PHYSICAL PRESENCE NOT NECESSARY IN DOMESTIC VIOLENCE CASES: SUPREME COURT
Case Name: Vishal Shah vs. Monalisha Gupta & Ors.
The Supreme Court ruled that because domestic abuse cases are quasi-criminal and carry no criminal penalties outside of Section 31 of the DV Act, actual attendance is not required. Since the wedlock was not retrievable so apex court granted the divorce to the couple, annulled an extradition order, and declared the appellant’s passport impoundment unlawful.
Legal Provision and Framework:
- Section31 of Protection of Women from Domestic Violence Act, 2005
- Maneka Gandhi v. Union of India (1978) – Principles of natural justice in passport impoundment
- Shilpa Sailesh v. Varun Sreenivasan (2023) – Factors determining irretrievable breakdown of marriage
Source: Supreme Court of India
JOB CONTRACTORS NOT ENTITLED TO PENSION LIKE WORK-CHARGED EMPLOYEES: SC
Case Name: State of Odisha & Ors. vs. Sudhanshu Sekhar Jena (and connected matters)
The Supreme Court decided that, in terms of pension eligibility under the 1992 Odisha Pension Rules, work-charged employees are different from job contractors. Job contractors only receive a portion of the pension credit, whereas work-charged employees receive full credit. The Odisha government was fined ₹1.5 lakh per employee by the court for the delays.
Legal Provision and Framework
- Odisha Pension Rules, 1992 – Rule 18(3) & (6) define pension eligibility for different employee categories
- Prem Singh v. State of UP (2019) – Pension entitlement distinction between work-charged and contractual employees
- Settlement Class-IV Job Contract Employees Union v. State of Orissa (1992) – Precedent on pension calculation for job contract employees
Source: Supreme Court of India
FOREIGNERS TRIBUNAL CANNOT REOPEN CONCLUDED CITIZENSHIP CASES: SUPREME COURT
Case Name: Rejia Khatun @ Rezia Khatun vs. Union of India & Ors.
A Foreigners Tribunal cannot reconsider a closed citizenship case, the Supreme Court said. The Court declared that the government should have appealed the Assam Tribunal’s 2019 verdict, which overturned its 2018 ruling, and that the Tribunal lacked the authority to review its own final determinations.
Legal Provision and Framework
- Foreigners Act, 1946 – Establishes tribunals to determine citizenship status.
- Foreigners Tribunal Order, 1964 – Defines the Tribunal’s jurisdiction and procedures
- Principle of Finality in Judicial Decisions – Tribunals cannot act as appellate bodies over their own orders
Source: Supreme Court of India
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