period in temporary unit be absorbed/regularised by creating supernumerary posts? SC answers

Supreme Court: In the case where the Gujarat High Court had ordered the absorption of persons employed in a temporary unit, by

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Consent award cannot be the basis to determine compensation in other acquisition, especially, when there are other evidences on record: SC

Supreme Court: The bench of MR Shah* and BV Nagarathna , JJ has held that a consent award cannot be the basis

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HC spends 9 months on deciding appeal from an ‘unappealable’ adjournment order. SC imposes Rs. 5 Lakhs exemplary cost on litigant for wasting ‘precious judicial time’

Supreme Court: In a trade mark infringement case where interlocutory injunction was sought during the pendency of the suit, the bench of

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All India Bar Exams| From 1/4th negative marking to limiting the validity of Bar exam for three years; SC issues notice to BCI to respond to suggestions

“The right to practice a profession, also being a fundamental right, a balance has to be maintained between the same and the requirement to monitor the legal profession for its better ethics.”