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Govts Engaging Temporary Workers For Long Periods Unfair; 'Uma Devi' Judgment Being Misapplied Against Long-Serving Workers : Supreme Court
2 days, 23 hours ago

Govts Engaging Temporary Workers For Long Periods Unfair; 'Uma Devi' Judgment Being Misapplied Against Long-Serving Workers : Supreme Court

Live Law  

The Supreme Court has criticised the practice of government institutions engaging workers on a temporary basis for a prolonged period, which results in the infringement of various labour rights. While allowing the regularisation of certain workers who were employed on a temporary basis for about 14-20 years by the Central Water Commission, a bench comprising Justice Vikram Nath and Prasanna …

Judgment Court Employees Workers Appellants Cat Temporary
IBC | Financial Creditor Can Submit Claim Even If There Is No Default Of Debt : Supreme Court
Trending News
3 days, 11 hours ago

IBC | Financial Creditor Can Submit Claim Even If There Is No Default Of Debt : Supreme Court

Live Law  

The Supreme Court has observed a default is not necessary for a debt to become a financial debt under the Insolvency and Bankruptcy Code, 2016. A bench comprising Justice Abhay S Oka and Justice Augustine George Masih held that under Section 5 of the IBC, any person to whom financial debt is owed becomes a Financial Creditor even if there …

Supreme Court Financial Bank Debt Appellants Person Claim
IBC | Financial Creditor Can Submit Claim Even If There Is No Default Of Debt : Supreme Court
Trending News
3 days, 11 hours ago

IBC | Financial Creditor Can Submit Claim Even If There Is No Default Of Debt : Supreme Court

Live Law  

The Supreme Court has observed a default is not necessary for a debt to become a financial debt under the Insolvency and Bankruptcy Code, 2016. A bench comprising Justice Abhay S Oka and Justice Augustine George Masih held that under Section 5 of the IBC, any person to whom financial debt is owed becomes a Financial Creditor even if there …

Court Bank Appellants Person Claim Default Owed
Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce
4 days, 5 hours ago

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce

Live Law  

The Supreme Court today quashed a domestic cruelty case under Section 498A IPC against the husband's parents which was registered with an ulterior motive by the daughter-in-law to force their son to consent to divorce. The bench comprising Justice BR Gavai and Justice KV Viswanathan was hearing the Appellant's challenge to the Bombay High Court's Aurangabad Bench decision which refused …

Supreme Court Court Cruelty Injury 498A Ipc Appellants
'Dearth Of Super-Speciality Doctors In Dental Science Field': Supreme Court Regularises MDS Admissions
1 week ago

'Dearth Of Super-Speciality Doctors In Dental Science Field': Supreme Court Regularises MDS Admissions

Live Law  

The Supreme Court in a recent order, while directing the issuance of pending degrees to graduates of MDS, observed the 'dearth of Super-Speciality Doctors' in the field of dentistry. The bench of Justice BR Gavai and Justice KV Viswanathan was hearing an appeal filed by MDS graduates, the batch of 2016-19 in the dental colleges of Madhya Pradesh who challenged …

Justice Supreme Court Court Order Dental State High
Caste-Based Insult In Backyard Of Private House Not "Within Public View", No Offence Under S.3 SC/ST Act : Supreme Court
1 week, 6 days ago

Caste-Based Insult In Backyard Of Private House Not "Within Public View", No Offence Under S.3 SC/ST Act : Supreme Court

Live Law  

The Supreme Court recently held that alleged caste-based insult or intimidation that occurred in the backyard of a private house does not qualify as being “within public view” under Section 3 of the SC/ST Act, 1989. They cannot also be termed as public in general.” The Court set aside the order dated November 13, 2019, passed by the Orissa High …

Supreme Court Court House Act Alleged Backyard Appellant
SC grants bail to two men in Delhi Waqf Board money laundering case
1 week, 6 days ago

SC grants bail to two men in Delhi Waqf Board money laundering case

Hindustan Times  

New Delhi, The Supreme Court on Wednesday granted bail to two men arrested in connection with the Delhi Waqf Board money laundering case, taking note of their prolonged incarceration and unlikelihood that the trial would begin in the near future. SC grants bail to two men in Delhi Waqf Board money laundering case A bench comprising Justices Abhay S Oka …

Delhi Board Court Bail Men Case Khan
SC grants bail to eight convicts in 1987 Hashimpura massacre case
2 weeks, 4 days ago

