Voluntary Retirement Scheme: Supreme Court Upholds Bank’s Right to Discipline Employees Post Application (08 February 2016)

/ Abhay Manohar Sapre, Disciplinary Proceedings, J. Chelameswar, Judges, Mandatory vs. Directory, Service Law, Service Law with Regulations 4(1), Voluntary Retirement Scheme, VRS Eligibility

Can a bank initiate disciplinary proceedings against an employee who has applied for voluntary retirement but whose application is still pending? The Supreme Court of India addressed this question in a recent case, clarifying the interplay between voluntary retirement schemes and disciplinary actions. This judgment clarifies that banks can take disciplinary action against employees even […]

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Supreme Court Upholds Land Transfer Agreement for Public Utility: Narayanrao Jagobaji Gowande Public Trust vs. State of Maharashtra (2016)

/ Amitava Roy, Consideration, Improvement Schemes, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 23, Indian Contract Act, 1872 with Section 25, Judges, Nagpur Improvement Trust Act, 1936, Nagpur Improvement Trust Act, 1936 with Section 58, Nagpur Improvement Trust Act, 1936 with Section 76, V. Gopala Gowda

Can a development agreement compel a landowner to transfer land reserved for public use without compensation? The Supreme Court of India addressed this question in a case involving the Narayanrao Jagobaji Gowande Public Trust and the State of Maharashtra. The court examined whether such agreements are valid under the Indian Contract Act, 1872, and the

Supreme Court Upholds Land Transfer Agreement for Public Utility: Narayanrao Jagobaji Gowande Public Trust vs. State of Maharashtra (2016) Read Post »

Supreme Court Upholds Compensation for Truck Driver’s Death: Jaya Biswal vs. IFFCO Tokio (2016)

/ Employee's Compensation Act, 1923, Employee's Compensation Act, 1923 with Section 3(1), Employee's Compensation Act, 1923 with Section 30(1), Judges, Uday Umesh Lalit, V. Gopala Gowda

Can an employer avoid compensation for a worker’s death if the worker was negligent? The Supreme Court of India addressed this question in a case involving a truck driver’s fatal accident. The court clarified the scope of the Employee’s Compensation Act, 1923, emphasizing its welfare nature. This judgment highlights the importance of protecting workers and

Supreme Court Upholds Compensation for Truck Driver’s Death: Jaya Biswal vs. IFFCO Tokio (2016) Read Post »

Supreme Court Upholds Appointments Made 25 Years Ago in Bihar Gazetted Cadre Selection: Mirza Ali Raza & Ors. vs. State of Bihar & Ors. (2016) INSC 36 (03 February 2016)

/ C. Nagappan, Constitutional Law, Constitutional Law with Article 14, Fakir Mohamed Ibrahim Kalifulla, Judges, Judicial Review, Reservation Policy, Service Law, Service Law with Appointment

Can a State government alter the appointment of civil servants after 25 years based on a changed interpretation of reservation policies? The Supreme Court of India addressed this question in a case concerning appointments made in Bihar’s Gazetted Cadre in 1991. The Court’s decision focused on upholding the appointments of candidates who had been serving

Supreme Court Upholds Appointments Made 25 Years Ago in Bihar Gazetted Cadre Selection: Mirza Ali Raza & Ors. vs. State of Bihar & Ors. (2016) INSC 36 (03 February 2016) Read Post »

Supreme Court Upholds Verification of Disability Certificates in Education Appointments: State of U.P. vs. Ravindra Kumar Sharma (2016)

/ Arun Mishra, Judges, M.Y. Eqbal, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996, Persons with Disabilities Act, 1995, Persons with Disabilities Act, 1995 with Section 73

Can the State verify disability certificates issued by a Medical Board? The Supreme Court of India recently addressed this question in a case concerning appointments to primary schools in Uttar Pradesh. The court ruled that the state can verify certificates when there are complaints of fraud. This decision emphasizes the importance of preventing misuse of

Supreme Court Upholds Verification of Disability Certificates in Education Appointments: State of U.P. vs. Ravindra Kumar Sharma (2016) Read Post »

Supreme Court Upholds Conviction in Murder Case Based on Dying Declaration and Eyewitness Testimony: Gulzari Lal vs. State of Haryana (2016) INSC 29 (2 February 2016)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Offences Against Human Body, T.S. Thakur, V. Gopala Gowda

Can a conviction for murder be upheld based on a dying declaration and eyewitness testimony? The Supreme Court of India recently addressed this question in a case where the accused challenged his conviction. This case highlights the importance of dying declarations and eyewitness accounts in criminal trials. The judgment was delivered by a bench comprising

