Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Non-compliance of Order of Supreme Court - Memorandum of Settlement (MOS) executed between parties - All parties to MOS were bound to fulfill their respective obligations, as per order of SC - Respondent willfully not fulfilled their obligations which they were required to fulfill under MOS, as such they have..........
Service -- Reservation - Benefit of promotion with consequential seniority - Art.16(4-A) of Constitution enabled State to extend benefit of promotion with consequential seniority by examining adequacy of representation to SC/ST in State services - However, State of Orissa has not made any provision either by way of legislation or by a executive order to extend such..........
Criminal Procedure Code, 1973, Section 439 -- Interim bail - Due to COVID-19 pandemic - Petitioner contended that due to overcrowding in jail, no social distancing is maintained, there is thus, risk not only to him but to other prisoners as well - However, petitioner is in his Cell in isolation and thus, is maintaining social distancing - Second ground urged by petitioner..........
Constitution of India, 1950, Article 72, 32 -- Mercy petition - Death sentence - Rape case - Plea of juvenility - Petitioner earlier also raised the plea of juvenility, which was rejected - Plea has been duly considered and rejected by Courts below - Petitioner is thus, not right in contending that plea of juvenility is not finally determined by Courts below - Other..........
Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (to the Posts in the Civil Services of the State) Act, 2017, Section 3, Constitution of India, 1950, Article 16, 145, Supreme Court Rules, 2013, Order 12, Rule 3 -- Promotion - Reservation - Scheduled caste and scheduled tribe candidate - Act of 2018 declared valid by..........
Medical education - - Pharmacy - Increase of intake capacity in institutions - ALL India Council of Technical Education Act (AICTE) despite refusal by Pharmacy Council of India (PCI) increased intake capacity of respective institutions, which were not approved by PCI - Supreme Court and respective High Courts vide interim orders have directed to allow those students to..........
Precedent -- Dismissal of case by Supreme Court on ground of delay in filing/no, filing is not a binding precedent...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Adjudication of cases - Considering that misuse of cheques causing frivolous litigation and large number of such cases pending before Courts - Supreme Courts has issued direction to RBI to create new proforma that will include `purpose of payment' alongwith other information - Supreme Court also..........
Criminal Procedure Code, 1973, Section 340, 195(1)(b) -- False evidence - Respondent allegedly stated certain facts which are not accurate in his rejoinder filed in civil suit - However, explanation offered by respondent in his rejoinder seems reasonable - It would be difficult to conclude that respondent had deliberately tried to misled Supreme Court to obtain a..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to executability of decree - Eviction decree - Objection raised on the ground that decree is not executable as subject matter of decree i.e land is sold out by series of sale deeds is not entertainable - However, same would not frustrate decree and make it inexecutable, since decree is still executable by..........
