19 August 2019

Search Results for Tag : SC


Aadhar card not mandatory(11.08.2015)

The Supreme Court, deciding that citizens are not required to obtain Aadhar cards, directed the government to disseminate the same widely. Save for th.....

Tags : right to privacy, aadhar, government scheme


Collection of fee for preventing illegal activities of unrelated third parties a gambit for preventing manufacturers from exporting industrial alcohol(12.08.2015)

Duty payable for grant of permit to export rectified spirit from the state, favouring buyers of rectified spirit in the state, is a tax not a fee. Fro.....

Tags : excise, rectified alcohol, discourage export


Certification as Scheduled Caste by becoming 'resident' does not give benefit of reservation in education(13.08.2015)

The Court held that merely by residing in a Union Territory to become 'resident', an immigrant from another State cannot gain benefits from a Presiden.....

Tags : Scheduled caste, resident, education, reservation


Court dismisses petition against Devendra Fadnavis for not disclosing imprisonable offences in nomination(19.08.2015)

Determining an application against a petition against Devendra Gangadhar Fadnavis, Chief Minister of Maharashtra, for not having disclosed pending cha.....

Tags : Election, material fact, disclosure, nomination


Recommendation of select committee for appointment cannot be negated without good and plausible reason(11.08.2015)

In a petition against a decision of the State government to not appoint the Petitioner, after her successful selection by the select committee, the Co.....

Tags : Appointment, select committee, discretion, appointing authority


Assessing Officer cannot reopen assessment on erroneous assumptions(15.09.2015)

To reopen a concluded income tax assessment for escaped income, a reason to suspect cannot be a reason to believe, which must be rational and bear a d.....

Tags : Tax, assessment, escaped income, belief


MCI in contempt of court for giving liberty to third party to challenge formal decision of court detracting from undertaking(02.09.2015)

The Court, in a contempt petition against the Medical Council of India and the central government, found the parties guilty, but gave another opportun.....

Tags : Contempt, mci, b.sc, medicine


Essar’s petition for trial with other 2G scam accused dismissed(29.09.2015)

The Supreme Court, dismissing Essar’s plea to be tried with other accused in the 2G scam, held that a Penal code offence could not be tried with a Pre.....

Tags : 2g scam, penal, corruption, trial, together


Lowered education loan criteria for SC/ST students to be decided by RBI and Government(13.10.2015)

Kerala High Court dismissed petitions against the decision of the State Bank of Travancore to not grant the petitioners educational loans for failing .....

Tags : Education, loan, lower, eligibility, scheduled caste


Aadhaar useable for more government schemes; remains voluntary(15.10.2015)

A Constitution Bench of the Supreme Court delivered a succinct verdict on the Aadhaar card, picking up where it previously left off. It allowed the Ca.....

Tags : Aadhaar, voluntary, government schemes


Compact Disc is a ‘document’ under Section 294 CrPC(24.11.2015)

The Supreme Court ruled that a Compact Disc (CD) is a document under Section 294 of the Code of Criminal Procedure, 1973 and courts were not required .....

Tags : proof, recording, admissibility, compact disc, document


Delhi Government order towards 75% quota-free school admissions stayed(04.02.2016)

Delhi High Court restored the management quota in private, unaided schools, after the same had been done away with pursuant to a government order. The.....

Tags : Delhi, school, admissions, management, quota


Protect identities of examiners to ensure fair play(04.02.2016)

The Supreme Court allowed in part appeals questioning the decision of the Kerala High Court that the Respondents were entitled not only to get informa.....

Tags : Rti, disclosure of identity, examiner


States ordered to better compensation for rape vicitims(11.02.2016)

The Supreme Court ordered States and Union Territories to establish uniform compensation for rape victims under the Victim Compensation Scheme. It pre.....

Tags : Victim compensation scheme, uniform, rape


Government cannot fix fees for unaided private schools(29.02.2016)

Constitution of a Fee Committee to fix and collect fees in private schools unaided by government funds is beyond the powers of the government of Puduc.....

