3493/2020 (Arising out of SLP (C) No. 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 … Class actions: Supreme Court of Canada upholds the status quo over authorization criteria in Quebec On October 30, the Supreme Court of Canada released its long-awaited decision in Desjardins Financial Services Firm Inc. v. Asselin1 (the “ Asselin decision ”). 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. The fear was that the more time the court took, the more the government would benefit from the status quo. Please see all COVID-19 announcements here. 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. As a matter of law, this is strange. A different view would not only introduce an element of uncertainty and confusion, it would also have the effect of unsettling transactions which might have been entered into on the faith of those decisions. Long ago, this court had underlined this aspect while ruling that long standing or established status quo brought about by judgments interpreting local or status quo brought about by judgments interpreting local or state laws, should not be lightly departed from, even by this Court, in Raj Narain Pandey v Sant Prasad Tewari & Ors 1973 (2) SCR 835 in the following words: “In the matter of the interpretation of a local statute, the view taken by the High Court over a number of years should normally be adhered to and not disturbed. In the meanwhile, the parties shall maintain status quo with regard to the nature, title and possession of the subject matter/land. in the case of Brownsea Haven Properties v. Poole Corpn. 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. The very object and intent of the proviso to Statute No. The court reserved its judgment on December 6, and finally delivered it January 8. Thirdly, and importantly the proviso {to Statute 16.24 (2)} carves out an exception to the main provision, inasmuch as it provides that a teacher whose “date of superannuation does not fall on June 30, shall continue in service till the end of the academic session, that is June 30, following and will be treated as on re-employment from the date immediately following his superannuation till June, 30, following.””. They are aggrieved by an office order dated 21.12.2019 which set out their respective dates of retirement (which were the last dates in the months they attained the age of superannuation, i.e. Find mobile-friendly version of articles from the day's newspaper in one easy-to-read list. Most significantly, the Bench then minces no words to state upfront in para 13 that, “The above analysis would show that the view of the Uttarakhand High Court, as also the Allahabad High Court (now settled by the full bench decision) consistently have been that teachers superannuating are to be treated as re-employed or allowed to continue, in the larger interest of the pupils, has prevailed. They are not usually delivered on the same day of the hearing but some time afterwards. All public lectures and visitor programs are temporarily suspended. 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. CBI names its No.2 Rakesh Asthana in bribery case. The Division Bench placed emphasis and importance on the legislative intent “to cater to the supreme need to not adversely affect the academic activities of the institution and to safeguard the interest of the students.””, Para 4 then brings out that,“The impugned judgment rejected the appellants’ writ petition, holding that Indu Singh (supra) could not be considered as a binding authority. 3493/2020 (Arising out of SLP (C) No. It is not a matter of rule that the same happens everywhere. We have been keeping you up-to-date with information on the developments in India and the world that have a bearing on our health and wellbeing, our lives and livelihoods, during these difficult times. (2) No extension in service beyond the age of superannuation shall be granted to any teacher after the date of commencement of these statutes. It is questionable what, precisely, does it really mean for the Supreme Court to “reinstate” him midway through January. Supreme Court in judgment titled Navin Chandra Dhoundiyal vs. State of Uttarakhand in Civil Appeal No. In response to a transfer petition filed by the RBI, the Supreme Court today issued a status quo order. Statute No. It is possible to re-watch judgment hand-downs on this site. However, we have a request for those who can afford to subscribe: please do. 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. "Suppose the Supreme Court holds the entire exercise to be completely ultra vires the Constitution, then it is a nullity. 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. In the Aadhaar challenge, for example, the case was finally heard six years after it was filed, effectively allowing the government to present a fait accompli to the court. The status quo is not a status quo as on the date of inventory but the status quo as of September 15, 1988. The Division Bench was of the opinion that whenever the superannuation of an employee falls within the month of June, in that event, his or her retirement would stand extended till the end of June of that particular month. When a status quo order is passed by the High Court or the Supreme Court, then the Respondents are required to maintain the position as on the date of order. The interim order is significant as it means that it preserves the status quo … That statute reads as follows: “16.24 (1) The age of superannuation of a teacher of the University, whether governed by the new scale of pay or not shall be sixty-five years. If