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Supreme Court Of India

Minor Penalty Must Relate Back To Initial Termination Date; Decades Of ‘Apathetic Pen-Pushing’ Can’t Deprive Employee Of Promotional & Pensionary Benefits: Supreme Court

Introduction In a stern indictment of administrative apathy and procedural red tape, the Supreme Court of India held that where a major penalty of removal from service is subsequently modified to a minor penalty, the punishment must relate back to the date of initial termination rather than the date of any subsequent illegal order. A […]

Availability Of Revision Under Section 397 CrPC No Bar To Inherent Powers Under Section 482; Non-Service Of Opportunity Notice Fatal To FERA Prosecution: Supreme Court

Introduction In a significant judgment reaffirming the expansive breadth of the High Court’s inherent jurisdiction and reinforcing procedural safeguards under penal statutes, the Supreme Court of India quashed a 2002 criminal complaint initiated under the erstwhile Foreign Exchange Regulation Act, 1973 (FERA) against Standard Chartered Bank. A Division Bench comprising Justice J.B. Pardiwala and Justice

Supreme Court Quashes Perjury Prosecution Against Advocate & Client Over ‘Typographical Errors’; Holds ‘Wrong Statement’ Does Not Automatically Amount To ‘False Statement’ Under Section 340 CrPC

The Supreme Court of India has categorically ruled that a mere ‘wrong statement’ arising out of inadvertent typographical errors in legal pleadings cannot constitute the basis for directing criminal prosecution for perjury under Section 340 of the Code of Criminal Procedure, 1973 (CrPC). In a significant relief to legal practitioners and litigants alike, a Division

Revisional Jurisdiction Under Section 115 CPC Cannot Be Used To Overturn Concurrent Findings On Bona Fide Requirement: Supreme Court

Introduction In a significant judgment clarifying the boundaries of revisional jurisdiction in rent control matters, the Supreme Court of India has held that High Courts exercising power under Section 115 of the Code of Civil Procedure, 1908 (CPC) cannot act as courts of first appeal to re-appreciate evidence and overturn concurrent factual findings of subordinate

Decoding the Fine Print: Supreme Court Settles Multi-Crore Divorce Dispute Over Child Maintenance

2. At a Glance (TL;DR Summary) 3. The Background (The Facts) The husband and wife finalized their divorce by mutual consent in 2015, signing a detailed financial settlement agreement. This agreement contained three critical clauses regarding how the husband would financially support their son. Clause 8 required the husband to pay a massive total lump

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Supreme Court Orders Status Quo in Rs 1,000 Crore Mumbai Slum Redevelopment Dispute; Directs NCLT to Expedite Oppression & Mismanagement Hearing

The Supreme Court of India modified an order of the National Company Law Appellate Tribunal (NCLAT) that had limited interim protection to merely one month in a high-stakes corporate dispute over a Rs 1,000-crore slum redevelopment project in Mumbai. Recognizing the imminent threat of asset alienation, the Court directed the parties to maintain a strict

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Supreme Court Directs CAG to Appoint PwD Candidates as Auditors; Orders Creation of Supernumerary Posts if Vacancies Filled

The Supreme Court of India directed the Comptroller and Auditor General (CAG) and the Staff Selection Commission (SSC) to appoint two Persons with Benchmark Disabilities (PwBD) to the post of ‘Auditor’. The candidates were initially rejected on the ground that the post was unsuitable for their specific disabilities. However, relying on a 2021 Government Notification

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Supreme Court Quashes Police Constable’s Dismissal Under Article 311(2)(b); Holds Mere ‘Presumption’ of Threat to Witnesses Cannot Justify Dispensing With Departmental Inquiry

A comprehensive analysis of Manohar Lal v. Commissioner of Police & Ors., where the Supreme Court of India reinforced the strict parameters for bypassing regular disciplinary procedures under the Constitution. The Supreme Court of India set aside the dismissal of a Delhi Police Constable whose services were terminated without a regular departmental inquiry under Article