Supreme Court Upholds Conviction in Murder Case Based on Dying Declaration and Eyewitness Testimony: Gulzari Lal vs. State of Haryana (2016) INSC 29 (2 February 2016) Read Post »

Supreme Court Validates Gift of Undivided Property in Muslim Law: Khursida Begum vs. Mohammad Farooq (2016)

/ Adarsh Kumar Goel, Anil R. Dave, Delivery of Possession, Gift Deed, Gift of Immovable Property, Hiba-bil-musha, Judges, Mohammedan Law, Mohammedan Law with Section 160, Mohammedan Law with Section 206, Muslim Law, Property Law, Tenancy

Can a gift of an undivided share of property be valid under Muslim Law? This was the core question before the Supreme Court of India in the case of Khursida Begum (D) By Lrs. & Ors. vs. Mohammad Farooq (D) By Lrs. & Anr. The court examined the validity of a gift deed concerning a

Supreme Court Validates Gift of Undivided Property in Muslim Law: Khursida Begum vs. Mohammad Farooq (2016) Read Post »

Medical College Approval: Supreme Court Orders Fresh Inspection in Varunarjun Trust Case (2017)

/ A.M. Khanwilkar, Amitava Roy, Dipak Misra, Indian Medical Council Act, 1956, Indian Medical Council Act, 1956 with Section 10A, Indian Medical Council Act, 1956 with Section 19A, Judges

Can a medical college be denied permission based on a single day’s inspection? The Supreme Court of India recently addressed this question in a case involving Varunarjun Trust. The court directed a fresh inspection, emphasizing the need for a comprehensive assessment. This case highlights the importance of fair evaluation in medical education. The bench comprised

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Supreme Court Upholds Withdrawal of Electricity Tariff Concessions: Kothari Industrial Corporation Ltd. vs. Tamil Nadu Electricity Board (29 January 2016)

/ Arun Mishra, Electricity Law, Electricity Law with Tamil Nadu Revision of Tariff Rates on supply of Electrical Energy Act, 1978, Judges, Prafulla C. Pant, Promissory Estoppel, Ranjan Gogoi, Tariff Rates

Can a government revoke a promised concession on electricity tariffs? The Supreme Court of India addressed this question in a case involving industrial units in Tamil Nadu. The court held that the principle of promissory estoppel does not prevent the government from withdrawing such concessions. This judgment clarifies the scope of government power over fiscal

Supreme Court Upholds Withdrawal of Electricity Tariff Concessions: Kothari Industrial Corporation Ltd. vs. Tamil Nadu Electricity Board (29 January 2016) Read Post »

Supreme Court Directs Proper Handling of Seized Drugs: Union of India vs. Mohanlal (2016)

/ Judges, Kurian Joseph, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 52A, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 55, T.S. Thakur

Can seized narcotics be stored indefinitely without proper procedure? The Supreme Court of India addressed this critical issue in Union of India vs. Mohanlal, highlighting the alarming state of drug storage and disposal across the country. This judgment emphasizes the need for strict adherence to legal protocols for handling seized contraband to prevent pilferage and

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Supreme Court Upholds Defense Procurement Policy for Submarine Batteries: Union of India vs. HBL Nife Power Systems Ltd. (20 January 2016)

/ Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, R. Banumathi, T.S. Thakur

Can the government be compelled to issue open tenders for specialized defense equipment like submarine batteries? The Supreme Court of India addressed this crucial question in a case involving the procurement process for the Indian Navy. The court’s decision clarifies the importance of adhering to established defense procurement policies, especially for critical and specialized equipment.

Supreme Court Upholds Defense Procurement Policy for Submarine Batteries: Union of India vs. HBL Nife Power Systems Ltd. (20 January 2016) Read Post »

Tender Process and CVC Guidelines: Supreme Court Decision in Haffkine Bio-Pharmaceutical Corp. Ltd. vs. Nirlac Chemicals (27 July 2017)

/ Breach of contract, Central Vigilance Commission Guidelines, Contract Law, Contract Law with Tender Conditions, Deepak Gupta, Judges, Madan B. Lokur, Public Procurement, Transparency in Tenders

Can a tender process be invalidated if Central Vigilance Commission (CVC) guidelines are not followed? The Supreme Court of India addressed this key question in a dispute over a tender for polio vaccine bulk drugs. This case highlights the importance of transparency and adherence to guidelines in government procurement processes. The judgment was delivered by

Tender Process and CVC Guidelines: Supreme Court Decision in Haffkine Bio-Pharmaceutical Corp. Ltd. vs. Nirlac Chemicals (27 July 2017) Read Post »

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