Constitution of India, 1950; Article 32, 226 -Independence and separation of powers – Giving a direction or advisory sermons to the Executive in respect of the sphere which is exclusively within the domain of the Executive or the Legislature would neither be legal nor proper. The Court cannot be permitted to usurp the functions assigned …
The benefit of a personal/promotional pay scale was granted to the appellants by the State of Uttarakhand. The said benefit was withdrawn under a subsequent decision of the State of Uttarakhand. – Order to recover benefits from the appellants who have superannuated was challenged before High Court which dismissed it – Supreme Court dismissed appeal …
Dr. Balbir Singh Bhandari vs State of Uttarakhand 2024 INSC 29 – Service Law Read More »
Summary – Plaintiffs filed a suit for specific performance of agreement to sale – Trial Court dismissed the suit – Appellate Court and High Court decred – Allowing appeal, the Supreme Court held: Even if the case of later payments by the respondents to the appellants is accepted, the same being at great intervals and …
Alagammal vs Ganesan 2024 INSC 28 :: [2024] 1 S.C.R. 374 – Specific Relief Act Read More »
Second National Judicial Pay Commission – Recommendations accepted – Directed the constitution of a Committee in each High Court for overseeing the implementation of the recommendations of the SNJPC as approved by this Court. The Committee shall be called the ‘Committee for Service Conditions of the District Judiciary. – All States and Union Territories shall …
Constitution of India, 1950 ; Article 366(29A)(d) – In every case where the owner of the goods permits another person to use goods, the transaction need not be of the transfer of the right to use the goods. It can be simply a license to use the goods which may not amount to the transfer …
Summary: Madhya Pradesh High Court directed State to treat the students pursuing Post Graduate in Ayurveda stream at par with the students pursuing Post Graduate Course in Allopathy stream – setting aside the HC judgment, held: The nature of duties discharged by the Post Graduate students in Ayurveda stream is not the same as that …
State of MP vs Vijay Kumar Tiwari 2024 INSC 25 – Ayurveda & Allopathy PG Course Read More »
Code Of Criminal Procedure, 1973; Section 432 –In a case where the trial has been transferred by this Court from a court of competent jurisdiction of a State to a court in another State, Government of the State within which the offender was sentenced is the appropriate Government which has the jurisdiction as well as …
Constitution of India, 1950; Article 226 – When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the discretionary remedy under Article 226 of the Constitution of India – Availability of an alternate …
Summary: Supreme Court upheld an order summoning police officers in a corruption case
Criminal Trial – Circumstantial Evidence – While the principle applicable to circumstantial evidence requires that the facts must be consistent with the hypothesis of the guilt of the accused, in the present case the evidence adduced gives rise to doubts, improbabilities and inconsistencies – Referred to Pritinder Singh v. State of Punjab, (2023) 7 SCC …