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SC:
Candidates belonging to the OBC category, having more marks than the general category
candidates appointed, were entitled to the appointment in the general category and the seats
reserved for OBC category were required to be filled in from and amongst the remaining
candidates belonging to the OBC category.- SC: The
'Group of Companies' doctrine can be extended to bind even the nin-signatories of an
arbitration agreement.
- SC: Observes that IBC does not expressly
bar the corporate debtor from instituting civil proceedings during the moratorium.
- SC: The
definition of 'gang' under the Gangsters Act does not engulf plurality of offence for the Act
to be invoked. Thus, even a single crime committed by a 'gang' is sufficient to attract the
Act.
- SC upheld
the principle that natural heir who does not support their parents, would not be entitled to
inheritance. A person who supports the person until their death could inherit the properties
of that person.
- SC:
Parliament is constitutionally obligated to provide protection and clarity wrt the status of
the individuals who have been forced to chose one among the newly reorganized states; such
obligation stems from reading Art 1, 14, 15, 341 and 342.
- In the
matter, a cheque was issued allegedly as a security and not in discharge of legally
recoverable debt. The Court held that the quashing Court should be cautious in prematurely
extinguishing the case esp. where the evidence has not been appreicated by the Trial
Court.
- In the
matter, land was acquired but the State could not show any acquisition proceedings or transger
of rights under law; State claimed it was voluntary surrender of rights for no consideration.
Court held that the State cannot deprive compensation as per Art.300A.
- SC
analysed the law regarding ambiguous terms in commercial contracts, and held that as per rule
of contra proferentem, an ambiguous term in an insurance contract is to be construed
harmoniously.
- SC: The
opinion of the presiding judge is important while decisiding upon remittance; however, such
opinion must be accompanied by reasons.
- SC: Only
contradictions in material particulars and not minor contradictions can be a ground to
discredit the testimony of the witnesses.
- SC:
Teachers in 100% Government aided private educational institutions in MP are entitled to
superannuation age of 65 years along with all consequential and monetary benefits.
- SC: Where
teacher in a govt-aided school was prevented to complete term till 65 years, the teacher is
entitled to the benefit of enhanced age of superannuation.
- SC: When
a conscious decision has been taken by the Disciplinary Authority, the same cannot be
interfered with by the High Court under Art.226.
- SC: In the
matter concerning a suspected dowry-death, it was held that 'soon before her death' in S.304B
of IPC ought to be interpreted to mean proximate, and does not necessarily mean ' immediately
prior to her death'.
- SC: Quashing a
criminal complaint on the ground that it has been promoted by political vendetta might result
in injustice.
- SC: When the
actual possession of the land has not been taken, the Government may withdraw from the
acquisition in the larger public interest.
- SC:
Doctors may only provide the best medical assistance available to them; merely because they
could not save the patient would not make a fit case of post-operative medical negligence.
- SC: Any
appointment made in contravention to statutory provisions is void ab initio. Further, mere
dismissal of an SLP does not mean the view of the HC has been approved by the SC.
- Supreme
Court upheld compensation awarded by the consumer forum for non-deployment of airbags, which
included also punitive damages awarded as a deterrent effect; it is within the jurisdiction of
the forum to mould reliefs claimed, provided relief is within stipulation of S.14(1).
- SC: The
rule that the employees cannot dispute their date of birth near the end of their tenure
extends also to the employers.
- Ancestral
property cannot be gifted without consent of all coparceners.
- SC: In the
event that there is no waiting list, a candidate can’t claim an appointment to unfilled posts.
- SC:
Arbitral Tribunal cannot pass an order for application u/s 17 of Arbitration Act where dispute
pertaining to the liability of rental amount is yet to be considered by the Court.
- SC: A
predeposit of 75% of the awarded amount under Section 19 of the MSMED Act, 2006 is required to
challenge the arbitral award.
- SC: Where
the cause of action has arisen wholly in a particular place where the workman worked, the
termination will have to be challenged at the same place.
- The
accused after having been in custody for 17 years was released by the court because he was
proved to be a juvenile at the time of commission of murder.
- Obtaining
degree in a subject branch does not make a requisite qualification as having degree in the
whole subject.
- Right of
the parties must be determined on the date when the lis commences.
- Nothing
Has To Be Proved After Vendor Admits Execution Of Agreement & Payment Of Consideration.
- Person
accused of offences under UAPA was granted bail after having been in custody for almost 8
years due to further possible delay in case trial.