Tags : unaided, private school, fixation of fees, puducherry


SC declines rule reserving promotions for SC/ST beneficiaries(11.03.2016)

The Supreme Court dismissed a petition seeking directions to constitute a Committee or appoint a Commission to survey Scheduled Castes and Tribes in s.....

Tags : Reservations, sc/st, promotion, survey


Obscene acts in private place not a ‘public offence’(10.03.2016)

Obscene activities in private place not causing disturbance or disruption to others cannot be taken cognisance of by police under Section 294 of the I.....

Tags : obscene act, private place, cognisance


Government to receive suggestions on protecting children from pornography(26.02.2016)

The Supreme Court directed the Union of India to receive comments on ways and means to curb the viewing of pornography in public places and further st.....

Tags : Pornography, public place, school, sex education


Name of person selling SIM card not required on form(11.03.2016)

Customer Acquisition Forms for acquiring a SIM card, completed at the Point of Sale, do not require the name of the person verifying the document.

Tags : Telecom operator, subscription form, point of sale


Havells wins trade mark battle against upcoming IPO(30.04.2016)

Havells Pvt. Ltd. trade mark infringement suit against a similarly titled company survived dismissal for lacking a fresh cause of action. The suit was.....

Tags : Havells, trade mark, ipo, disclosure


Injured witness’s testimony to not be accepted without scrutiny(03.06.2016)

The Supreme Court cautioned that though an injured witness was “generally reliable”, nonetheless his or her testimony should still be subjected to scr.....

Tags : assault, victim, testimony, scrutiny, contradiction


Inconsistent witness testimony fails to deter SC from relying on it(16.06.2016)

The Supreme Court overlooked discrepancies in the testimony of a prosecution witness, and upheld the conviction on its basis, determining the inconsis.....

Tags : assault, prosecution witness, discrepancy


Children have right to promotion in minority institution up to elementary level(10.06.2016)

Applying the ‘best interest’ principle, Kerala High Court granted an elementary school student benefit of Section 16 of the Right of Children to Free .....

Tags : minority school, elementary, student, promotion, fundamental right


Order to disclose PM’s university degree stayed(01.07.2016)

Gujarat High Court allowed an interim stay of a CIC decision directing Gujarat University to disclose details of Prime Minister Modi’s university degr.....

Tags : university, degree, disclosure, prime minister, narendra modi


Conduct of judicial officer can be used to conclude charge of misconduct(12.07.2016)

The Supreme Court upheld a 2012 judgment of the Gujarat high court that confirmed charges against the Appellant-Civil Judicial Magistrate at Bhuj in h.....

Tags : judicial officer, misconduct, sentencing, customs


Coal India free to exercise ‘consumer choice’ in tender(14.07.2016)

The Competition Commission of India dismissed a complaint alleging abuse of market position against Coal India Limited, holding that Coal India had ‘c.....

Tags : coal india, tender, scientific, samples, consumer, freedom to choose


CCI begins nosing around fishy Uttarakhand alcohol wholesaling(19.07.2016)

The Competition Commission of India ordered an investigation into claims that the State-owned wholesalers in Uttarakhand are indulging in one-sided a.....

Tags : wholesale, india made foreign liquor, uttarakhand, discrimination


Court sponsored rule-flouting? Overloading and absent helmet not considered for contributory negligence(18.07.2016)

A refusal of the Himachal Pradesh High Court to take seriously overloading of two-wheel vehicles and non-wearing of helmet by riders while assessing c.....

Tags : scooter, overloaded, helmet, contributory negligence


Court has to be very cautious in interfering with an appeal unless there are compelling and substantial grounds to interfere with order of acquittal(09.11.2016)

Instant appeal arises out of judgment passed by the High Court of Madhya Pradesh, whereby the High Court has partly allowed the appeal preferred by th.....

