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Supreme Court of India

SC dismisses PIL against alleged Mis-utilisation of Funds Lying in NCEF

October 21, 2020 666 Views 0 comment Print

In the Instant case the PIL has been filed by the Petitioner in public interest against the diversion and misutilization of the funds lying in the National Clean Energy Fund (NCEF) in front of Supreme Court.

SC imposes cost of Rs. 25000 on officer for delay of 663 days in appeal filing

October 15, 2020 855 Views 0 comment Print

The State of Madhya Pradesh & Ors. Vs Bherulal (Supreme Court of India) The Special Leave Petition has been filed with a delay of 663 days. We have raised the issue that if the Government machinery is so inefficient and incapable of filing appeals/petitions in time, the solution may lie in requesting the Legislature to […]

Liquidation of Corporate Debtor should be last resort; SC Stays auction of properties of Corporate Debtor

October 15, 2020 3738 Views 0 comment Print

Kridhan Infrastructure Pvt. Ltd. (Now Known As Krish Steel And Trading Pvt. Ltd) Vs. Venkatesan Sankaranaayan & Ors. (Supreme Court) SC held that Liquidation of the Corporate Debtor should be a matter of last resort. The IBC recognizes a wider public interest in resolving corporate insolvencies and its object is not the mere recovery of […]

SC quashes Gujarat Notification exempting factories from paying overtime during lock down

October 11, 2020 1893 Views 0 comment Print

Gujarat Mazdoor Sabha & Anr. Vs. The State of Gujarat (Supreme Court) Facts- The Gujarat Government, on 17th April 2020, issued a notification under section 5 exempting all the factories from various provisions relating to weekly hours, daily hours, intervals for rest etc. for adult workers during the period 20th April 2020 till 19th July […]

SC: Right to compassionate appointment especially to provide successor to a needy family cannot be granted inherently.

October 8, 2020 5058 Views 0 comment Print

There could not be any inherent right to compassionate appointment but rather, it was a right based on certain criteria, especially to provide successor to a needy family. This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy was made applicable retrospectively. 

SC explains Territorial jurisdiction in a cheque bouncing case

October 8, 2020 69081 Views 0 comment Print

Supreme Court states that as per section 142(2)(a) of the Negotiable Instrument Act, the court within whose jurisdiction the branch of the bank where the payee maintains the account is situated, will have jurisdiction to try the offence, if the cheque is delivered for collection through an account.

Employer liable, under Motor Vehicles Act, if permits driver to drive with an expired license: SC

October 5, 2020 3210 Views 0 comment Print

Bell Ram Vs Rajinder Kumar & Anr. (Supreme Court) 1. The sole question of law for consideration in the present appeals is whether in case of a valid driving licence, if the licence has expired, the insured is absolved of its liability. 2. The facts are in a very narrow compass. The first respondent herein, […]

Notification cannot have retrospective effect unless authorised by statue: SC

October 2, 2020 25062 Views 0 comment Print

Union of India & Ors. Vs M/s G S Chatha Rice Mills & Anr. (Supreme Court) In the context of the Customs Act, and having regard to the Scheme, which, in the case of import duty, consists of filing of Bill of Entry for home consumption, self-assessment and payment of duty on the basis of […]

SC allows withdrawal of Appeal for mere Excise Component under SVLDR Scheme, 2019

September 27, 2020 939 Views 0 comment Print

The issue under consideration is whether petitioner’s request to withdraw appeal in respect of the excise component under Sabka Vishwas (Legacy Dispute Resolution) (SVLDR) Scheme, 2019 can be accepted by the court?

Judicial review should not be exercised virtually as a continuous oversight of DA’s functions: SC

September 22, 2020 837 Views 0 comment Print

Designated Authority & Ors. Vs. Andhra Petrochemicals Ltd. (Supreme Court) Access to judicial review is a valuable right conferred upon citizens and persons aggrieved; the Constitution arms the High Courtsand this court with powers under Articles 226 and 32. At the same time, barring exceptional features necessitating intervention in an ongoing investigation triggered by a […]

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