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Supreme Court Weekly Round Up - Judgments [November 14-19, 2022]
Aishwarya Iyer
10:32 AM, 21 Nov 2022
Read Time:
07 minutes
[Rota System]
The Supreme Court upheld the order passed by the Allahabad High Court, Lucknow Bench that had directed a seniority list to be prepared by applying the rota system to direct recruits and promotees appointed in one recruitment year. The top court held that the seniority cannot be given on retrospective basis when an employee has not even been borne in the cadre and by doing so it may adversely affect the employees who have been appointed validly in the meantime.
Bench:
Justices B.R Gavai and B.V Nagarathna
Case Title:
AMIT SINGH vs. RAVINDRA NATH PANDEY & ORS. ETC.
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here
to read more
[Bail Cancellation]
The Supreme Court recently held that cancellation of bail cannot be ordered merely for any perceived indiscipline on the part of the accused before granting bail. "In other words, the powers of cancellation of bail cannot be approached as if of disciplinary proceedings against the accused and in fact, in a case where bail has already been granted, it's upsetting under Section 439(2) CrPC is envisaged only in such cases where the liberty of the accused is going to be counteracting the requirements of a proper trial of the criminal case", held a division bench.
Bench:
Justices Dinesh Maheshwari and Sudhanshu Dhulia
Case Title
: BHURI BAI vs. THE STATE OF MADHYA PRADESH
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here
to read more
[Kathua Gang Rape]
The Supreme Court held that when an accused commits a heinous and grave crime like rape and thereafter attempts to take the statutory shelter under the guise of being a minor, a casual or cavalier approach while recording as to whether the accused is a juvenile or not cannot be permitted. Court made these observations while setting aside the observations made by the Jammu and Kashmir High Court by which it had affirmed the order passed by the Chief Judicial Magistrate, Kathua holding one of the accused in the Kathua Rape case to be tried as a juvenile.
Bench:
Justices Ajay Rastogi and JB Pardiwala
Case Title:
THE STATE OF JAMMU & KASHMIR (NOW U.T. OF JAMMU & KASHMIR) & Ors. vs. SHUBAM SANGRA
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here
to read more
[SIT to look into missing person's case]
In a case where the minor son of the petitioner had been missing almost for 17 years, the Supreme Court last week directed the State Government of Madhya Pradesh to form an SIT and look into the same. The petitioner, Attu, approached the Supreme Court with the complaint that his minor son Manoj Prajapati, who was at one point in time made accused in FIR registered in 2005 for offences under Sections 354, 506, 294 of IPC, had gone missing.
Bench:
Justices Ajay Rastogi and CT Ravikumar
Case Title:
Attu vs. Sher Singh
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here
to read more
[Heera Gold Scam]
The Supreme Court has fixed November 30th as the last date to receive any claims related to the Heera Gold scam case. The top court passed this order while hearing a plea filed by the investigating agency and the state of Telangana against Heera Gold Exim Pvt. Ltd. for allegedly defrauding its investors. Heera Gold Exim Pvt Ltd allegedly collected investors' money on the promise to pay a 36% dividend return, however, the same was not paid and the investors' money was allegedly duped.
Bench:
Justices SK Kaul and AS Oka
Case Title:
The State of Telangana Represented by Special Officer Vandhana & Ors. vs M/s Heera Gold Exim Pvt Ltd & Ors.
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here
to read more
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