Supreme Court settles procedure for Disciplinary Authority disagreement with Enquiry Officer in service law cases: S.P. Malhotra vs. Punjab National Bank (2013) INSC 451 (4 July 2013)

/ B.S. Chauhan, Disciplinary Proceedings, Judges, Natural Justice, S.A. Bobde, Service Law, Service Law with Punjab National Bank Officers/Employees (Discipline and Appeal) Regulations 1977

Date of the Judgment: 4 July 2013 Citation: (2013) INSC 451 Judges: Dr. B.S. Chauhan and S.A. Bobde, JJ. Can a disciplinary authority impose punishment by disagreeing with the findings of the Enquiry Officer without giving the delinquent employee a chance to respond? The Supreme Court of India addressed this critical question in a service […]

Supreme Court settles procedure for Disciplinary Authority disagreement with Enquiry Officer in service law cases: S.P. Malhotra vs. Punjab National Bank (2013) INSC 451 (4 July 2013) Read Post »

Supreme Court Upholds Price Control on Doxofylline: Union of India vs. Swiss Garnier Life Sciences (2013)

/ Bulk Drug, Drugs (Prices Control) Order, 1995, Drugs (Prices Control) Order, 1995 with Para 2(a), Essential Commodities Act, 1955, Essential Commodities Act, 1955 with Section 3, G.S. Singhvi, Judges, Scheduled Bulk Drug, Sudhansu Jyoti Mukhopadhaya

Date of the Judgment: July 4, 2013 Citation: 2013 INSC 477 Judges: Justice G.S. Singhvi and Justice Sudhansu Jyoti Mukhopadhaya Can the government regulate the price of a drug that is not explicitly listed as a “bulk drug” but is a derivative of one? The Supreme Court of India addressed this question in a case

Supreme Court Upholds Price Control on Doxofylline: Union of India vs. Swiss Garnier Life Sciences (2013) Read Post »

Supreme Court Upholds Conviction in Police Custody Rape Case: Charanjit & Ors. vs. State of Punjab (2013)

/ A.K. Patnaik, Gyan Sudha Misra, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 145, Indian Evidence Act, 1872 with Section 157, Indian Evidence Act, 1872 with Section 35, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 34, Indian Penal Code, 1860 with Section 376, Judges, Offences Against Human Body

Date of the Judgment: July 4, 2013 Citation: (2013) INSC 497 Judges: A. K. Patnaik, J. and Gyan Sudha Misra, J. Can police officers be convicted for raping a woman in their custody? The Supreme Court of India addressed this critical question in a case where police officers were accused of raping a woman while

Supreme Court Upholds Conviction in Police Custody Rape Case: Charanjit & Ors. vs. State of Punjab (2013) Read Post »

Supreme Court Upholds Company Discretion in Voluntary Retirement Schemes: C.V. Francis vs. Union of India (2013)

/ Altamas Kabir, Anil R. Dave, C.V. Francis vs. Union of India, Central Civil Services Pension Rules, Judges, Ranjana Prakash Desai, Rule 48-A, Central Civil Services Pension Rules, Service Law, Voluntary Retirement Scheme

Date of the Judgment: July 03, 2013 Citation: C.V. Francis vs. Union of India & Ors., Special Leave Petition (Civil) No. 31250 of 2011 Judges: Altamas Kabir, CJI, Anil R. Dave, J., Ranjana Prakash Desai, J. Can an employee claim automatic voluntary retirement if the employer does not respond to their application within a specific

Supreme Court Upholds Company Discretion in Voluntary Retirement Schemes: C.V. Francis vs. Union of India (2013) Read Post »

Supreme Court Remands Murder Case for Fresh Hearing: Majjal vs. State of Haryana (2013)

/ Criminal Appeals, Criminal Procedure, G.S. Singhvi, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Ranjana Prakash Desai, Sharad Arvind Bobde

Date of the Judgment: July 2, 2013 Citation: 2013 INSC 476 Judges: Justice G.S. Singhvi, Justice Ranjana Prakash Desai, and Justice Sharad Arvind Bobde. Is a High Court judgment valid if it does not properly analyze the evidence in a criminal appeal? The Supreme Court recently addressed this question in a case where a man

Supreme Court Remands Murder Case for Fresh Hearing: Majjal vs. State of Haryana (2013) Read Post »

Supreme Court Reopens Case on Withdrawal of Office Memorandum: K.C. Bajaj vs. Union of India (2 July 2013)

/ G.S. Singhvi, Government of India (Transaction of Business) Rules, 1961, Government of India (Transaction of Business) Rules, 1961 with Rule 12, Judges, Kurian Joseph, Pension Benefits, Service Law

Date of the Judgment: 2 July 2013 Judges: G.S. Singhvi, J. and Kurian Joseph, J. The Supreme Court is revisiting a case regarding the withdrawal of an Office Memorandum (O.M.) related to pension benefits. The court had previously reserved judgment, but new information has come to light. This information includes discrepancies in previous statements made

Supreme Court Reopens Case on Withdrawal of Office Memorandum: K.C. Bajaj vs. Union of India (2 July 2013) Read Post »

Supreme Court Upholds Conviction in Murder Case: Rafique @ Rauf & Others vs. State of U.P. (2 July 2013)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Code of Criminal Procedure, 1973 with Section 162(2), Dr. B.S. Chauhan, Fakkir Mohamed Ibrahim Kalifulla, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 32(1), Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body

