16.24 of the University, applicable to them, contending that they were entitled to continue beyond the last date of the month in which each of them attained the age of superannuation, till the “30th of June following” in terms of that provision. The counsel for Mr. Verma argued that the DSPE Act made it clear that the CBI Director had a guaranteed, two-year tenure, and could not be transferred without the consent of a high-powered committee consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India. In the absence of any such move, the departure from the prevailing understanding through a discordant judgment, as the impugned judgment is, injects uncertainty. Sharma Oli, U.K. cut off as new virus strain sparks fear, இந்து தமிழ் திசை. Yet this pure question of law took six hearings and more than two-and-a-half months to resolve, and yielded an unclear decision where the court agreed with the principal legal contentions of Mr. Verma, but passed a judgment whose ambit left everyone scratching their heads. The very object and intent of the proviso to Statute No. They argued that they were entitled to continue in service, on extension up to the end of June, 2021. in the case of Brownsea Haven Properties v. Poole Corpn. It was not for the court to then direct the committee to consider the case against Mr. Verma. This interpretation of the Act was buttressed by the Supreme Court’s exhortation, in Vineet Narain, that the Director must be protected from political influence. Supreme Court Updates: Rahul Gandhi let off with warning in Rafale contempt case; status quo remains in Sabarimala, but review plea referred to larger bench Supreme Court Verdict Today LIVE Updates: The Supreme Court has dismissed the review petition on its Rafale judgment. On October 26, 2018, a three-judge Bench of the Supreme Court, headed by the Chief Justice of India, was confronted with a straightforward legal question: whether the decision taken by the Central Vigilance Commission (CVC) and the Central government to divest Central Bureau of Investigation (CBI) Director Alok Verma of his powers and functions was legally valid. The Supreme Court Monday ordered status quo as of today in the Essar insolvency case. It is not appropriate, however, for a Constitutional Court that is tasked with providing clear answers to the legal questions before it. We brief you on the latest and most important developments, three times a day. Read Judgment. In response to a transfer petition filed by the RBI, the Supreme Court today issued a status quo order. It’s a support for truth and fairness in journalism. The interim order is significant as it means that it preserves the status quo … It was reported that the Chief Justice was “annoyed” that some of the contents of the “sealed cover” had been leaked. Please see all COVID-19 announcements here. In any event, what exactly is a “major policy decision”? Enjoy reading as many articles as you wish without any limitations. Judicial evasion and the status quo: on SC judgments, Subscribe to Morning Filter & Evening Wrap newsletter. That could only mean September 15, 1988 and there cannot be the state of affairs after five years of that order. The fear was that the more time the court took, the more the government would benefit from the status quo. It is possible to re-watch judgment hand-downs on this site. The Supreme Court’s limited remit was to decide that question. Virus variant: On temporary travel ban from U.K. Nepal in turmoil: On dissolution of Parliament by K.P. Centre Is Duty Bound to Maintain Status Quo in Ayodhya. The Supreme Court has ordered status quo on the appointment of an administrator of Sri Mahatobora Veerabhadreshwara Temple at Hiriyadka, Bommarabettu Village, Udupi. Mr. Verma’s challenge, to recall, was that his divestment was procedurally flawed. As a subscriber, you are not only a beneficiary of our work but also its enabler. A bench headed by Justice R F Nariman said the monitoring committee will continue its work till the case is heard on August 7. 16.24, including the proviso in question, it is clearly apparent that firstly each teacher attains the age of superannuation on completing 65 years {Statute No. Pre-Judgment Status Quo Order Application Use this packet to keep the current schedule and daily routine of the child[ren] from changing until custody or parenting time has been determined. On November 16, the court received the CVC report in a “sealed cover”, and allowed Mr. Verma to respond (also through a sealed cover). The Reserve Bank of India had sought to transfer cases filed in various high courts, against its Feb. 12 circular, to the Supreme Court. A scrutiny of the Supreme Court's judgments makes it clear that the Centre cannot hand over any land, superfluous or not. At this difficult time, it becomes even more important that we have access to information that has a bearing on our health and well-being, our lives, and livelihoods. Therefore, the said concession has been granted only for the month of June.” In other words, the impugned judgment considered Indu Singh (supra) to