- SC: No
citizen has a right to receive foreign donations; it is a matter of policy and the State has
the right to completely prohibit foreign donations in certain cases.
- Ad hoc
payment made in pursuance to interim order by court would not form part of wages under Payment
of gratuity Act 1972 for calculating gratuity.
- Consumer
courts have the power and jurisdiction to direct refund of amount deposited by the consumer
with interest if the consumer chooses so to be done.
- Mere
differential treatment cannot be termed as an anathema to Article 14 of Constitution if the
classification is reasonable.
- Offenders
were released u/s 360 and 361 of CrPC 1973 on the probation of good conduct as they had no
prior criminal antecedents against them.
- SC: AFT
would be justified in interfering with the findings of a court-martial where it seems to be
legally unsustainable and there is any wrong application on the question of law.
- SC:
Rejection of plaint does not restrain the plaintiff to file a suit against the defendant in
accordance with law.
- SC:
Accused cannot be prejudiced by non mention of Section 149 of IPC when the ingredients
sufficing the said section are ex facie visible.
- SC: The
order of eviction of unauthorised occupants was confirmed from the Dhanbad coal mines area and
the impugned order of HC was set aside.
- SC: No
person can sell the property unless such power has been expressly provided for in the Power of
Attorney
- The Supreme
Court of India has issued directions to exclude the period from 15.03.2020 till 14.03.2021 in
computing the period of limitation for any suit,appeal, application or proceeding.
- Supreme Court
while overruling the ADM Jabalpur Case held that the Right of Privacy, an inherent right, be
unequivocally a Fundamental Right embedded in part-III of the Constitution of India.
- In a landmark
judgement, Passive Euthanasia is made permissible in India.
- Supreme Court convicts High
Court Judge for contempt.
- Procedure
for appointment of designated Senior Advocates laid down by Supreme Court of India
- Supreme
Court issues guidelines with respect to the disposal of the bails and trials within a
stipulated time frame.
- Supreme
Court held, Cheque Bouncing cases can be closed even without the consent of the complainant if
the Court is satisfied that the complainant has been duly compensated.
- An
accused is entitled to statutory bail (default bail) under Section 167(2)(a)(2) of Code of
Criminal procedure if the police failed to file the charge-sheet within 60 days of his arrest
for the offence punishable with 'imprisonment up to 10 years'.
- Supreme
Court held, the six month cooling-off period u/s 13 B (2) of Hindu Marriage Act for Divorce by
mutual consent as directory and not mandatory.
- Supreme Court invalidates unilateral
divorce popularly called as the Triple Talaq or Talaq-e-biddat.
- Supreme Court
while declaring sexual intercourse with minor wife (below 18 years) as rape struck down
Exception 2 to Section 375 IPC as arbitrary, capricious and violative of girl child rights
- Compromise in rape cases
cannot be allowed; Supreme Court of India
- There can be no
quashing of an offence registered under Section 304-A and subsequent proceedings, solely on
the basis of a compromise arrived at between the legal heirs/representatives of the victim
(deceased) and the accused; Punjab & Haryana HC.
- Procedure
regarding selection and appointment of law officers in the States of Punjab and Haryana
explained; Supreme Court of India.
- Supreme
Court of India held; Legal profession is not a commercial activity - Running of office by an
Advocate in a building cannot be termed as commercial activity and the electricity rates fixed
for commercial user cannot be charged.
- Madras High Court
held compensation awarded by Motor Accident Claims Tribunal cannot be subjected to TDS and
Income Tax as it cannot be treated as 'income'.
- SC/ST Reservation in
Promotion in Government Service quashed by Madhya Pradesh High Court
- An advocate
cannot be incriminated for filing an affidavit containing false name of the accused.
- Supreme
Court directs State and Private Employers to complete the departmental inquiries within 6
months.
- Writ Petition
against Private Deemed University is maintainable as imparting of Higher Education amounts to
"discharge of public functions"; Supreme Court of India.
- Supreme Court of India
declared that the law on equal right for daughters over ancestral property is prospective in
nature.
- Registration
of FIR is mandatory when a Magistrate orders investigation U/S 156(3) of Cr.P.C; Supreme
Court.
- Supreme Court issues guidelines on
content regulation of government advertising.
- Virus of seeking adjournment has to
be controlled; Supreme Court.
- Supreme
Court explained the procedure for adding and alteration of charge in a case.