Tags : Acquittal, Appellate Court, Interference, Scope


Reasoning or rationing must be accorded by CIC while ordering disclosure of any information(08.11.2016)

Petitioner seeks quashing of order passed by Central Information Commission allowing appeal of Respondent and directing Petitioner to provide informat.....

Tags : Information, Disclosure, Directions


Subsequent sentence can be directed to run concurrently with previous one in a case where prosecution is based on single transaction, even if, different complaints in relation thereto have been filed(28.10.2016)

Instant appeals called in question judgment passed by High Court of Delhi in Criminal Revision Petition, sustaining conviction of Appellant under Sect.....

Tags : Discretion, Sentence, Concurrent


Notice inviting option need not be personally served to employees unless Regulation or any instruction so provides(03.01.2017)

Instant appeal has been filed by PEPSU Road Transport Corporation. Appellate Court took the view that, it was obligatory on part of Defendants to have.....

Tags : Pension scheme, Notice, Option, Service


In commercial matters, judicial interference is warranted only when administrative action of Government is illegal or irrational(03.01.2017)

BLS international services limited, a public limited company, involving itself in providing visa, passport, consular and attestation related services .....

Tags : Tender, Eligibility, Interference, Scope


Authorities acting under Persons with Disabilities Act, 1995, have no power like a Court to pass judgment including directions in nature of injunction(11.01.2017)

By present writ petition, Petitioners, including Petitioner no. 1/Directorate of Education impugns order of Chief Commissioner for Persons with Disabi.....

Tags : Authority, Power, Scope


Employees of private schools in Delhi ought to receive monetary emoluments equal to similarly placed employees in government schools(17.01.2017)

By present writ petition, Petitioners who are admittedly employees of Respondent no. 1/school, such persons working as Drivers, seek the relief of bei.....

Tags : Salary, Entitlement, Private schools


It is not possible for Supreme Court to scrutinize documents as to its sufficiency or otherwise(31.01.2017)

Present appeal by way of special leave impugns final judgment passed by High Court whereby High Court allowed the Appeal filed by Respondents and ther.....

Tags : Scheme, Benefit, Eligibility


Inquiring officer and disciplinary authority are different; proceedings must be held in two separate stages(07.02.2017)

Since, 19 April 1988, Petitioner had been working as a bus driver with Respondent. On 10 May 1996, State Transport bus driven by Petitioner collided .....

Tags : Misconduct, Dismissal, Punishment


Minutes of full house of Bar Council should not be disclosed and put in public domain(14.02.2017)

Petitioner impugns orders passed by Central Information Commission directing that, details sought by Respondent no. 2 be put in public domain voluntar.....

Tags : Meetings, Information, Disclosure


There Should be no Impediment in Quashing the FIR, if COURT is Otherwise Satisfied that the Facts and Circumstances of Case so Warrant(20.02.2017)

Present writ petition has been filed by Petitioner, for quashing of FIR No. 604/2016, under Sections 323/354/506/509/34 of Indian Penal Code, 1860 reg.....

Tags : FIR, Quashing, Discretion


Transaction value has to be admitted as assessable value unless proved to be incorrect(07.04.2017)

Appellant imported various automobile parts under cover of Bill of Entry on declared value. Such goods were cleared from Customs after paying customs .....

Tags : Goods, Valuation, Confiscation, Penalty


Enhancement of value based upon weekly average price is held as bad in law(18.04.2017)

In facts of present case, Appellant filed Bill of Entry for import of rough marble blocks imported from Turkey along with other relevant documents. A.....

Tags : Valuation, Confiscation, Penalty


Separate charges for distinct offences must be framed separately and cannot be clubbed together for more than one year(08.05.2017)

Present appeals arise out of three separate judgments of learned Single Judge of High Court discharging three Accused persons namely; Lalu Prasad Yada.....

Tags : Trial, Discharge, Validity


Court has power to direct further investigation in interest of complete and fair investigation(12.05.2017)

Present criminal misc. petition under Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) has been preferred for quashing of FIR registered as w.....

