Digest Of Supreme Court Cases

Companies Act, 2013 — Ss. 241 and 242 — When can be granted on grounds of, under S. 241(1)(a) r/w Ss. 242(1)(a) & (b)-Conduct of affairs of company prejudicial to public interest, or, to the company, or, prejudicial or oppressive to any member(s) of company

In a petition under S. 241, the true question to be asked by the Tribunal is whether removal of a Director/Executive Chairman tantamount to conduct which is oppressive or prejudicial to some members. Further, even in cases where the Tribunal finds that the removal of a Director was not in accordance with law or was […]

Companies Act, 2013 — Ss. 241 and 242 — When can be granted on grounds of, under S. 241(1)(a) r/w Ss. 242(1)(a) & (b)-Conduct of affairs of company prejudicial to public interest, or, to the company, or, prejudicial or oppressive to any member(s) of company Read More »

Constitution of India — Arts. 14, 15, 16 and 226 — Writ of mandamus in matters of reservation — Scope and limit

Order of High Court directing State Government to increase the percentage of reservation for a particular category, that is, to provide for 3% reservation/quota for sportspersons, instead of 1% provided by State Government, held, beyond its jurisdiction and a grave error. (Para 10 and 11) Court cannot issue a mandamus: (i) to provide for reservation

Constitution of India — Arts. 14, 15, 16 and 226 — Writ of mandamus in matters of reservation — Scope and limit Read More »

Constitution of India — Arts. 19(1)(a) & (2) and Arts. 194 & 105

Accountability of Social media platforms, for posts made on such platforms by third parties: held, social media platforms such as petitioner Facebook cannot contend that they have some exceptional privilege to abstain from appearing before a House Committee duly constituted by the Legislature concerned. Extent of accountability of Social media platforms for posts made by third

Constitution of India — Arts. 19(1)(a) & (2) and Arts. 194 & 105 Read More »

Service Law — Validity/ Effect of Inordinate delay in challenging termination order before court

In this case, late husband of respondent was dismissed from service on 16-12-1996. In case respondent’s husband had not been dismissed, he would have superannuated in the year 1999.Respondent widow challenging dismissal order by filing writ petition in the year 2012 i.e. 15 yrs from date of termination and approximately 13 yrs from date on

Service Law — Validity/ Effect of Inordinate delay in challenging termination order before court Read More »

Election- Democracy and general Principles-Electoral Reforms

Directions issued for Right to information of voter re criminal antecedents of candidates to be made more effective and meaningful. Further, Directions issued to political parties to publish information regarding criminal background of candidates on the homepage of their websites with caption “candidates with criminal antecedents”. ECI also directed to create a separate cell which

Election- Democracy and general Principles-Electoral Reforms Read More »

Criminal Procedure Code, 1973- S24, 25 and 25A- Government Law Officers/Counsel/Pleader/Public Prosecutor/Advocate General

Post of Assistant Public Prosecutor was to be made by direct recruitment on basis of competitive examination followed by viva voce test. Held, impugned judgment confirming order of Tribunal holding respondent entitled for promotion from date his juniors were promoted (without selection process) unsustainable. [State of U.P. v. Shyam Lal Jaiswal, (2022) 1 SCC 59]

Criminal Procedure Code, 1973- S24, 25 and 25A- Government Law Officers/Counsel/Pleader/Public Prosecutor/Advocate General Read More »

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