Date of the Judgment: 2 July 2013 Citation: 2013 INSC 495 Judges: Dr. B.S. Chauhan, Fakkir Mohamed Ibrahim Kalifulla, JJ. Can a statement recorded by a police officer under Section 161 of the Code of Criminal Procedure, 1973 be considered a dying declaration? The Supreme Court of India recently addressed this question in a criminal

Supreme Court Upholds Conviction in Murder Case: Rafique @ Rauf & Others vs. State of U.P. (2 July 2013) Read Post »

Supreme Court clarifies charge framing under Section 302 and 304B IPC in dowry death cases: Jasvinder Saini & Ors. vs. State (Govt. of NCT of Delhi) (2013) INSC 477 (2 July 2013)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 216, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304B, Judges, Offences Against Human Body, Ranjana Prakash Desai, T.S. Thakur

Date of the Judgment: 2 July 2013 Citation: (2013) INSC 477 Judges: T.S. Thakur, J., Ranjana Prakash Desai, J. Can a trial court automatically add a murder charge (Section 302 of the Indian Penal Code) in every dowry death case (Section 304B of the Indian Penal Code)? The Supreme Court addressed this critical question in

Supreme Court clarifies charge framing under Section 302 and 304B IPC in dowry death cases: Jasvinder Saini & Ors. vs. State (Govt. of NCT of Delhi) (2013) INSC 477 (2 July 2013) Read Post »

Supreme Court Upholds Uniform Retirement Age for UP Jal Nigam Employees: State of Uttar Pradesh vs. Dayanand Chakrawarty (2013)

/ Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, G.S. Singhvi, Judges, Sudhansu Jyoti Mukhopadhaya, Uttar Pradesh Water Supply and Sewerage Act, 1975, Uttar Pradesh Water Supply and Sewerage Act, 1975 with Section 37(1), Uttar Pradesh Water Supply and Sewerage Act, 1975 with Section 97

Date of the Judgment: July 2, 2013 Citation: 2013 INSC 465 Judges: G.S. Singhvi, J., Sudhansu Jyoti Mukhopadhaya, J. Can a government body create different retirement ages for employees based solely on their source of entry? The Supreme Court of India addressed this crucial question in a case concerning the Uttar Pradesh Jal Nigam. The

Supreme Court Upholds Uniform Retirement Age for UP Jal Nigam Employees: State of Uttar Pradesh vs. Dayanand Chakrawarty (2013) Read Post »

Schizophrenia and Military Service: Supreme Court Orders Review in Disability Pension Case: Veer Pal Singh vs. Ministry of Defence (2013)

/ Armed Forces Tribunal Act, 2007, Disability Pension, G. S. Singhvi, Judges, Mental Health Law, Ranjana Prakash Desai, Schizophrenia, Service Law, Sharad Arvind Bobde

LEGAL ISSUE: Whether a Medical Board’s opinion on a soldier’s mental health condition, specifically Schizophrenia, is final and binding, or if it can be reviewed, especially when there is evidence suggesting the condition might be related to military service. CASE TYPE: Service Law (Disability Pension) Case Name: Veer Pal Singh vs. Secretary, Ministry of Defence

Schizophrenia and Military Service: Supreme Court Orders Review in Disability Pension Case: Veer Pal Singh vs. Ministry of Defence (2013) Read Post »

Supreme Court Overturns Accelerated Promotion in Tamil Nadu Transport Department: P. Dharni vs. Govt. of Tamil Nadu (2013)

/ Eligibility Criteria, General Rules vs Special Rules, Jagdish Singh Khehar, Judges, Motor Vehicles Inspector, P. Sathasivam, Regional Transport Officer, Service Law, Tamil Nadu State and Subordinate Services Rules, Tamil Nadu Transport Department

Date of the Judgment: July 1, 2013 Citation: 2013 INSC 469 Judges: P. Sathasivam, J., Jagdish Singh Khehar, J. (authored the judgment) Can an employee receive an out-of-turn promotion that bypasses established service rules? The Supreme Court of India addressed this question in a recent case, focusing on the conflict between general and special service

Supreme Court Overturns Accelerated Promotion in Tamil Nadu Transport Department: P. Dharni vs. Govt. of Tamil Nadu (2013) Read Post »

Supreme Court Clarifies Jurisdiction in Cheque Dishonor Cases: Nishant Aggarwal vs. Kailash Kumar Sharma (2013)

/ Cheque Dishonor, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 177, Code of Criminal Procedure, 1973 with Section 178, Code of Criminal Procedure, 1973 with Section 179, Jagdish Singh Khehar, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, P. Sathasivam, Territorial Jurisdiction

Date of the Judgment: July 1, 2013 Citation: 2013 INSC 478 Judges: P. Sathasivam, J., Jagdish Singh Khehar, J. Can a court where a cheque is deposited for collection have jurisdiction in a cheque bounce case? The Supreme Court addressed this question in a dispute between Nishant Aggarwal and Kailash Kumar Sharma. The core issue

Supreme Court Clarifies Jurisdiction in Cheque Dishonor Cases: Nishant Aggarwal vs. Kailash Kumar Sharma (2013) Read Post »

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