Explained| Can dependent seek Compassionate appointment to a post higher than what was held by the deceased employee?
Appointment on compassionate ground is a concession and not a right.
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This column will list all the case briefs on the decisions of the Supreme Court
Municipal Council Delhi, whether owner or licensee of the land transferred by the Government? Supreme Court clarifies nature of the title
“…the letters dated 21-05-2008 and 08-07-2008 are interdepartmental communication and not any policy decision or circular meant for public. Thus, such interdepartmental communications are not the enforceable orders of the Union or of the Council.”
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Principles governing power of Courts to direct Retrial and Joint Trial, as laid down by Supreme Court
Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has lucidly laid down the principles governing
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Law on Specific Performance | For purpose of passing a decree of specific performance, what is essential? SC explains
Supreme Court: Stating that readiness and willingness are necessary for the purpose of passing a decree of specific performance, Division Bench of
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Environmental Watchdog | NGT could act upon a letter written to it but cannot be triggered suo motu on learning about an environmental exigency? Supreme Court Verdict
Whether the National Green Tribunal has the power to exercise Suo Motu jurisdiction in discharge of its functions under the NGT Act, 2010?
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Explained| Pre-deposit of 75% of arbitration award amount under Section 19 of the MSME Act, 2006 mandatory or discretionary?
Supreme Court: The bench of MR Shah* and AS Bopanna, JJ has held that in an appeal/application filed under Section 34 of
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Section 138 NI Act| Once settlement has been entered into, the complainant cannot pursue the original complaint: Supreme Court
The settlement agreement subsumes the original complaint.
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In absence of any settlement, Lok Adalat can’t enter into merits of writ petition and dismiss it on merits: Supreme Court
Supreme Court: In a case where the members of the Lok Adalat, Madhya Pradesh High Court had entered into the merits of
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Explained| Is Preliminary Enquiry mandatory in all corruption cases?
Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has held that a Preliminary Enquiry is
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Kashmiri migrants can’t retain Government accommodation for indefinite period after retirement: Supreme Court
The compassion shown to Kashmiri Migrants has to be balanced with the expectations of the serving officers to discharge their duties effectively.
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Not ‘honourably’ acquitted in a case? Employer can’t be compelled to give appointment: SC. [“Honourable acquittal” defined]
Supreme Court: In a case where a man, after being acquitted in a kidnapping case, had applied for the post of Constable
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“Voluntary retirement v/s Resignation”; Supreme Court cogitates technicalities of legal terms and their implication in Armed Forces
“Having tendered ‘resignation’, the respondent had to suffer the consequences and could not be permitted to take ‘U’ turn and say that what the respondent wanted was ‘premature retirement’ and not ‘resignation’.”
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Reprimand for indiscipline does not amount to abetment of suicide of a “hypersensitive” student: SC
‘Spare the rod and spoil the child’ an old saying may have lost its relevance in present days and Corporal punishment to the child is not recognised by law but that does not mean that a teacher or school authorities have to shut their eyes to any indiscipline act of a student.
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Dowry Death| Absconding mother-in-law’s alleged ‘key role’ not at par with deceased’s brother-in-law. Bail cancelled: Supreme Court
The Investigating Agency, deserves a free hand to investigate the role of the Respondent-Mother-in-law, if any, in the unnatural and untimely death of her daughter in-law.
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Explained| Can arbitrator grant pendente lite interest if contract expressly bars payment of interest?
Supreme Court: The bench of SA Nazeer* and Krishna Murari, JJ has held that if the contract contains a specific clause which
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Whether registration of family settlement not “affecting” immovable property compulsory? Supreme Court decides admissibility of such settlement as evidence
“If the Khararunama by itself, does not ‘affect’ immovable property… there would be no breach of Section 49(1)(c), as it is not being used as evidence of a transaction effecting such property.”
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Dismissal of SLP by reasoned order would not attract doctrine of merger but will be binding on all courts/tribunals in India
Supreme Court: Explaining the doctrine of merger in case of dismissal of Special Leave Petitions (SLPs), the bench of L. Nageswara Rao
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Explained| “A very strange provision”: Section 85A of the Maharashtra Tenancy and Agricultural Lands Act, 1948
Supreme Court: The bench of Hemant Gupta and V. Ramasubramanian, JJ has explained the scope of a “very strange provision” under Section
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Explained| Can, in a declaratory suit, plaintiff be subjected to DNA test against his will?
“Indian law leans towards legitimacy and frowns upon bastardy. The presumption in law of legitimacy of a child cannot be lightly repelled.”
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Is Irrigation Department a factory? Will it be governed by Industrial Disputes Act? Supreme Court analyses
“Overall activities and functions of the Irrigation Department would have to be considered while deciding the question whether it is carrying on manufacturing activities.”
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