Supreme Court Relegates Individual Grievances To Armed Forces Tribunal
Individual male and female naval officers have challenged the rejection of their claim for the grant of permanent commission. Alternatively, they have sought pensionary benefits in terms of the directions issued by the Court in the Annie Nagaraja case. The Supreme Court has relegated such cases to the Armed Forces Tribunal. The Court said that the rights and contentions of the parties would be determined by the Tribunal itself.
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Supreme Court Refers EFPO Appeals To 3 Judge Bench
A 2 judge Bench of the Supreme Court comprising of Justice U U Lalit and Justice Ajay Rastogi has referred the appeals filed in the Employees Provident Fund Organization and Union of India case to a 3 judge Bench. The bench said that the interim order passed in the appeals protecting EPFO and the Centre from contempt actions by the High Courts over the non-implementation of their judgments will continue.
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Karnataka HC: Default Bail Not Available For Not Filing Supplementary Chargesheet
The Karnataka High Court has ruled that the supplementary charge sheet is only an additional material collected against the accused persons. The provisions of Section 167(2) of the Cr.P.C. (default bail) cannot be made applicable to it. The case was of Santosh S/o Hari Kadam v. The State of Karnataka. The decision was given by Justice Rajendra Badamikar.
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Supreme Court Issues Notice As To Whether A Defendant Can Seek Injunction In A Suit Filed By Plaintiff Under Order 39 Rule 1 CPC
The Supreme Court has issued a notice in a special leave petition which raised the issue as to whether a defendant in a suit seek injunction under Order XXXIX of the Code of Civil Procedure. Order 39, Rule 1 provides for cases in which temporary injunction may be granted.
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SC: Economic Criterion Cannot Be Sole Basis For Identifying Creamy Layer
The case was of Pichra Warg Kalyan Mahasabha Haryana v. State of Haryana. The decision was given by Justices L. Nageswara Rao and Aniruddha Bose. The Supreme Court observed that economic criterion cannot be the sole basis for identifying the 'creamy layer'. The Bench quashed a notification issued by the State of Haryana specifying the criteria for exclusion of 'creamy layer' within the backward classes.
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Kenyan Court Of Appeals Quotes Landmark Kesavananda Bharati Judgement
One of the hotly contested issues before the Kenyan Court of Appeals in the BBI judgment was whether the Basic Structure Doctrine expounded in the Kesavananda Bharati case by the Indian Supreme Court is applicable in Kenya or not. The majority judges of the seven judge bench held that this doctrine is applicable in Kenya and that the basic structure of the Constitution can only be altered through the primary constituent power.
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