Supreme Court
Rule 15(1) contravenes legislative intent of RPWD Act; SC directs Union to form mandatory rules to ensure accessibility of public places for disabled
“While it is true that accessibility is a right that requires “progressive realization”, this cannot mean that there is no base level of non-negotiable rules that must be adhered to. While the formulation of detailed guidelines by the various ministries is undoubtedly a laudable step, this must be done in addition to prescribing mandatory rules, and not in place of it.”
NRJ Series | Corroboration for dying declaration cannot be provided by a person who himself cannot be relied on without corroboration [(1954) 2 SCC 208]
This report covers the Supreme Court’s Never Reported Judgment, on corroboration for dying declaration, dating back to the year 1954.
Application for arbitrator’s appointment cannot be rejected on multiplicity alone if cause of action for subsequent arbitration arises: SC
“While applying the principles of Order 23 Rule 1 of CPC to applications under Section 11(6) of the Arbitration and Conciliation Act, 1996, it must be kept in mind that it will act as a bar to only those applications which are filed subsequent to the withdrawal of a previous Section 11(6) application filed on the basis of the same cause of action.”
Unilateral appointment clauses in public-private contracts violative of Article 14 of Constitution; Arbitrator’s selection from PSUs panel not a mandate: SC
The Arbitration and Conciliation Act, 1996 does not prohibit Public Sector Undertakings from empanelling potential arbitrators, however, an arbitration clause cannot mandate the other party to select its arbitrator from the panel curated by PSUs.
Eligibility criteria for Government jobs cannot be changed midway unless allowed by existing Rules: Supreme Court
“Recruiting bodies subject to the extant rules may devise an appropriate procedure for bringing the recruitment process to its logical end, provided the procedure is transparent non-discriminatory, non-arbitrary, and has a rational nexus with the object sought to be achieved”
NMC to issue fresh guidelines for admitting PwD into medical courses; Assessment Boards to test functional competence of medical aspirants with disability: SC
“Central to the principles of reasonable accommodation and the individualized experience of disability is the right to access legal protections without undue mental hardship. If persons with disabilities must repeatedly turn to the courts to correct the missteps of authorities, then the rights recognized by this Court and the RPWD Act risk becoming hollow assurances.”
How private resources become resources ‘of community’ & distributed for common good? Deciphering Justice BV Nagarathna’s partial dissent in 9-J Bench verdict
“Unless and until private ownership and control of the material resources are transformed or converted into the “material resources of the community” which is a condition precedent, there cannot be distribution of the said resources by the State. Otherwise, the State would merely transfer privately owned material resources from one owner to another person, without first making it a “material resource of the community” which, is not the intent of the framers of the Constitution and neither is the same envisaged under Article 39(b).”
[Motor Vehicle Act] LMV License holder not required to obtain separate authorisation for driving transport vehicles under 7500 Kg: Supreme Court
Supreme Court’s observed that no empirical data has been provided to demonstrate that Light Motor Vehicle (LMV) license holders driving transport vehicles are a significant cause of road accidents
SC upholds Kerala HC ruling on exclusion of overqualified candidates for Kerala Water Authority’s LDC Post; criticizes KPSC for inconsistent qualification
It is manifest that it is the KPSC, with its vacillating and dithering stance, that is largely responsible for this long-pending litigation, impacting the lives, hopes and aspirations of nearly twelve hundred candidates
Not all private properties are ‘material resources of community’ under Art. 39(b) for state to equally distribute; Supreme Court rules in landmark 7:2 verdict
The 9-Judge Bench unanimously held that Article 31-C of the Constitution remains in force to the extent that it was upheld in Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225.
‘FIR not an encyclopedia, but can be used to corroborate or contradict informant’; SC upholds acquittal of 3 in 28-year-old murder case
“The prime object of FIR, from the point of view of the informant is to set the criminal law in motion and from the point of the investigating authorities is to obtain information about the alleged activity to enable them to take suitable steps to trace and book the guilty. FIR is an important document, though not a substantial piece of evidence, and may be put in evidence to support or contradict the evidence of its maker viz., the informant.”
Supreme Court Roundup October 2024| Stories on S. 6A of Citizenship Act; Intoxicating Liquor; Byju’s Insolvency case; RG Kar Rape and Murder; Pune Triple Murder; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on Section 6A of Citizenship Act; Intoxicating Liquor; Byju’s Insolvency case; Delhi Education Rules; Brij Bihari Prasad murder case; Pune Triple Murder case; RG Kar Rape and Murder Case; and more. It also covers Top stories; Never reported Judgments; Cases Reported in SCC Weekly in October.
Who is a “Workman”? Supreme Court clarifies the definition in Industrial Disputes context
Supreme Court noted that as per the employee in the case at hand, comes within the meaning of “workman” as given in Section 2(s) of the I.D. Act and the management without following the legal procedure, relieved him from service abruptly and hence, the same is illegal termination.
Justice BV Nagarathna: Igniting Hope for the First Ever Woman Chief Justice of India
Justice B. V Nagarathna who is currently serving as a Judge of Supreme Court of India, formerly served as a Judge of Karnataka High Court until her elevation to the Supreme Court. Justice Nagarathna is also the potential contender for the first ever woman Chief Justice of India.
Supreme Court overturns Patna HC Order postponing bail implementation for six months
“This is one of the few orders we have come across in last few days passed by the High Court, in which, without deciding the matter on merits, the High Court has granted the bail to the accused, subject to the condition that he shall furnish the bail bonds after six months of the passing of the order.”
Post-surgery deterioration not automatically indicative of medical negligence; Supreme Court overturns NCDRC order
“When reasonable care, expected of the medical professional, is extended or rendered to the patient unless the contrary is proved, it would not be a case for actionable negligence.”
NRJ Series | SC normally does not interfere with concurrent findings of fact; phrases like “conscience of Court being satisfied” cannot convert question of fact into law [(1954) 1 SCC 688]
This report covers the Supreme Court’s Never Reported Judgment on, Supreme Court’s interference in concurrent findings of fact, dating back to the year 1954.
Supreme Court sets aside Calcutta HC judgment denying extension of arbitration mandate beyond deadline for making an award; Directs fresh adjudication of petition
In the Judgment dated 12-09-2024, Supreme Court had held that an application for extension of time for passing an arbitral award under Section 29A (4) read with Section 29A (5) is maintainable even after the expiry of the twelve-month or the extended six-month period. The court, while adjudicating such extension applications will be guided by the principle of sufficient cause.
[Gram Pradhan Election] Supreme Court directs fresh recount of votes; Appoints junior most lady advocate present in Court as Court Commissioner
Supreme Court directed that the entire process of recounting of votes should be video-graphed, and the result of re-count to be signed by the parties, their counsel as well as the Court Commissioner, besides the Presiding Officer of the Election Tribunal.