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.
Supreme Court
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
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
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.
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
Tax liability of a power generator (which also manufactures sugar) supplying electricity to a distributor, whether a Question of law or of fact? Supreme Court clarifies
Whether the State had the legislative competence to levy duty on the sale of electricity to an intermediary distributor is a question of law.
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.
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
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
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.”
Supreme Court Monthly Roundup – September 2021
“Time has now come to change the work culture and get out of the adjournment culture so that confidence and trust put
‘You are throwing mud at all and sundry but we refuse to back off’; Supreme Court holds Suraz India Trust Chairman guilty of contempt
“Such litigants cannot be permitted to have their way only because they can plead and write anything they feel like and keep on approbating by sometimes apologising and then again bringing forth those allegations.”
Supreme Court on ‘Bogus Donations’ made to Trust: Delves to know whether registration under S. 12AA of Income Tax Act was being misused or not
Supreme Court of India: Noting the donations being made to the Trust to be ‘bogus donations’ Bench of Uday Umesh Lalit and
‘Labour Court’s decision should not be based on mere hypothesis’; SC upholds bank employee’s dismissal in a 33 year old case
“Judicial discretion, it is trite, cannot be exercised either whimsically or capriciously. It may scrutinize or analyse the evidence but what is important is how it does so.”
Judicial craft entered the forbidden domain of legislative draft; SC sets aside Madras HC’s attempt to re-write Rule 29(4) of Copyright Rules
“Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute.”
Explained| Law on grant on bail in NDPS cases
Supreme Court: The bench of Dr. DY Chandrachud* and BV Nagarathna, JJ has elaborately discussed the principles governing the grant of bail,
Disruption of the Mitakshara Coparcenary | Vineeta Sharma v. Rakesh Sharma: A case comment
by Aparna N.*and Nayana Tara BG**
Retrospective seniority from a date when employee was not even borne in service? A big no, holds Supreme Court
Supreme Court: The bench of R. Subhash Reddy and Hrishikesh Roy*, JJ has held that retrospective seniority cannot be claimed from a
Mutation entry doesn’t confer any right, title or interest in favour of person and the objective is only for fiscal purpose: Supreme Court
Supreme Court of India: Observing the well-settled position of law that, Mutation Entry does not confer any right, title or interest in
Bail| Man with serious allegations against him cannot claim parity with a woman jailed with an infant: Supreme Court
Supreme Court: In a case where a man was allegedly murdered by his wife and colleague, the bench of Dr. DY Chandrachud*