‘Union Govt Has Power To Abolish State Administrative Tribunal’ : Supreme Court Affirms Abolition Of Odisha Administrative Tribunal

The Supreme Court on Tuesday upheld the notification issued by the Central Government in 2019 to abolish the Odisha Administrative Tribunal. A bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli dismissed the petition filed by the Odisha Administrative Tribunal Bar Association challenging the Orissa High Court’s decision which upheld the abolition of OAT.  …

Supreme Court’s Changing Attitude Towards ‘Sealed Cover’ Procedure

CJI DY Chandrachud made headlines yesterday by refusing to accept the sealed cover note submitted by the Central Government in the matter relating to disbursal of pension arrears to retired defence personnel under the One Rank One Pension (OROP) scheme. Stating that he was “personally averse” to sealed covers, he remarked that the practice of sealed covers was against…

Despite Tall Claims, Large Section Of People Still Living Below Poverty Line: Supreme Court

The Supreme Court on Monday said that there are large sections of people still living below the poverty line despite various “other” claims being made. A Bench of Justices KM Joseph and BV Nagarathna pointed out how the there were several cases of “absolute unemployment” in the country. Pointing to the Respondent, appearing in-person, the Court orally…

PC Act | Constitution Bench Judgment Allowing Circumstantial Evidence Does Not Dilute Requirement Of Proof Beyond Reasonable Doubt : Supreme Court

The Supreme Court recently observed that the Constitution Bench ruling that direct evidence of demand or acceptance of bribe is not necessary for a conviction under the Prevention of Corruption Act 1988 does not dilute the requirement of proof beyond reasonable doubt. Though circumstantial evidence can be relied upon to prove the offence under the PC…

In Labour Cases, Workers Should Furnish Their Own Permanent Address Instead Of Union’s; Service Of Notice Should Be On Worker : Supreme Court

The Supreme Court recently took note of practical difficulties which arise in labour disputes, as most cases of workers are filed through the labour unions without mentioning their own permanent addresses. Hence, in many cases, notices are served on the Union, and if the Union is not interested in pursuing the matter, the affected worker…

Evidentiary Value Of Extra-Judicial Confession Also Depends On Person To Whom It Is Made: Supreme Court

Highlighting the evidentiary value and the circumstances under which extra-judicial confessions can be accepted, the Supreme Court recently acquitted a man who was convicted of double murders under Section 302 of the Indian Penal Code. “Hence, the prosecution’s case about extra¬judicial confession does not inspire confidence at all. Moreover, there are no other circumstances brought…

In Service Jurisprudence, Service Rules Will Prevail Over Conflicting Government Resolutions : Supreme Court

In Service Jurisprudence, Services Rules, which have a statutory effect will prevail and government resolutions can’t be conflict with the rules, the Supreme Court reiterated recently. “In service jurisprudence, the service rules are liable to prevail. There can be Government resolutions being in consonance with or expounding the rules, but not in conflict with the…

Insolvency Resolution Of Company Will Not Extinguish Director’s Liability Under Section 138 NI Act : Supreme Court

The approval of resolution plan of a corporate debtor under the Insolvency and Bankruptcy Code 2016 will not extinguish the criminal liability of its erstwhile director under Section 138 of the Negotiable Instruments Act 1881, held the Supreme Court. A bench comprising Justices Sanjay Kishan Kaul, Abhay S Oka and JB Pardiwala held that the company’s director…