The main question which needs determination is whether part of the scheme mentioned before introduced by the Reserve Bank of India is violative of guarantee of equality before law and of equal opportunity in public employment as enshrined in Articles 14 and 16 of the Constitution. The High Court noted that the point arose at the instance of three petitioners who were Grade II working at Nagpur branch of Reserve Bank ever since their employment which commenced somewhere between 1960 to 1965.… Read More RESERVE BANK OF INDIA AND ORS Vs. C.N. SAHASRANAMAN AND ORS [ALL SC 1986 APRIL]
KEYWORDS:-transfer of a criminal case DATE:-29-10-1986 AIR 1987 SC 1140 : (1987) 1 SCR 91 : (1986) Suppl. SCC 510 : JT 1986 SC 759 : (1986) 2 SCALE 703 (SUPREME COURT OF INDIA) A.R. Antulay Appellant Versus R.S. Naik and others Respondent (Before : E. S. Venkataramiah And Sabyasachi Mukharji, JJ.) Criminal Misc. Petition… Read More A.R. Antulay Versus R.S. Naik and others[ALL SC 1986 OCTOBER]
A number of judgments have been cited including the celebrated Supreme Court judgment in Supreme Court Bar Association v. Union of India & Another, 1998 (4) SCC 409, in which a Constitution Bench of this Court held that Article 142 cannot authorize the Court to ignore the substantive rights of a litigant while dealing with the cause pending before it and cannot be used to supplant the substantive law applicable to the cause before this Court. A large number of other judgments following this judgment were also cited. … Read More STATE (THROUGH) CENTRAL BUREAU OF INVESTIGATION Vs. SHRI KALYAN SINGH (FORMER CM OF UP)[ALL SC 2017 APRIL]
September 6, 2018:-SECTION 377of IPC-Homosexuality-It is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent,… Read More Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]
In order to ensure smooth, consistent, uniform and unvarying functioning of the National Commission, the State Commissions and the District Forums, we deem it appropriate to direct the National Commission to frame comprehensive rules regarding appearances of the agents, representatives, registered organizations and/or non-advocates appearing before the National Commission, the State Commissions and the District Forums governing their qualifications, conduct and ethical behaviour of agents/non-advocates/representatives, registered organizations and/or agents appearing before the consumer forums.… Read More C. Venkatachalam Versus Ajitkumar C. Shah and Others [ALL SC 2011 AUGUST]
We conclude that the National Commission has jurisdiction to decide the dispute between the parties and it is a Court and that there was deficiency in service by the Appellant-carrier.
The question whether free and fair election is possible to be held or not has to be objectively assessed by the Election Commission by taking into consideration all relevant aspects. Efforts should be to hold the election and not to defer holding of election.… Read More Special Reference No. 1 of 2002. [ALL SC 2002 October ]
whether the dissolution of Assembly under Article 356(1) of the Constitution of India can be ordered to prevent the staking of claim by a political party on the ground that the majority has been obtained by illegal means.… Read More Rameshwar Prasad and OTHERS Versus Union of India and ANOTHER [ ALL SC 2006 JANUARY ]
In the writ petition, there is a further challenge to the amendments in Sections 59, 94 and 128 of the RP Act, 1951 by which Open Ballot System is introduced which, according to the petitioner, violates the principle of ‘secrecy’ which, according to the petitioner, is the essence of free and fair elections as also the voter’s freedom of expression which is the basic feature of the Constitution and the subject matter of the fundamental right under Article 19(1)(a) of the Constitution.… Read More Kuldip Nayar Versus Union of India and Ors [ALL SC 2006 AUGUST]
Supreme Court in the case of Smt. Sureshta Devi v. Om Prakash (1991) 2 SCC 25, gives considerable guidance. 33. In Paragraph 8 of the said judgment, this Court summed up the requirement of Section 13B (1) as follows : “8. There are three other requirements in sub-section (1). They are : (i) They have… Read More How to ascertain continuing consent in a proceeding under Section 13B of Hindu Marriage Act
Section 9 of the Guardian and Wards Act, 1890 makes a specific provision as regards the jurisdiction of the Court to entertain a claim for grant of custody of a minor… Read More Ruchi Majoo Versus Sanjeev Majoo [ ALL SC 2011 MARCH]
The court may not have a suo motu power to amend a decree but the same would not mean that the court cannot rectify a mistake. If a property was subject matter of pleadings and the court did not frame an issue which it ought to have done, it can, at a later stage, when… Read More S. Satnam Singh and others Vs Surender Kaur and Another [ALL SC 2008 DECEMBER ]
Keywords:-Justification and propriety AIR 2001 SC 972 : (2001) 1 SCR 959 : (2001) 3 SCC 54 : JT 2001 (2) SC 397 : (2001) 1 SCALE 685 : (2001) CriLJ SC 1157 (SUPREME COURT OF INDIA) In the matter of : ‘K’ a Judicial officer (Before : A. S. Anand, C.J.I., And R. C.… Read More In the matter of : ‘K’ a Judicial officer [ALL SC 2001 February]
Under sub-section (1)(a) of S. 28 there is a mandate to the Arbitral Tribunal to decide the dispute in accordance with the substantive law for the time being in force in India. Admittedly, substantive law would include the Indian Contract Act, the Transfer of Property Act and other such laws in force. Suppose, if the… Read More Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?