- The Hon'ble
Supreme Court overruled the Dashrath Rupsingh Rathod case wrt the territorial jurisdiction for
initiating proceedings emerging from the dishonour of the cheque and held that the place where
a cheque is delivered for collection would determine the place of territorial jurisdiction. It
further gave the Negotiable Instrument Act Ordinance 2015 a Retrospective effect.
- Giving dowry at or
about the time of wedding does not in any way raise a presumption that such property was
entrusted to close relatives of the husband so as to attract Offence under Dowry Act.
- In view of amicable marital settlement
between the parties, the Hon'ble High Court of Madhya Pradesh compounded the offence and
quashed the proceeding even though some of the offences mentioned in the FIR were non
compoundable in nature.
- Sanction from appropriate government under
section 197 Cr.P.C is essential before prosecuting a public servant for the offence committed
by him during discharge of his official duty.
- The
Hon'ble High Court of Madhya Pradesh held that it would be travesty of justice and abuse of
process of law if the relatives of the accused husband are made to undergo the rigmarole of a
criminal trial for the offence u/s 498-A IPC in the absence of specific and credible
allegations with necessary particulars, against them.
- Matter relating to Aadhaar Card referred
to larger bench of Supreme Court. The Apex Court while passing an interim order held that the
production of an Aadhaar card will not be a condition for obtaining any benefits otherwise due
to a citizen and it cannot be used by the authorities for any purpose other than the PDS
Scheme and LPG distribution Scheme.
- The Hon'ble
Supreme Court held that the Facebook page of Traffic Police, Bangalore is a public forum meant
for helping the public to put forth their grievances and the act of posting a comment on the
Facebook page of Government machinery may not attract ingredients of Criminal Intimidation
under section Section 503 Indian Penal Code.
- The Hon'ble Supreme Court declared National Judicial
Appointments Commission (NJAC) as unconstitutional.
- The Hon'ble Supreme Court has held
that it is not necessary for an accused to first file a regular Bail Application before a
Magistrate having jurisdiction, and get it rejected for the purpose of approaching the
Sessions Court or High Court for bail.
- The supreme court stayed the
Bombay High Court's order wherein levy of service tax on lawyers was dismissed.
-
Registration of documents in Madhya Pradesh shall be done only by means of "E- Registration"
through the Department's Electronic Registration System – "SAMPADA"
- The apex court judges
declared Section 66A of the Information Technology (IT) Act, 2000 unconstitutional.
- The Supreme Court held that
condemned prisoners also have a right to dignity and execution of death sentence cannot be
carried out in a arbitrary, hurried and secret manner without allowing the convicts to exhaust
all legal remedies.
- The Negotiable Instruments
(Amendment) Ordinance, 2015 – Specifying the Territorial Jurisdiction of Courts.
- The Black Money (Undisclosed
Foreign Income and Assets) and Imposition of Tax Act, 2015 passed on 26th May 2015 with the
objectives of dealing with the problems and procedures of the black money that is undisclosed
foreign income and assets, and to provide for imposition of Tax on any undisclosed foreign
income and assets held outside India.
- Hon'ble High Court
of Kerela held that in Anticipatory Bail, direction to surrender is illegal.
- Supreme
Court approves centre's Guidelines with respect to the protection of Good Samaritans
(bystanders) who help road accident victims from harassment.
- Supreme
Court issues directions to the Union of India and the States to upload each and every First
Information Report in the official website of the police of all States, as early as possible,
preferably within 24 hours from the time of registration.
- Supreme
Court says that election is a secular exercise and thus seeking vote on the basis of religion,
race, caste, community or language should not be allowed.
- Supreme
Court set aside the ban imposed by the trust, prohibiting women from entering the sanctum
sanctorum of the Haji Ali Dargah as it contravenes Articles 14, 15 and 25 of the
Constitution.
- Dishonour
of a post-dated cheque given for repayment of loan instalment which is also described as
"security" in the loan agreement is covered by Section 138 of the Negotiable Instruments Act,
1881; Supreme Court.
- The
Property developer has to respect the contractual commitment. It has to live up to the terms
of the contract and gain trust so that the people who dream of houses can repose faith in him;
Supreme Court.
- Supreme
Court held that the Municipality is a trustee and must, therefore, ensure that public streets
are not encroached upon. Further, the Municipality cannot lease out any portion of the public
street.
- Decree for restitution of
Conjugal Rights can enforce cohabitation of estranged spouse but it cannot enforce sexual
intercourse; Delhi High Court.
- Supreme Court held that forcing the
husband to leave his dependant parents amounts to cruelty.
