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Supreme Court

Supreme Court Allows Quashing of Criminal Proceedings in Tenant Dispute After Settlement, Imposes Costs on Police for Misconduct. Court quashed complaints under Section 156(3) Cr.P.C. as complainants received compensation and wished to withdraw, but directed six police personnel to deposit Rs. 6 lakhs each in welfare fund for alleged illegal detention, coercion, and demolition without court order.

30 Jan 2024

The dispute originated from a property transaction where the owner sold premises to five purchasers and subsequently died by suicide, leaving a note n...

Supreme Court

Supreme Court Reverses High Court Quashing of Criminal Proceedings Against Public Servant in Forgery Case Due to Lack of Sanction Requirement. The Court Held That Sanction Under Section 197 of the Code of Criminal Procedure, 1973 Is Not Necessary When the Alleged Offence of Creating Fake Documents for Illegal Gain Is Not Committed in the Discharge of Official Duty.

17 Jan 2024

The dispute arose from a criminal complaint lodged by the appellant alleging that the respondent, a village accountant, along with others, created fak...

Supreme Court

Supreme Court Clarifies High Court's Writ Jurisdiction Over Armed Forces Tribunal Orders in Service Matters. The court held that orders of the Armed Forces Tribunal are amenable to challenge under Article 226 of the Constitution, as judicial review is part of the basic structure and Section 14 of the Armed Forces Tribunal Act, 2007 saves such jurisdiction, ensuring litigants have access to justice where alternative appeals are limited.

21 Mar 2023

The judgment addressed a legal conundrum regarding the amenability of Armed Forces Tribunal orders to challenge under Article 226 of the Constitution ...

Supreme Court

Supreme Court Clarifies Armed Forces Disciplinary Powers in Adultery Case - Union of India's Application for Clarification Allowed. The Court held that the decriminalization of adultery under Section 497 IPC does not preclude disciplinary action against military personnel under Sections 45 and 63 of the Army Act, 1950, and similar provisions in other military Acts, as they operate under Article 33 of the Constitution for maintaining discipline.

31 Jan 2023

The Supreme Court addressed a miscellaneous application filed by the Union of India seeking clarification of its earlier judgment in Joseph Shine v. U...

Supreme Court

Supreme Court Dismisses Appeal in CRPF Constable Dismissal Case, Upholding Termination for Concealment of Criminal Case. Termination was justified under Rule 5(1) of Central Civil Services (Temporary Service) Rules, 1965, as appellant suppressed pending criminal case in verification form, despite subsequent acquittal, in a disciplined paramilitary force.

26 Sep 2022

The dispute arose from the termination of a Constable in the Central Reserve Police Force (CRPF) for concealing information about a pending criminal c...

Supreme Court

Supreme Court Allows Father's Appeal for Disinterment of Son's Body in Encounter Case, Upholding Right to Dignified Burial Under Article 21. The court held that the state's arbitrary denial of disinterment, while permitting it for others killed in the same encounter, violated Articles 14 and 21 of the Constitution of India, as the right to life includes the right of next of kin to perform last rites according to religious traditions.

12 Sep 2022

The appeal arose from a dispute over the disinterment of the body of Mohd. Amir Magrey, killed in an encounter between police and militants in Hyderpo...

Supreme Court

Supreme Court Dismisses Union of India's Appeal Against Sentence Modification in Court-Martial Case. General Court Martial Composition Violated Army Rules, 1954, Rule 40(2) and Rule 102, but Armed Forces Tribunal's Sentencing Discretion Under Section 71(e) of Armed Forces Tribunal Act, 2007 Upheld.

23 Mar 2022

The dispute arose from disciplinary proceedings against a retired Lieutenant General of the Indian Army, initiated after an anonymous complaint in 200...

Supreme Court

Supreme Court Dismisses Petition Challenging OROP Policy Implementation for Ex-Servicemen. Periodic Revision Every Five Years Upheld as Not Arbitrary Under Articles 14 and 21 of the Constitution of India.

16 Mar 2022

The dispute arose from a petition under Article 32 of the Constitution challenging the implementation of the One Rank One Pension (OROP) policy for ex...

Supreme Court

Supreme Court Upholds Employer in Modified Assured Career Progression Scheme Dispute Over Application Date. The Court set aside the Delhi High Court's direction to apply the MACP scheme from 01-01-2006, holding that the scheme's effective date of 01-09-2008 under the office memorandum dated 19-05-2009 was valid, and employees not completing 24 years of service by that date were not entitled to benefits under the superseded ACP scheme.

8 Mar 2022

The Supreme Court addressed a batch of appeals concerning the applicability date of the Modified Assured Career Progression Scheme (MACP) introduced b...

Supreme Court

Supreme Court Allows Appeal in Disability Pension Case for Territorial Army Member - Statutory Regulations Override Departmental Denial. Disability Pension Granted Under Regulation 173 of Pension Regulations for the Army, 1961, as Extended to Territorial Army by Regulation 292, Since Disability Was Attributable to Military Service and Assessed at 80%.

7 Mar 2022

The appeal arose from a dispute over the entitlement of a Territorial Army member to disability pension. The appellant, after serving in the Regular A...

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