Current Affairs

DAILY CUURENT AFFAIRS (12 AUGUST 2024)

by | Aug 12, 2024

SC UPHOLDS REMOVAL ORDER IN DISCIPLINARY CASE

Case Title: The State of Rajasthan & Ors Vs Bhupendra Singh

Recently, the Supreme Court quashed the High Court order removal order on the grounds of natural justice violation and upheld the disciplinary authority actions of removal of Bhupendra Singh. The SC found that removal was based on the evidence and with the due process of law by the disciplinary authority. The Court also said that the punishment is neither arbitrary nor perverse.

Legal Provisions and Framework:

  • Article 311 of the Indian Constitution: deals with the dismissal’s removal and reduction in civil servants under union or state
  • Principles of Natural Justice: states that the process of justice should depend upon fair hearing and unbiased decision-making in disciplinary proceedings.

Source- Supreme Court of India

SC CLARIFIES LIMITATION PERIOD FOR SPECIFIC PERFORMANCE SUITS

Case Title: Usha Devi & Ors. versus Ram Kumar Singh & Ors.

The Supreme Court ruled that the statute of limitations for a specific action runs from the date of the order, not the end of the contract’s validity period. The Court sets aside the simultaneous findings of lower courts, emphasising that the affirmative clause in the contract does not change the effective date for calculating the limitation period, which is three years.

Legal Provisions and Framework:

  • Limitation Act, 1963 – Article 54: Sets a three-year limitation period for specific performance suits from the date fixed for contract performance.
  • Specific Relief Act, 1963: Provides for enforcing contractual obligations through specific performance when damages are inadequate.
  • Contract Law: set the difference between the date of performance and the validity period of agreements.
  • Judicial Precedents: Courts interpret the limitation period based on the contract’s performance date, not the validity clause.

Source- Supreme Court of India

SC DIRECTS AFFECTED RESIDENTS TO GAUHATI HC FOR RELIEF AGAINST EVICTION

Case Title: Shilbhanga (No-Khula Grant) Karkat Bandi Bhumi Punar Sansthapan Dabi Samiti & Ors. vs. Union of India & Ors.

The Supreme Court ruled that local citizens affected by an eviction drive in the Jagiroad Railway Quarry siding area should approach the Gauhati High Court for relief. The Court has clarified this as well that interim relief granted in earlier writ petitions did not apply to those not party to those petitions.

Public Premises (Eviction of Unauthorised Occupants) Act, 1971: Governs the eviction process for unauthorized occupants from public property.

Article 226 of the Constitution: High Court’s power to issue writs for enforcing fundamental rights of individuals and challenging government actions.

Article 14 – Non-Discrimination: Ensures state action that every individual within Indian territory is equal before law, and actions like evictions, are not arbitrary.

Judicial Review: High Courts to ensure compliance with the law and protection of rights.

Source- Supreme Court of India

Also Read- DAILY CUURENT AFFAIRS (9 AUGUST 2024)

Written By Vishakha Khatri

My name is Vishakha Khatri. I am an engineering graduate and a civil service aspirant with a passion for spreading knowledge about Indian polity. I believe that understanding our political system is crucial for every citizen, and I am committed to making this information accessible to everyone in my own easy way. Through my experiences in civil service preparation and my unique perspective as an engineering graduate, I hope to inspire and educate others on the importance of Indian polity.

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