Tags : Investigation, Direction, Scope


Information relating to wages of employees has to be voluntarily disclosed by public authority(11.05.2017)

Appellant sought information regarding M/s. Laxmi Distribution. Specifically, he sought relationship between one Mr. H.B. Singhvi and M/s. Laxmi Distr.....

Tags : Information, Disclosure, Direction


It is not necessary to go into the merits of the case at the stage of framing the charge(07.08.2017)

By present revision, under Section 397 of Code of Criminal Procedure, 1973, Petitioner/State of Goa has challenged the legality of impugned order of d.....

Tags : Insult, Caste, Discharge, Legality


Employment status of a person sought under RTI Act, can be furnished to spouse for purpose of deciding maintenance(02.08.2017)

Appellant had filed RTI application in year 2016, seeking information regarding details of EPF Account No. & EPF Account statement of wife of Appellan.....

Tags : Information, Disclosure, EPF Account


If land holding is not subject to consolidation proceedings then, permission of Settlement Officer is not required before transferring the same.(11.08.2017)

In instant case, admitted facts are that, the suit property was land used as 'Abadi' and was declared 'Chakout' (meaning out of consolidation scheme) .....

Tags : Land, Allotment, Scheme


Entire process of grant of promotion to the eligible officials should be carried out in a completely transparent and objective manner(09.08.2017)

In present case, the Appellant sought information regarding details of total vacancies created in the cadre of Group 'A' (Assistant Commissioner), det.....

Tags : Promotions, Reservation, Information, Disclosure


If an issue stood decided, the benefit thereof must be given to similarly placed persons(31.08.2017)

The present petition has been filed by the Petitioner with prayers for issuance of writ of Mandamus directing the Respondent to allow the Time Bound P.....

Tags : Promotion, Scale, Grant


A mandamus would be issued to only to enforce a legal right(04.09.2017)

The Petitioners have filed the present petition, praying for issue an appropriate Writ, order and/or direction including an order, direction or writ i.....

Tags : Cost Model, Disclosure, Right


Grant of pay-scale of the higher post would be justified only if the employee was actually performing duties of the higher post(25.09.2017)

The present writ petition assails the order passed by the Central Administrative Tribunal, whereby the Tribunal has dismissed the Petitioner's transfe.....

Tags : Pay-scale, Benefit, Grant


High Court may quash the criminal proceeding if possibility of conviction is remote and continuation of proceeding would cause prejudice(10.10.2017)

By the present application, the Applicant Nos. 1, 2 and 3 prayed to quash and set aside first information report lodged by the Applicant No. 1 against.....

Tags : FIR, Quashing, Discretion


In an Appeal proceeding, the onus to prove that denial of information was justified shall be on the CPIO(10.10.2017)

The Appellant vide his RTI application sought information regarding file number relating to amendments made in the Central Excise Act by the Central E.....

Tags : Information, Disclosure, Direction


Advocate shall not stipulate for a fee contingent on results of litigation or agree to share the proceeds thereof(05.12.2017)

Instant appeal has been preferred against order of High Court thereby, High Court declined to quash the proceedings initiated against the Appellant un.....

Tags : Advocate’s fee, Contingency, Litigation, Misconduct


Penalty can be imposed for use of false and incorrect material, Authorities have to prove that person concerned has deceived exchequer for his wrongful gain(04.12.2017)

The Appellant imported Speed Post Parcel at Foreign Post Office. Goods were containing declaration of "Artificial Gift Item". Customs Officers after .....

Tags : Goods, Confiscation, Penalty


Judge must discharge Accused, if on examination of record, there is no sufficient ground for proceeding against him(04.10.2017)

Present petition challenges impugned judgment passed by Additional Sessions Judge, thereby dismissing the same filed by the Petitioner against the ord.....

