Pending investigation & grant of prosecution sanction against Govt. employee not sufficient to adopt sealed cover procedure: SC
The sealed cover procedure is to be resorted to only after issuance of the charge-memo/charge-sheet is issued.
Justice Sandeep Mehta
Decision to reduce employee’s pay scale and recover excess amount can’t be applied retrospectively after a long time gap: SC
The Court further stated that any step of reduction in the pay scale and recovery from a government employee would be like a punitive action because the same has drastic civil and evil consequences.
‘Establishment, extension of jurisdiction, superintendence of DSPE vests with GOI’; West Bengal’s suit alleging misuse of CBI by Union maintainable: Supreme Court
The State of West Bengal had challenged the CBI’s action of registering Suo moto cases for offences that occurred within its territory without any direction from the competent court or prior consent by the State.
Can a company file a consumer complaint under Consumer Protection Act, 1986? SC clarifies
In the Consumer Protection Act, 2019, a body corporate was brought within the definition of ‘person’, indicating that the legislature realized the incongruity in the unamended provision and rectified the anomaly by including the word ‘company’ in the definition of ‘person’.
Can Court impose bail condition restricting involvement in political activities? – Supreme Court answers
Supreme Court quashed and set aside the condition imposed by the Orissa High Court restricting involvement in political activities.
Reference to a document in contract should show intention to incorporate arbitration clause: Supreme Court reiterates
Supreme Court concluded that the instant matter was not one of ‘incorporation’ but a case of ‘reference’ and clarified that a general reference would not have the effect of incorporating arbitration clause.
Supreme Court upholds regularisation of workmen engaged in regular and perennial nature of work
Supreme Court found the Industrial Tribunal justified in giving an award on a reference by the Central Government, and the Tribunal’s findings as unassailable.
Abetment of Suicide | ‘Frustrated on account of work pressure’; SC quashes case under S. 306 IPC
“The deceased was frustrated on account of work pressure and was feeling the pressure of working in two different districts.”
True and voluntary dying declaration can be sole basis of conviction without any corroboration: SC
“Dying declaration can be the sole basis of the conviction if it inspires the full confidence of the Court and the deceased was in a fit state of mind at the time of making the statement and that it was not the result of tutoring, prompting or imagination.”
Supreme Court finds HC judgment prima facie well-reasoned; refuses to stay acquittal of GN Saibaba and others
Supreme Court, while refusing to interfere with the acquittal order, also pointed out the fact that all 6 people had been acquitted twice by the different Benches of Bombay High Court.
“Evidence of police witnesses full of contradictions and thoroughly unconvincing”; SC sets aside conviction under NDPS Act
The Court found glaring loopholes in the prosecution case regarding the preparation of the samples of the contraband and safe keeping of the samples.
Supreme Court clarifies stay on MoEFCC’s office memoranda permitting ex post facto environmental clearance
“The order dated 02-01-2024 will not come in the way of competent authorities considering proposals for modifications/alterations in the environmental clearance if the area of the projects had a valid environmental clearance prior to 07-07-2021.”
Know Thy Newly Appointed Supreme Court Judge – Justice Sandeep Mehta
Dr. Justice D.Y Chandrachud, CJI, administered oath to Justice Sandeep Mehta on 9-11-2023.
Three new Judges of the Supreme Court of India take oath
Following the Collegium’s recommendation for appointment of Justice Satish Chandra Sharma, Justice Augustine George Masih, and Justice Sandeep Mehta as Judges of the Supreme Court of India, the Centre cleared the recommendation within 48 hrs.
SC Collegium recommends appointment of 3 Chief Justices of High Courts as Judges of the Supreme Court of India
Following a meticulous assessment of the qualifications, the Collegium on 06-11-2023, recommended the names of the Justice Satish Chandra Sharma, Justice Augustine George Masih, and Justice Sandeep Mehta, Chief Justices of High Courts of Delhi, Rajasthan and Gauhati respectively, to be elevated as Judges of the Supreme Court.