Supreme Court Archives | Page 76 of 178

Explained| Can Commissioner suspend or initiate departmental proceedings against an Additional Municipal Commissioner under Maharashtra Municipal Corporations Act, 1949?

“A legislative intent cannot be to leave an employee scot-free though he has indulged into serious misconduct.”

Caste can be the starting point for providing internal reservation but not the sole basis: Supreme Court

Supreme Court: In a case relating to reservation of seats in Educational Institutions, the bench of L. Nageswara Rao* and BR Gavai,

Case Briefs Supreme Court

Whether confiscation by Custom & Excise Authority forfeits the claim of Secured Creditor over such property? Whether the dues of Excise department create a First Charge? SC answers

Supreme Court: The Division Bench of L. Nageswara Rao and Vineet Saran*, JJ., quashed the confiscation order of Customs and Central Excise

Case Briefs Supreme Court

“Land owner cannot be deprived of the use of the land for years together”; SC sets aside Bombay HC’s direction to acquire a land almost 20 years after finalisation of development plan

Supreme Court: In a case where the Development Plan was finalized in the year 2002, but the same was never implemented nor

Case Briefs Supreme Court

Refusal to continue to execute a contract unless reciprocal promises are performed by the other party is not abandonment of contract: SC

Supreme Court: Explaining the law on abandonment on contractual obligation, the bench of Hemant Gupta and V. Ramasubramanian*, JJ has held that

Case Briefs Supreme Court

Declaration under the Income Declaration Scheme cannot lead to non-declarant’s immunity from taxation: SC

Supreme Court: The bench of UU Lalit and S. Ravindra Bhat*, JJ has held that the declaration under the Income Declaration Scheme

Case Briefs Supreme Court

Can step-children claim property right in mother’s mehar after her death? Does a registered mehar deed become unenforceable for being nominal? SC answers

Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai*, JJ., upheld the impugned judgment of the High Court wherein

Case Briefs Supreme Court

Does the Contract Labour (Regulation & Abolition) Act, 1970 eclipse the Industrial Disputes (Rajasthan Amendment) Act, 1958? SC refuses to decide the issue as the first Court

Supreme Court: In the case where it was argued before the Court that the Industrial Disputes (Rajasthan Amendment) Act, 1958 which received

Case Briefs Supreme Court

[Bomikhal Flyover Collapse] Is permanent debarment of guilty contractor too harsh? What makes an order a pre-determined one? Supreme Court answers

Supreme Court: The Division Bench comprising of M. R. Shah* and B.V. Nagarathna, JJ., held that if a tentative decision is taken

Case Briefs Supreme Court

Can employees appointed for fixed period in temporary unit be absorbed/regularised by creating supernumerary posts? SC answers

Supreme Court: In the case where the Gujarat High Court had ordered the absorption of persons employed in a temporary unit, by

Case Briefs Supreme Court

Consent award cannot be the basis to determine compensation in other acquisition, especially, when there are other evidences on record: SC

Supreme Court: The bench of MR Shah* and BV Nagarathna , JJ has held that a consent award cannot be the basis

Case Briefs Supreme Court

HC spends 9 months on deciding appeal from an ‘unappealable’ adjournment order. SC imposes Rs. 5 Lakhs exemplary cost on litigant for wasting ‘precious judicial time’

Supreme Court: In a trade mark infringement case where interlocutory injunction was sought during the pendency of the suit, the bench of

Case Briefs Supreme Court

All India Bar Exams| From 1/4th negative marking to limiting the validity of Bar exam for three years; SC issues notice to BCI to respond to suggestions

“The right to practice a profession, also being a fundamental right, a balance has to be maintained between the same and the requirement to monitor the legal profession for its better ethics.”

Case Briefs Supreme Court

Mere allegation of bias is not fatal to disciplinary inquiry unless supported by materials: Supreme Court

Supreme Court: The Division Bench comprising of Ajay Rastogi* and Abhay S. Oka, JJ., held that non-supply of demanded documents is not

Case Briefs Supreme Court

‘Lotteries’ a species of ‘betting and gambling’; States Legislatures competent to levy tax: SC

Supreme Court: Dealing with the appeals preferred by the States of Karnataka and Kerala against the decisions of the Division Benches of

Case Briefs Supreme Court

Supreme Court fixes outer limit for claiming COVID-19 death compensation; Claims to be filed within 90 days from now on

Supreme Court: Considering the submissions by Solicitor General Tushar Mehta on fixing an outer limit on fixing claims for compensation in case

Case Briefs Supreme Court

Trap party recovers tainted currency notes from Tax Officer accused of demanding bribe. Read why Supreme Court acquitted the officer in spite of proved recovery

Supreme Court: In an interesting case relating to corruption, the Division Bench of Ajay Rastogi and Abhay S. Oka*, JJ., acquitted a

Case Briefs Supreme Court

Irregular Disciplinary Enquiry: Court cannot reinstate employee as such; Matter must be remanded to Enquiry Officer/Disciplinary Authority

Supreme Court: In a disciplinary proceeding where it was established that there was a breach of principles of natural justice as the

Case Briefs Supreme Court

How will the higher Court know why review jurisdiction was exercised? Courts must mention what was that error apparent on the face of the record: SC

Supreme Court: In the case where the division bench of Madhya Pradesh High Court allowed a review petition by merely stating that

Case Briefs Supreme Court

Is amount spent by pharmaceutical companies in gifting freebies to the doctors “business expenditure” under IT Act when act of accepting freebies by doctors is an offence? SC answers

“…the statutory regime requiring that a thing be done in a certain manner, also implies (even in the absence of any express terms), that the other forms of doing it are impermissible.”