Tags : Application, Discharge, Grant


Tribunals or Courts cannot direct employer to fill up posts ignoring prescribed procedure for selection and appointment(20.12.2017)

In facts of present case, the Petitioners were holding the certificates issued by the District Rehabilitation Officer, declaring that, they are projec.....

Tags : Appointment, Scheme, Benefit


Court cannot draw adverse inference against accused by invoking Section 106 of Evidence Act unless basic burden to prove the case is discharged by prosecution(15.01.2018)

The Appellant has assailed the judgment of conviction awarded by the Sessions Judge, for the offence punishable under Section 302 of the Indian Penal .....

Tags : Conviction, Validity, Burden, Discharge


Executive Directors are authorized to extend validity of waiting lists of candidates for further period of one year(13.11.2017)

The Petitioner, working as Junior Engineer with Respondent No. 1-the Maharashtra State Electricity Distribution Limited ("the MSEDCL") has approached .....

Tags : Disciplinary proceedings, Pendency, Selection


Applicability of requirement of certificate being procedural can be relaxed by Court wherever interest of justice so justifies(30.01.2018)

In instant Special Leave Petition (SLP), question which arose in the course of consideration of the matter was whether videography of the scene of cri.....

Tags : Crime scene, Videography, Investigation, Evidence


Discretion to grant bail has to be exercised judiciously and in a humane manner and compassionately(23.02.2018)

Present appeal has been filed against the judgment and order of High Court dismissing the Writ Petition filed by the Appellant. The main issue which n.....

Tags : Bail, Grant, Discretion


Statute refers to an actual practice of "Sati" and not to a visual depiction of an imaginary work of fiction portrayed in the film(22.02.2018)

Present writ petition seeks directions to the Central Board of Film Certification, to take "appropriate steps to stop glorification of the practice of.....

Tags : Sati, Glorification, Scenes, Deletion


If FIR, prima facie, discloses commission of an offence, Court does not normally stop the investigation(16.02.2018)

Present petition has been filed by the Petitioners seeking issuance of writ order or direction in the nature of Certiorari quashing the impugned F.I.R.....

Tags : Offence, Disclosure, Investigation


Principle of alternative remedy is a rule of convenience and not a rule of law(27.03.2018)

The Writ Petitioners have moved present court in its extraordinary writ jurisdiction for setting aside the order passed by the Excise Commissioner. By.....

Tags : Confiscation, Validity, Remedy


Merely because pay-scale may have been and remained the same, it cannot lead to conclusion of a conscious parity on principle of equal pay for equal work(11.05.2018)

The Appellant sought a Reference on 24th October, 1979, under the Industrial Disputes Act, 1947 with regard to revision of pay-scale of Security Staff.....

Tags : Award, Pay-scale, Parity


Wrong interpretation of law itself is not misconduct as wrong decision is subject to judicial supervision in an appeal(14.05.2018)

The pivotal issue in this batch of writ petitions revolves around the validity of report dated 30th May, 2008 submitted by the J & K State Accountabil.....

Tags : Report, Misconduct, Validity


The facts which are admitted need not be proved(08.05.2018)

The present appeal is against the order-in-appeal passed by the Commissioner of Customs (Appeals). The Respondent-Assessee imported certain goods and .....

Tags : Confiscation, Penalty, Validity


Bank is precluded from declining benefits of Scheme as same is non-discretionary and non-discriminatory(22.05.2018)

In facts of present case, Petitioner availed a career loan from State Bank of India (the Bank) during 2007 for pursuing pilot training course. The fat.....

Tags : Scheme, Benefit, Entitlement


Bank is precluded from declining benefits of Scheme as same is non-discretionary and non-discriminatory(22.05.2018)

In facts of present case, Petitioner availed a career loan from State Bank of India (the Bank) during 2007 for pursuing pilot training course. The fat.....

Tags : Scheme, Benefit, Entitlement


Mere apprehensions of misuse of information or alleged inconspicuous actions of a citizen cannot take away their righ