SC grants bail to eight convicts in 1987 Hashimpura massacre case

New Indian Express  

NEW DELHI: The Supreme Court on Friday granted bail to eight convicts in the infamous 1987 Hashimpura massacre case of 38 persons by the personnel of the Provincial Armed Constabulary. A bench comprising Justices Abhay S Oka and Augustine George Masih took note of the submissions of senior advocate Amit Anand Tiwari, appearing for four convicts, that they are suffering …

Court Hashimpura
S. 56 Electricity Act 2003 | 2 Year Limitation Period Not Applicable To Dues Incurred Before Enforcement Of 2003 Act : Supreme Court
1 month, 2 weeks ago

S. 56 Electricity Act 2003 | 2 Year Limitation Period Not Applicable To Dues Incurred Before Enforcement Of 2003 Act : Supreme Court

Live Law  

The Supreme Court held that the liability arising out of the electricity bill dues which accrued before the enforcement of the Electricity Act, 2003 would not be barred by the 2-year old limitation period prescribed under Section 56 of the 2003 Act. On October 13, 2011, the division bench allowed an appeal and quashed the second show cause notice under …

Supreme Court Court Limitation Electricity Act 2003 Act Held Cause
Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence
1 month, 4 weeks ago

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence

Live Law  

The Supreme Court has affirmed the High Court's decision in a criminal appeal filed by an accused against the acquittal of the accused in a murder case. The court held that when the offence was committed in the presence of the accused presence in the privacy of their house, then their failure to offer explanations can be treated as an …

Law Criminal Law Evidence Act S.106 Evidence Act New Delhi
Supreme Court Rules in Favor of Accused in House Robbery Case, Holding That Silence is an Adverse Circumstance
1 month, 4 weeks ago

Supreme Court Rules in Favor of Accused in House Robbery Case, Holding That Silence is an Adverse Circumstance

Live Law  

The Supreme Court has observed that when the offence was committed in the presence of the accused in the privacy of their house, then their failure to offer explanations can be treated as an adverse circumstance against them as per Section 106 of the Indian Evidence Act, 1872. The court held that the presence of the accused at the time …

Law Crime Trial Evidence Act New Delhi
Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity
Trending News
2 months ago

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Live Law  

The Supreme Court has set aside the High Court's decision dismissing an objection to a decree on the grounds of misapplication of provisions. The court observed that procedural irregularity cannot defeat substantive rights and that the party in whose favor a substantial right has been generated cannot be denied the enjoyment of the right because of some mistake, negligence, inadvertence, …

Law Jurisprudence Procedural Irregularity Right New Delhi
Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity
Trending News
2 months ago

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Live Law  

The Supreme Court has set aside the High Court's decision dismissing an objection to a decree on the grounds of misapplication of provisions. The court observed that procedural irregularity cannot defeat substantive rights and that the party in whose favor a substantial right has been generated cannot be denied the enjoyment of the right because of some mistake, negligence, inadvertence, …

Law Jurisprudence Procedural Irregularity Right of Substantive Nature New Delhi
'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
2 months, 3 weeks ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

Supreme Court Court Criminal Allegations Criminal Proceedings Case State
Mere Non-Performance Of Agreement To Sell Doesn't Amount To Offence Of Cheating & Criminal Breach Of Trust: Supreme Court
4 months ago

Mere Non-Performance Of Agreement To Sell Doesn't Amount To Offence Of Cheating & Criminal Breach Of Trust: Supreme Court

Live Law  

The Supreme Court recently observed that mere non-performance of an Agreement to Sell by itself does not amount to the offences of cheating and criminal breach of trust. Quashing a criminal case against three persons for failing to execute a sale despite an agreement to sell a property, the Court observed : A bench of Justice Vikram Nath and Justice …

Court Civil Specific Performance Criminal Sale Payment Cheating
Supreme Court Grants Bail To School Authorities Arrested By MP Police Over Alleged Illegal Fee Hike & Book Sales
4 months ago

Supreme Court Grants Bail To School Authorities Arrested By MP Police Over Alleged Illegal Fee Hike & Book Sales

Live Law  

The Supreme Court granted bail to principals of various schools and officer bearers of the Schools' Managing Committee in Jabalpur who were arrested for allegedly raising the fees and selling the books with different ISBN numbers. “Let the appellants be produced before the concerned Trial Court forthwith, who shall release them on bail, subject to the appellants giving bail-bonds in …

Books Trial School Court Management Bail Allegations
Reserved Category Candidate Can Claim General Category Seat Of Horizontal Reservation Based On Merit : Supreme Court
4 months ago

Reserved Category Candidate Can Claim General Category Seat Of Horizontal Reservation Based On Merit : Supreme Court

