Misuse of S. 111 BNS | SC stays arrest of YSR Congress Party’s social media head for 2 weeks
The petitioner alleged that S. 111 of Nyaya Samhita, 2023 is being misused as a tool to stifle the voice of the opposition party.
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This column will list all the case briefs on the decisions of the Supreme Court
SC denies retrospective promotion and notional benefits to superannuated employee under Rule 54(1)(a) of WB Service Rules
“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.”
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Sale certificate to auction purchaser is mere evidence of title & does not require registration under S. 17(1) of Registration Act: SC reiterates
“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.”
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Refusal to marry in a relationship does not amount to criminal liability for abetment of suicide: Supreme Court
“To convict a person for abetment of suicide under Section 306 IPC, there has to be a clear mens rea on the part of the accused to abet such a crime and it requires an active act or a direct act leading to the commission of suicide.
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Supreme Court upholds land acquisition for Yamuna Expressway; Justifies Invocation of Urgency Clause
Supreme Court directed that a 64.7% enhancement in compensation would apply in rem, ensuring that uniform benefits would be provided to all affected landowners under the present land acquisition process.
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Can’t deny benefit of ‘experience mark’ to former outsourced employee merely because they weren’t appointed on sanctioned post: SC
“The true thrust of every selection process ought to be to find out and select suitable candidates, having experience in the related work and fulfilling other criteria, from among eligible candidates and to go ahead with appointing the more meritorious of those found suitable”.
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Conversion to derive reservation benefit without actual belief in other religion can’t be permitted: SC
In the instant case, the Court rejected the appellant’s contention that caste would be under eclipse upon conversion and will resume upon reconversion.
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[S. 14 HSA] ‘Right to maintenance’ is sufficient for ripening possession into full ownership if property is given in lieu of maintenance: SC reiterates
“Hindu Women’s right to maintenance is not by virtue of any statute, but is found in Shastric Hindu law; maintenance has to be proper, appropriate and adequate, giving the woman so maintained the ability to continue to live the life, similar to what she once lived.”
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Court must be mindful of the danger of attributing criminal intent to an otherwise disturbed civil relationship: SC
The Court further observed that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence.
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Land allocation at basic rates to privileged groups is ‘capricious’ and ‘irrational’; SC strikes down land allotment policy favoring Judges, MPs, MLAs, and Journalists in Hyderabad
“Government servants, elected legislators, Judges in the Supreme Court and High Court, and prominent journalists do not belong to the “weaker” or per se deserving sections of our society, warranting special State reservations to land allotment.”
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[Illegal felling of trees] Supreme Court calls for census of existing trees in Taj Trapezium Zone
The Supreme Court also emphasized that there needs to be a mechanism for keeping a vigil to ensure that there is no unauthorised felling of trees.
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SC dismisses petitions challenging insertion of “socialist” and “secular” in the Preamble via 42nd Constitutional Amendment
The Court said that addition of ‘socialist’ and ‘secular’ to the Preamble have not restricted or impeded legislations or policies pursued by elected governments and the constitutional position remains unambiguous, negating the need for a detailed academic pronouncement.
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“Criticising Judicial Officer should be avoided”; SC directs expunging of adverse remarks made against an ASJ in a Delhi HC judgment
The Court strictly pointed out that the High Court could not have used a judgment on the judicial side to advise individual Judicial Officers. That can only be done on the administrative side in an appropriate case.
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Explained | SC decision on availability of CENVAT Credit to MSPs for erection of mobile towers and PFBs
The High Courts of Bombay and Delhi had rendered two opposing verdicts on the issue. One view favoured the Revenue while the other one was in favour of the Mobile Service Providers.
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Read why Supreme Court dismissed NOIDA Special Economic Zone Authority’s appeal for claim of Rs. 6 Crore against corporate debtor
The claims pertaining to the transfer fees, etc., cannot be dealt with by courts or tribunals as the same relates to the commercial wisdom of the Committee of Creditors for they are the best persons to determine their interests, and any such interference is non-justiciable except as provided by Section 30(2) of IBC 2016.
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No disciplinary action can be taken post-retirement or after extended service period of delinquent employee: Supreme Court
“Where the disciplinary proceeding itself is without jurisdiction, upholding the same on the specious plea that it was not challenged on the ground of lack of jurisdiction would be tantamount to giving imprimatur to a patently illegal proceeding”
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“Wife entitled to maintain matrimonial home lifestyle during pendency of divorce petition”; SC directs husband to pay Rs.1,75,000 monthly interim maintenance
The wife claimed that she has a M.Sc. degree in Clothing and Textile but was forced to leave her job as her husband was against her working.
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Recording of evidence is mandatory in disciplinary proceedings involving major punishment: Supreme Court reiterates
Supreme Court said that the High Court fell into grave error of law while interfering in the well-reasoned judgment rendered by the Tribunal whereby, the Tribunal had quashed the order imposing penalty upon the appellant.
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Computation of royalty a Policy matter, but Court can’t ignore prima-facie anomaly in the computation mechanism: SC
Even though the Court declined to declare Explanations to Rule 38 of MCR, 2016 and Rule 45(8)(a) of MCDR, 2017 as unconstitutional, it took strict note of the anomaly in the provisions vis-a-vis computation of royalty to be levied for the extraction or consumption of mined ores and gave the Respondents one last chance to resolve the issue.
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SC warns Punjab & Haryana against inaction on stubble burning; Directs for recovery of penalty under S. 15 of Environment Act
The compliance reports filed by the Governments of Haryana and Punjab showed that there were a large number of farm fires. The Court found reluctance on the part of both Governments to act in terms of Section 14 of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021.
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