SC upholds Calcutta High Court’s order directing the STC, Calcutta to release employee’s pension
The Court said that for any fault on the part of the employer, the employees cannot be made to suffer.
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This column will list all the case briefs on the decisions of the Supreme Court
Supreme Court issues notice in plea filed by Mohammed Shami’s wife seeking Uniform Laws for Divorce
Mohammed Shami’s wife Hasin Jahan filed plea before the Court to declare certain provisions of Muslim Personal Law (Shariat) Application Act, 1937 as unconstitutional.
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SC expresses displeasure over petition filed by DRT, Chandigarh Presiding Officer M.M. Dhonchak; dismisses petition challenging P&H High Court Order
The Supreme Court said that it was unfortunate that Mr. Dhonchak had filed the petition against the order of Punjab and Haryana High Court.
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Sexual Harassment at workplace: “Assure women safe & secure workplace or they will fear stepping out”; SC issues directions for PoSH Act implementation
The Supreme Court attributed the reluctance on the part of victims of Sexual Harassment at workplace to report the misconduct to, (i) uncertainty about who to approach under the Act for redressal of their grievance; and (ii) lack of confidence in the process and its outcome.
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Operational Creditors must be paid equivalent amount as per Section 53 of the IBC in case of liquidation of Corporate Debtor: SC
The Court said that Vistra ITCL (India) Ltd. would be treated as a secured creditor in terms of Section 52 and 53 of the IBC, and would be entitled to retain the security interest in the pledged shares.
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‘Failure to put material circumstances before accused amounts to serious irregularity’; Supreme Court set aside conviction in 27-year-old murder case
Supreme Court proceeded with the fact that the only circumstance appearing against the appellant was not put to him in the statement under Section 313 of CrPC.
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SC rejects Centre’s plea challenging maintainability of Meghalaya’s suit to declare provisions of Lotteries Regulation Act as ultra vires
The Court said that the grievances raised by the State of Meghalaya in the context of its right to do business in lotteries under Article 298(b), would constitute disputes, which fall squarely within the four corners of Article 131 of the Constitution.
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“Voting by secret ballot should not be the rule but clearly an exception”; Supreme Court modifies guidelines for designation of Senior Advocates
Supreme Court said that the process of improvement is a continuous one and that it learns from every experience. This ruling is one more step in the fine-tuning system of designation of Senior Advocates, and it hopes it achieves the purpose.
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Explained| Supreme Court judgment settling tussle between Delhi Govt and Centre
In the spirit of cooperative federalism, the Union must exercise its powers within the boundaries created by the Constitution. NCTD, having a sui generis federal model, must be allowed to function in the domain charted for it by the Constitution. The Union and NCTD share a unique federal relationship. It does not mean that NCTD is subsumed in the unit of the Union merely because it is not a “State”.
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Supreme Court stays Gujarat Govt’s ‘rushed’ decision to promote judicial officers as District Judges; says ‘State could’ve waited till next hearing’
The Gujarat Government had issued the impugned Notification dated 18.04.2023 during the pendency of the present writ petition and after receiving the notice issued by the Court. The Supreme Court observed that the State Government could have waited till the next date of hearing which was on 28.04.2023.
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Decoding Maharashtra Political Crisis: From how it all started to Supreme Court’s ‘Big’ Verdict
The five Judge Constitution Bench of the Supreme Court has upheld the Governor’s decision of inviting Eknath Shinde to form the Government in the State of Maharashtra and has refused to quash Udhav Thackeray’s resignation as it was submitted voluntarily before the floor test. This Explainer not just provides a Bird’s-Eye view of the Supreme Court Judgment for easy reference but also gives a detailed point-wise breakdown of each issue.
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[Delhi Govt. vs LG] Delhi Government has administrative control over transfers and postings of civil servants in NCTD: Supreme Court
Supreme Court said that NCTD like other states also represents the representative form of government, the involvement of Union of India in the administration of NCTD is limited by Constitution provisions and any further expansion will be contrary to the constitutional scheme of governance.
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Maharashtra Political Crisis: SC Constitution Bench holds Governor justified in inviting Eknath Shinde to form Government; 7-judges bench to reconsider Nabam Rebia judgment
The Supreme Court refused to quash Udhav Thackeray's resignation as it was submitted voluntarily before the floor test.
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Supreme Court | Continuation of irretrievably broken down marriage spells cruelty to both parties; can be read as a ground for divorce under Hindu Marriage Act
Supreme Court observed that in cases where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation, then continuation of such a ‘marriage' would only mean giving sanction to cruelty which each is inflicting on the other.
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Manipur Violence: SC directs State to ensure medical care, basic amenities, rehabilitation measures and protect places of worship
The Court expressed its concerns over the loss of human life and destruction of the homesteads and places of worship.
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Notice invoking arbitration issued prior to 2015 Amendment but application filed post Amendment: SC resolves enigma around applicability of Arbitration Amendment Act 2015
Upholding the Telangana High Court judgment, the Supreme Court held that the law prevailing prior to the Arbitration and Conciliation (Amendment) Act, 2015 shall be applicable in a case where the notice invoking arbitration is issued prior to the Amendment Act, 2015.
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Honour Killing | Supreme Court commutes death sentence of man who killed newly married sister and her paramour
“It is well-settled law that awarding of life sentence is a rule and death is an exception. The application of the rarest of rare case principle is dependent upon and differs from case to case.”
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UP Intermediate Education Act | Amended Regulation 17 applicable on pre-existing vacancies awaiting DIOS approval: Supreme Court
The Supreme Court did not find any place for a ‘deemed appointment' and held that the selection process concludes only after the mandatory approval of the DIOS is granted.
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Supreme Court’s Split verdict on Settlement Commission’s jurisdiction in case of seized goods mentioned under Section 123 of the Customs Act 1962
Supreme Court was called upon to decide whether a settlement remedy under Section 127B of the Customs Act, 1962, would be available for the seized goods, which are specified under Section 123 of the said Act, the bench of Krishna Murari and Sanjay Karol, JJ gave a spilt verdict and referred the matter to a larger bench.
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Supreme Court stays Allahabad HC order directing UP Schools to refund or adjust 15 % school fees paid during Covid-19 pandemic
Supreme Court stayed the operation of the Allahabad High Court's judgment to the extent it directs refund of the fee paid to ex-students, till the next date of hearing.
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