Live Law  

The Supreme Court on Tuesday set aside the Madhya Pradesh High Court's order which refused to allow admission of the meritorious reserved category candidates to the unreserved category. The Appellants prayed that the meritorious students of reserved category who have studied in Government Schools must be allotted MBBS seats of unreserved category government school quota before they are released to …

Justice Supreme Court Court Candidates Reservation Reserved Category Appellants
Hong Kong court tosses appeals of assembly verdicts
4 months, 1 week ago

Hong Kong court tosses appeals of assembly verdicts

China Daily  

The Hong Kong Court of Final Appeal dismissed on Monday appeals by former media tycoon Jimmy Lai Chee-ying and six former lawmakers who were seeking to overturn their convictions for participating in an unauthorized assembly during social unrest in 2019. The point of contention in this case was whether Hong Kong's courts should fully or partially follow the judgments of …

Assembly Court Hong Kong Kong Hong Leung Lai
Supreme Court Imposes ₹3 Crore Cost On Bidder for Negligence, Says Greater Care Needed In Public Auctions To Prevent Waste Of Public Funds
5 months, 1 week ago

Supreme Court Imposes ₹3 Crore Cost On Bidder for Negligence, Says Greater Care Needed In Public Auctions To Prevent Waste Of Public Funds

Live Law  

The Supreme Court held that a government auction is a competitive bidding process, and bidders have to exercise a greater than ordinary degree of care to prevent situations that cost the public exchequer heavily in terms of time, effort and expense. On account of the appellant's failure to act with the required degree of care, which has not only had …

Supreme Court Auction Bid Appellant
Absence Of Incriminating Materials, AO Not Empowered To Reopen Assessments In Block Period Of Six Years: Kerala High Court
6 months ago

Absence Of Incriminating Materials, AO Not Empowered To Reopen Assessments In Block Period Of Six Years: Kerala High Court

Live Law  

The Kerala High Court has held that based on the material obtained during the search, the Assessing Officer, who gets the jurisdiction to re-open the assessments, can do so in respect of the individual assessment years comprised in the block period of six years only if the material obtained during the search under Section 132 of the Income Tax Act, …

Tax Court Search Assessment Income Tax Kerala High Court Income
S.494 IPC | Friends/Relatives Can't Be Held To Have Common Intention For Offence Of Bigamy By Mere Presence In Second Marriage: Supreme Court
7 months, 1 week ago

S.494 IPC | Friends/Relatives Can't Be Held To Have Common Intention For Offence Of Bigamy By Mere Presence In Second Marriage: Supreme Court

Live Law  

The Supreme Court, in a recent judgment, held that the charge under the offence of bigamy, punishable under Section 494 of the Indian Penal Code, can be framed only against the spouse to the second marriage. By the mere presence of friends and relatives in the second marriage, it cannot be held that they had the common intention to commit …

Marriage Court Accused Ipc Second Appellants Offence
No Land Acquisition Compensation Determined For 42 Years : Supreme Court Expresses Disappointment With HC For Not Questioning State
7 months, 1 week ago

No Land Acquisition Compensation Determined For 42 Years : Supreme Court Expresses Disappointment With HC For Not Questioning State

Live Law  

The Supreme Court, while deciding a civil appeal, has expressed its disappointment at the Patna High Court's approach, inter alia, for not questioning the State as to why it did not pay compensation to the appellant for forty-two years after acquiring his land. There are many issues arising in this litigation and the High Court should have taken little pains …

Compensation Court Land State High Bench Approach
Employee Appointed Through Valid Process Can't Be Denied Regularization If Performing Permanent Role For Considerable Time: Supreme Court
7 months, 4 weeks ago

Employee Appointed Through Valid Process Can't Be Denied Regularization If Performing Permanent Role For Considerable Time: Supreme Court

Live Law  

The Supreme Court held that procedural formalities cannot be used to deny regularization of service to an employee whose appointment was termed "temporary" but has performed the same duties as performed by the regular employee over a considerable period in the capacity of the regular employee.Setting aside the High Court's decision which had declined to regularize the employment of employees. …

Supreme Court Employees Case Service Employee Court Held Umadevi
Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court
8 months, 4 weeks ago

Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court

Live Law  

The Supreme Court observed that recording only the examination in chief of witnesses without recording their cross-examination is contrary to the law. While the Top Court was hearing the case, it was apprised that the Trial Court recorded the examination-in-chief of 12 prosecution witnesses one after the other on different dates without recording their cross-examination. “Before recording the examination-in-chief of …

Law Supreme Court Trial Court Witnesses Prosecution Recording