Registry Cannot Encroach Upon Judiciary’s Exclusive Domain: Supreme Court Reaffirms Dominus Litis Principle

In a significant ruling reinforcing the separation between administrative functions of court registries and the judicial authority of courts, the Supreme Court of India has categorically held that a court registry cannot question a litigant’s decision to implead a particular party nor demand reasons for such impleadment. The Court emphasized that such scrutiny falls exclusively within the judicial domain, not the administrative powers of the Registry.

Continue ReadingRegistry Cannot Encroach Upon Judiciary’s Exclusive Domain: Supreme Court Reaffirms Dominus Litis Principle

GANG RAPE AND MURDER CASE: SUPREME COURT CONVERTS REMAINDER-OF-LIFE SENTENCE TO 25 YEARS

In a recent significant judgment dealing with sentencing principles in heinous crimes, the Supreme Court of India modified the sentence imposed on a convict in a 2019 gang rape and murder case from imprisonment for the remainder of his natural life to a fixed term of 25 years without remission. While upholding the conviction, the Court carefully balanced aggravating and mitigating circumstances, reaffirming the evolving jurisprudence on proportional punishment.

Continue ReadingGANG RAPE AND MURDER CASE: SUPREME COURT CONVERTS REMAINDER-OF-LIFE SENTENCE TO 25 YEARS

SUPREME COURT DIRECTS STATES TO FRAME POLICY ON POLICE MEDIA BRIEFINGS

In a significant step aimed at safeguarding fair trials, protecting individual rights, and ensuring responsible dissemination of information, the Supreme Court of India has directed all States to formulate a comprehensive policy governing police media briefing. The directive comes in light of a detailed Police Manual for Media Briefing submitted by the amicus curiae to the Court.

Continue ReadingSUPREME COURT DIRECTS STATES TO FRAME POLICY ON POLICE MEDIA BRIEFINGS

Compensatory Allowances Must Be Included While Computing Overtime Wages Under the Factories Act, 1948

In a significant reaffirmation of workers’ rights, the Supreme Court of India has held that compensatory allowances form part of the “ordinary rate of wages” for calculating overtime wages under Section 59 of the Factories Act, 1948. The ruling clarifies a long-standing dispute concerning whether allowances such as House Rent Allowance (HRA), Transport Allowance (TA), Clothing and Washing Allowance (CWA), and Small Family Allowance (SFA) should be included while computing overtime.

Continue ReadingCompensatory Allowances Must Be Included While Computing Overtime Wages Under the Factories Act, 1948

Supreme Court Flags Disparity in National Highways Act Acquisitions Compared to Other Land Acquisitions, Urges Centre to Examine

In a significant intervention touching upon property rights and equality in land acquisition, the Supreme Court of India has expressed serious concern over the structural inequities in the compensation mechanism under the National Highways Act, 1956.

Continue ReadingSupreme Court Flags Disparity in National Highways Act Acquisitions Compared to Other Land Acquisitions, Urges Centre to Examine

STATES CANNOT PRESCRIBE QUALIFICATIONS BEYOND UNION LAW”: SUPREME COURT REAFFIRMS CONSTITUTIONAL LIMITS

In a significant judgment reinforcing the federal balance under the Constitution, the Supreme Court of India has held that States cannot prescribe additional or higher qualifications for public posts when the field is already occupied by Union law. The ruling arose from challenges to State-imposed qualifications for the post of Drug Inspector, which went beyond those prescribed under Central legislation.

Continue ReadingSTATES CANNOT PRESCRIBE QUALIFICATIONS BEYOND UNION LAW”: SUPREME COURT REAFFIRMS CONSTITUTIONAL LIMITS

Fire Insurance Claims: Supreme Court Says Cause of Fire Is Irrelevant Unless Insured Acted Deliberately

In a significant ruling on the interpretation of insurance contracts, the Supreme Court of India has clarified that once damage is caused by fire, the origin or trigger of that fire is immaterial, provided the fire was not caused deliberately or wilfully by the insured. The judgment reinforces long-standing principles of insurance law particularly the strict construction of exclusion clauses and the rule that ambiguities must be resolved in favour of the insured.

Continue ReadingFire Insurance Claims: Supreme Court Says Cause of Fire Is Irrelevant Unless Insured Acted Deliberately

MOTIVE INSIGNIFICANT WHEN DIRECT EVIDENCE IN THE FORM OF DYING DECLARATION EXISTS”: SUPREME COURT

In a significant reaffirmation of settled criminal law principles on 15th January, the Supreme Court in State of Himachal Pradesh v. Chaman Lal held that absence of motive is not fatal to the prosecution when there exists clear, cogent, and credible direct evidence, particularly in the form of a dying declaration. The Court restored the conviction of the accused-husband for the murder of his wife, setting aside the Himachal Pradesh High Court’s judgment of acquittal.

Continue ReadingMOTIVE INSIGNIFICANT WHEN DIRECT EVIDENCE IN THE FORM OF DYING DECLARATION EXISTS”: SUPREME COURT

Protects Dishonest Public Servants’: Why Justice Nagarathna Struck Down S.17A Prevention of Corruption Act?

In a significant constitutional development in India’s anti-corruption jurisprudence, Justice B. V. Nagarathna of the Supreme Court delivered a powerful dissenting opinion striking down Section 17A of the Prevention of Corruption Act, 1988. She held that the provision requiring prior government approval before initiating any inquiry or investigation against a public servant for acts done in discharge of official duties is unconstitutional.

Continue ReadingProtects Dishonest Public Servants’: Why Justice Nagarathna Struck Down S.17A Prevention of Corruption Act?

SUPREME COURT STRENGTHENS ENFORCEMENT OF 25% RTE QUOTA IN PRIVATE SCHOOLS: DIRECTS STATES TO FRAME RULES

In a landmark judgment reinforcing the transformative vision of the Right to Education Act, 2009 (RTE Act), the Supreme Court of India has issued comprehensive directions to ensure the effective implementation of Section 12(1)(c), which mandates that private unaided schools reserve 25% of their seats for children belonging to Economically Weaker Sections (EWS) and Disadvantaged Groups (DG).

Continue ReadingSUPREME COURT STRENGTHENS ENFORCEMENT OF 25% RTE QUOTA IN PRIVATE SCHOOLS: DIRECTS STATES TO FRAME RULES