be limited to holding that the service of an employee or teacher retiring in a given month; would be “extendable only till the end of the month and not more.” The impugned judgment stated that if the appellants were right, every officer would get an extension for a year or so, which could never be the intention of the university or of the government.”, Bench then states in para 9 that, “This Court is of the opinion that on a plain interpretation of Statute No. Judgments are delivered orally by Justices in the courtroom. Below you will find the latest judgment(s) handed down by the Supreme Court. *Our Digital Subscription plans do not currently include the e-paper, crossword and print. Effectively, therefore, by mixing up the two questions, the Supreme Court dragged on for months a case that could have been decided within days. 16.24 [Professor Sri Krishna Khandelwal and Binod Kumar Singh (supra)] too were correctly decided.”, Finally, Bench then concludes in the last para 15 that, “For the foregoing reasons, the impugned judgment and orders of the High Court are set aside. Secondly, no teacher who attains the age of superannuation has a right or entitlement to re-employment; in fact, the opening expression “No teacher” appears to rule out re-employment of superannuated teachers {Statute No. None of these is a legal term, and the lack of clarity only raises the spectre of fresh litigation, thus further hamstringing Mr. Verma for the remainder of his tenure. You have reached your limit for free articles this month. 3493/2020 (Arising out of SLP (C) No. The status quo is not a status quo as on the date of inventory but the status quo as of September 15, 1988. Recent events have confirmed this fear. The first was Mr. Verma’s original challenge to the process of his divestment — that came up before the court in October, and was heard in December. As observed by Lord Evershed in M.R. Statute No. This is “judicial evasion”: the court avoids deciding a thorny and time-sensitive question, but its very refusal to decide is, effectively, a decision in favour of the government, because it is the government that benefits from the status quo being maintained. In high stakes cases, time-sensitive cases, the court must ensure two things: that the judgment is timely, and that the judgment is clear. 16.24 (2) specifically places an embargo on extension in service beyond the age of superannuation. The court's position in the justice system. However, if Mr. Verma was correct in his claim — and the Supreme Court finally held that he was — then the substance of the allegations against him was irrelevant to his legal challenge against his removal. 16.24 applies to the teachers of the university. The Hindu has always stood for journalism that is in the public interest. However, the court then went on to also hold that the correct authority — the high-powered committee — would have to consider the allegations against him, and decide on the case within a week. Recent events have confirmed this fear. If the view that found acceptance with the impugned judgment were to prevail, there would be avoidable disruption in teaching; the likely delay in filing vacancies caused mid-session cannot but be to the detriment of the students. But in absence of a written order being made public on the court website, there is confusion regarding the implications of the apex court order. Mumbai: The Supreme Court on Wednesday ordered status quo in fresh admissions to management courses in the state. 16.24 (2)}. It was also held that Statute No. This can be illustratively explained by the following two examples: All this suggests an attempt to chalk out a “middle ground”, which would be appropriate for a durbaar engaging in informal dispute resolution. Written judgments are generally issued for more complex cases or where they involve questions of law which are of public interest. This is, once again, a reminder that — much like judicial evasion — ambiguity is not neutral: it primarily benefits the party that has the power to exploit it, and that party is invariably the government. Costs, fees, and restitution, the court held, must be “tied to a valid conviction,” 369 P. 3d, at 627–628, absent which a court must “retur[n] the defendant to the status quo ante,” 2013 WL 1760869, at *2. As indicated above, when Mr. Verma approached the court, the legal question was straightforward: were the CVC and the Central government authorised to divest him of his functions as CBI Director? Subscribe to The Hindu now and get unlimited access. The Alok Verma case demonstrates how, when the court fails to do so, it abdicates its role as the sentinel on the qui vive, and allows the government to get away with abuse of law. The court reserved its judgment on December 6, and finally delivered it January 8. 