Criminal Law - Transfer of Criminal Case due to Health Condition – Dr. A. Paramasivan, accused in a disproportionate assets case under Sections 109 IPC and Sections 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988, seeks transfer of his case citing a serious health condition (Adenocarcinoma) and inadequate opportunity to cross-examine witnesses due to rapid trial progressio...
Senior Citizens Act, 2007 - Section 23(1) - Constitutional validity - Challenge to the constitutional validity of Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section restricts the applicability of the provision only to gifts of property made by a senior citizen after the commencement of the Act - Petitioner seeks removal or striking down of the...
Mines and Minerals – Sale of Iron Ore – The Supreme Court granted permission to the applicants to sell the already excavated iron ore stock-pile at various mines and stock yards located in the Districts of Bellary, Tumkur, and Chitradurga in the State of Karnataka without having to resort to the process of e-auction. Permission was also granted to the applicants to enter into direct co...
Review Petition - Maintainability - Parties - Impleadment of parties - Whether the review petitioners were necessary parties before the writ court or the appellate court - Validity of office communication challenged in writ petitions - No challenge to seniority list or rights of specific incumbents - Private persons voluntarily impleaded themselves as respondents - Sufficient representation - Revi...
Service Law - Increment Entitlement after Retirement – Government servants retiring on June 30th entitled to increment due on July 1st – Petitioners, retired government servants, seeking increment and consequential benefits – Reliance on judgments of various High Courts and the Supreme Court affirming this entitlement. [Para 3, 5.1, 5.2]
Legal Position on Grant of In...
Criminal Law – Remission of Sentence – Judicial Review – The Court has the power to review the government's decision regarding the acceptance or rejection of an application for remission under Section 432 of the CrPC to determine whether the decision is arbitrary in nature. While the government has discretion to suspend or remit sentences, it cannot exercise this power arbitr...
Promotion Process - Principle of 'Merit-cum-Seniority' - Petitioners challenged the promotions made by the High Court of Gujarat under Rule 5(1) of the Gujarat State Judicial Service Rules, 2005 - Alleged misapplication of 'Merit-cum-Seniority' - High Court's promotion process involved a Suitability Test comprising Written Test, Evaluation of Annual Confidential Reports (ACRs),...
Criminal Law – Malicious Prosecution – Quashing of FIR – The Supreme Court addressed the challenge against the High Court's dismissal of a petition for quashing FIR No. 248 of 2022. The FIR involved allegations of financial impropriety and deceit related to a job offer. The court scrutinized the circumstances under which the FIR was lodged, considering the delay in filing, la...
Judicial Power and Authority – Judicial power to cancel a registered instrument, specifically a sale deed, rests with the civil courts, not the Registrar – The impugned circular by the State Government of Jharkhand, vesting the power of cancellation on the Registrar, is legally unsustainable and is set aside – Registration of an instrument entails legal consequences affecting leg...
Passport Issuance and Criminal Proceedings – The Court examined whether the pendency of a criminal case bars the issuance or renewal of a passport – Analyzed Sections 2(e), 3, 5, 6, 7, 10, and 22 of the Passports Act, 1967 and relevant rules – Recognized that Section 6(2)(f) mandates denial of passport if proceedings for an offense are pending in a criminal court in India [Paras ...