Digest Of Supreme Court Cases

S. 254(2-A) (as amended by the Finance Act, 2008 w.e.f. 1-10-2008): Third proviso to S. 254(2-A), limiting extension of stay order to a maximum period of 365 days.

Held, unequals are being treated equally in that  no differentiation is made by the third proviso between the assessees who are responsible for delaying the proceedings and assessees who are not so responsible- since the objective was automatic vacation of stay granted on the completion of 365 days whether or not the assessee is responsible […]

S. 254(2-A) (as amended by the Finance Act, 2008 w.e.f. 1-10-2008): Third proviso to S. 254(2-A), limiting extension of stay order to a maximum period of 365 days. Read More »

Constitution of India — Arts. 16(4), 15(4) and 15(5) — Extent to which Reservation is permissible

Maximum upper limit of 50% reservation as laid down in Indra Sawhney, 1992 Supp (3) SCC 217, binding under Art. 141 and has to be implemented. As there were no grounds to refer Indra Sawhney case to a larger Bench, prayer for the same, rejected. S. 2(j) of the MSEBC Act, 2018 insofar as it declares

Constitution of India — Arts. 16(4), 15(4) and 15(5) — Extent to which Reservation is permissible Read More »

Person(s) to be appointed under Art. 243-K/Art. 243-ZA who may be appointed as State Election Commissioner to Panchayats and Municipalities

All-State Election Commissioners appointed under Art. 243-K/Art. 243-ZA, held, have to be independent persons who cannot be persons who are occupying a post or office under the Central or any State Government. If there are any such persons holding such post of State Election Commissioner in any State, such persons must be asked forthwith to

Person(s) to be appointed under Art. 243-K/Art. 243-ZA who may be appointed as State Election Commissioner to Panchayats and Municipalities Read More »

Penal Code, 1860 — S. 498-A: Conviction of parents-in-law of deceased living in separate house, for alleged harassment meted out to her, held not sustainable in this case as there was absence of direct evidence against them

Hence, their conviction was not maintainable on probability. They were entitled to benefit of doubt. Hence, their conviction stood set aside. (2021) 7 SCC 204 [R. Natarajan v. State of T.N.]

Penal Code, 1860 — S. 498-A: Conviction of parents-in-law of deceased living in separate house, for alleged harassment meted out to her, held not sustainable in this case as there was absence of direct evidence against them Read More »

Medical and Health Law — Duties of Doctors and Medical Ethics relating to Government doctors/Central/State Health Services —Whether Cancellation of Study leave proper and justified:

In this case, study leave granted to appellant Medical Officer posted in Government (NCT) of Delhi Hospital to pursue postgraduate course, revoked vide order dt. 22-1-2021 in terms of policy dt. 20-10-2020 and office order dt. 22-10- 2020 not to grant study leave to doctors working in government hospitals in view of COVID-19 Pandemic. The

Medical and Health Law — Duties of Doctors and Medical Ethics relating to Government doctors/Central/State Health Services —Whether Cancellation of Study leave proper and justified: Read More »

Service Law — Factors to be considered-Antecedents/Character for Appointment of Police

(i) clean acquittal or acquittal by granting benefit of doubt; (ii) Grave offences involving moral Turpitude; and (iii) Non-disclosure of pending criminal cases. (Paras 15 to 17) Cancellation/Refusal of appointment for the Post of Police Constable on grounds of: Cancellation of candidature of respondent candidates (4 in number) by Screening Committee on ground that respondents were

Service Law — Factors to be considered-Antecedents/Character for Appointment of Police Read More »

Criminal Procedure Code, 1973 — S. 156(3) and Ss. 200 to 204 and S. 438

Held, High Court erred in granting anticipatory bail in present case mainly on ground that magistrate’s direction for investigation S. 156(3) CrPC was doubtful as complainant had not been examined on oath as required  under S 200 CrPC, though complaint was supported by affidavit. Furthermore, relevant considerations for grant of anticipatory bail had not been

Criminal Procedure Code, 1973 — S. 156(3) and Ss. 200 to 204 and S. 438 Read More »

Service Law — Reinstatement/Back Wages/Arrears — Back Wages — Entitlement to — Unjustified punishment

In this case some articles in godown were found removed and placed near fencing when appellant “Rakshak” in Railway Protection Force was on special duty. The departmental Enquiry imposed a penalty of reduction of pay to the minimum of timescale of Rs 200 for a period of two years affecting his future increments. The appellate

Service Law — Reinstatement/Back Wages/Arrears — Back Wages — Entitlement to — Unjustified punishment Read More »

Constitution of India — Arts. 14, 32, 226 and 227 and Economy and/or economic policy decisions

Limited scope of judicial review in matters concerning economy and/or economic policy decisions, emphasized. Judges are not experts in economic and fiscal regulatory matters and thus, should not encroach upon these areas and must be more reluctant to impugn the judgment of the experts who may have arrived at a conclusion unless the court is

Constitution of India — Arts. 14, 32, 226 and 227 and Economy and/or economic policy decisions Read More »

Rent Control and Eviction- UP Urban Buildings (Regulation of letting , Rent and Eviction) Rules, 1972- Deemed vacancy for nonresidential premises (shop)

Subsequent events effecting partnership business. With the death of both partners and not having any clause permitting continuation of the partnership by legal heirs, the nonresidential tenanted premises, held, are deemed to be vacant in law as the tenant is deemed to have ceased to occupy the building. Davesh Nagalya (dead) and others v. Pradeep

Rent Control and Eviction- UP Urban Buildings (Regulation of letting , Rent and Eviction) Rules, 1972- Deemed vacancy for nonresidential premises (shop) Read More »

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