16.24 as in this case) held that those who retire after 30th June are “entitled to continue till the end of the academic year”. This week, on March 3, 2020, the Supreme Court heard oral arguments in Liu v. SEC to determine whether the SEC has authority to seek disgorgement of ill-gotten gains in federal court. The appeals are allowed without any order as to costs.”, हाईकोर्ट की टिप्पणी: सेवानिवृत्ति की कगार पर तबादला अनुचित, वर्तमान जगह पदस्थ रहने दें, हाईकोर्ट का अनोखा फैसला: FIR न लिखने पर कोर्ट ने दी SHO को अनोखी सजा, थाने के सामने की रोड साफ करने का निर्देश: [कोर्ट का आदेश पढ़ें], हरियाणा सरकार का बड़ा फैसला- एक विभाग से दूसरे में बदले जा सकेंगे कर्मचारी, बना कॉमन कैडर, लोगों पर जुर्माना लगाना शुरू करने से पहले दीजिए कलर कोडेड स्टीकर लगाने का समय: दिल्ली हाईकोर्ट का दिल्ली सरकार को सुझाव, This HC stays Govt order dropping 61 cases against Ministers, Legislators, Pakistan Court orders release of man charged in Daniel Pearl killing, This HC adjourns January Cases till April and May due to COVID-19, High Court asks Police to trace ‘missing’ Hindu woman who eloped with Muslim man, HC: Grievance related to election of co-operative society can be called in question under the provision of UP Co-operative Societies Act, 1965 [Read Order], पालघर मॉब लिंचिंग केस: CBI ने 19 लोगों को गिरफ्तार किया; अब तक 248 लोग भेजे जा चुके जेल, 105 जमानत पर बाहर, Govt. Mr R.S Sachar, learned Senior Counsel appearing for the appellant, contended that generally during the pendency of litigation courts protect the status quo existing on the date of the suit and it is only in exceptional circumstances, where irreparable damage is feared, the courts permit change of status quo. Why then did the case take six hearings and two-and-a-half months? The Supreme Court of India ordered the disputed land (2.77 acres) to be handed over to a trust (to be created by Government of India) to build the Ram Janmabhoomi (revered as the birthplace of Hindu deity, Ram) temple.The court also ordered the government to give an alternative 5 … You can support quality journalism by turning off ad blocker or purchase a subscription for unlimited access to The Hindu. As we fight disinformation and misinformation, and keep apace with the happenings, we need to commit greater resources to news gathering operations. 1624 (1)}. 10943/2020) along with four other appeals has observed that long standing or established status quo brought about by judgments interpreting local or state laws, should not be lightly departed from. CBI names its No.2 Rakesh Asthana in bribery case. A one-stop-shop for seeing the latest updates, and managing your preferences. On November 20, the court passed a cryptic order stating that “for reasons that need not be recorded, we are not inclined to afford the parties a hearing today”, and adjourned the case to November 29. What did the court mean when it said that Mr. Verma’s role would be “confined only to the exercise of the ongoing routine functions without any fresh initiative”? In the meanwhile, the parties shall maintain status quo with regard to the nature, title and possession of the subject matter/land. 7. Long standing or established status quo brought about by judgments interpreting local or state laws, should not be lightly departed from, the Supreme Court observed in a judgment … As a matter of law, this is strange. The Supreme Court today ordered the State of Maharashtra not to cut any further trees in Aarey and maintain the status quo till the next date of hearing. We also reiterate here the promise that our team of reporters, copy editors, fact-checkers, designers, and photographers will deliver quality journalism that stays away from vested interest and political propaganda. Supreme Court in judgment titled Navin Chandra Dhoundiyal vs. State of Uttarakhand in Civil Appeal No. Crossword blog #205 | Love makes the world go round? Correspondence The Registrar, Supreme Court of India, Tilak Marg, New Delhi-110001 011-23388922-24,23388942 FAX : 011-23381508,23381584 e-mail : supremecourt[at]nic[dot]in cannot operate like limitation does not apply to it: Sc imposes costs on officers responsible for 462 days delay in SLP, Strength to CPA: Exit deals don’t negate Right to Compensation, rules Supreme Court [Read Order], Plea filed in Apex Court for appointment of Chairperson, Members to Law Commission, Hallmark of great Institutions is they are keener on Justice than merely the Law: CJI Bobde, Supreme Court says irony that no Action ever taken against Officers who sit on File [Read Order], सबरीमाला मंदिर: दर्शनार्थियों की संख्या बढ़ाने के हाईकोर्ट के आदेश के खिलाफ सुप्रीम कोर्ट पहुंची केरल सरकार, Advocate's Day: Remembering eminent Lawyer and First President of India, Dr. Rajendra Prasad; throwing light on Role played by Advocates in Society, RBI’s new Cheque Payment rules set to kick in from January; Here’s all you need to know, Amazon fined INR 25K for not displaying Country Of Origin on Products, After 32 Yrs, Bhartiya Kisan Union implements its Sec 288 against Section 144 at Delhi-Ghaziabad Border, अनुशासनहीनता और काम के प्रति लापरवाही में 16 जजों पर पहली बार एक साथ कार्रवाई: हाईकोर्ट का फैसला, Wife can claim property entrusted to husband even after divorce: HC, SC enunciates: Established status quo brought about by judgments interpreting local or state laws, should not be lightly departed from.