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Supreme Court Rules No Compassionate Job if Retiral Benefits Accepted

15Jan

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules No Compassionate Job if Retiral Benefits Accepted

The Supreme Court ruled that for a missing person, the date of civil death is legally presumed to be after seven years from disappearance, not the date they went missing, as per Section 108 of the Indian Evidence Act, 1872. A court decree declaring death merely recognizes this presumption without fixing an earlier date. This legal presumption is central to claims dependent on establishing the date of death. Facts Of The Case: The case involved a claim for compassionate appointment by Shubham, the son of Gulab Mahagu Bawankule, an employee of the Nagpur Municipal Corporation. Gulab went missing on September 1, 2012. During the period of his disappearance, he was treated as being in continuous service and was duly retired on January 31, 2015. His family received all retiral ben...

Lawyer’s Unconditional Apology Convinces Supreme Court to Delete Adverse Remarks and Penalty

The Supreme Court emphasized the duty of counsel to respect the Court's expressed inclination and maintain decorum. While continuous insistence after the Court indicates its mind is improper, the Bench accepted an unconditional apology in this instance. Accordingly, it exercised its discretion to delete adverse remarks and the costs imposed in the original order. Facts Of The Case: The State Election Commission of Uttarakhand filed a Special Leave Petition in the Supreme Court challenging an interlocutory order of the High Court. The High Court had stayed a clarification issued by the Commission, holding it to be contrary to statutory provisions. During the hearing on September 26, 2025, the Supreme Court repeatedly communicated to the Commission's counsel that the matter did not warrant...

Supreme Court Ruling: Drug Disposal Committee Cannot Overtake Court’s Power to Release Seized Vehicles

The Supreme Court held that the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 do not oust the jurisdiction of Special Courts to grant interim custody of vehicles seized under the NDPS Act. The statutory power of courts under Sections 60(3) and 63 of the NDPS Act, read with relevant CrPC/BNSS provisions for interim release, remains operative independently of the administrative disposal mechanism under the 2022 Rules. Facts Of The Case: The appellant, Denash, is the owner of a lorry (TN 52 Q 0315) which was lawfully hired to transport iron sheets from Chhattisgarh to Tamil Nadu. On 14th July 2024, during transit, police intercepted the vehicle and recovered a total of 6 kilograms of Ganja. The contraband was found concealed benea...