a court orders maintain the status quo on the property it means that two components of the property that comes under the purview of status quo one is the possession and other is the title. The final judgement in the Ayodhya dispute was declared by the Supreme Court of India on 9 November 2019. (Provided further that such physically and mentally fit teachers shall be reappointed for a further period of two years, after June 30, following the date of their superannuation as were imprisoned for taking part in freedom struggle of 1992 and are getting freedom fighters pension), Provided also that the teachers who were re-appointed in accordance with the second proviso as it existed prior to the commencement to the Kumaun University (Twenty-third amendment) First Statute, 1988 and a period of one year has not elapsed after the expiry of the period of their reemployment, may be considered for re-appointment for a further period of one year.””, It is then stated in para 3 that, “Appellants were aggrieved by the office order dated 21.12.2019 and approached the Uttarakhand High Court in writ proceedings. As we fight disinformation and misinformation, and keep apace with the happenings, we need to commit greater resources to news gathering operations. This, once again, is familiar: in the Supreme Court’s Aadhaar judgment, although private parties were banned from accessing the Aadhaar database, the ambiguity in the court’s holding meant that different parties interpreted the judgment differently — leading to an amendment to the Aadhaar Act that attempts to circumvent the judgment by letting in private parties through the backdoor. The Supreme Court has ordered status quo on the appointment of an administrator of Sri Mahatobora Veerabhadreshwara Temple at Hiriyadka, Bommarabettu Village, Udupi. 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”. A perusal of the Court’s orders reveals the following: on August 26, the court directed that the CVC finish its pending investigation against Mr Verma, under the supervision of a retired Supreme Court judge. Judgments are delivered orally by Justices in the courtroom. It was a question that, when the court finally got around to it, took it no more than eight pages to answer. Status quo means the the position remain as it is. Within a month of the demolition, the Allahabad High Court allowed for darshan at the makeshift temple. To enable wide dissemination of news that is in public interest, we have increased the number of articles that can be read free, and extended free trial periods. 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. In writ petition (c) a judge has the authority to issue a status quo order to prevent anyone from taking any action until the matter can be heard and resolved by the court. The Attorney-General, on the other hand, argued that the committee’s role was purely recommendatory, that the power vested with the Central government, and that in any event Mr. Verma had not been “transferred”. Provided that a teacher whose date of superannuation does not fall on June 30, shall continue on service till the end of the academic session, that is June 30, following and will be treated as on re-employment from the date immediately following his superannuation till June 30, following. 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”? 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 The appellants relied on Statute No. They had relied on a previous judgment of the Division Bench of the High Court – Dr. Indu Singh v. State of Uttarakhand 2017 SCC Online 1527. 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. In the absence of any such move, the departure from the prevailing understanding through a discordant judgment, as the impugned judgment is, injects uncertainty. The Supreme Court Monday ordered status quo as of today in the Essar insolvency case. You have reached your limit for free articles this month. The Division Bench said that Statute No. 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. It is not appropriate, however, for a Constitutional Court that is tasked with providing clear answers to the legal questions before it. 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. 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. The question was a straightforward one, because it required the court to interpret three legal instruments: the Delhi Special Police Establishment (DSPE) Act (that brought the CBI into existence), the CVC Act, and the Supreme Court’s own prior judgment in Vineet Narain. This can be illustratively explained by the following two examples: It was not for the court to then direct the committee to consider the case against Mr. Verma. 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. That apart, this court is also of the opinion that if the state or the university wished to depart from the prevailing understanding, appropriate measures could have been taken, putting all the concerned parties to notice, through amendments. The fear was that the more time the court took, the more the government would benefit from the status quo. 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. *Our Digital Subscription plans do not currently include the e-paper, crossword and print. The words used “of the end of the academic session”, was held to be “misleading”. Understanding Panipat 1761 through rare paintings, Watch | Indonesia's trash tracking satellites can help tackle marine pollution, 1.7 million deaths in India were attributable to air pollution in 2019, says study, Indian TikTok clone gets Google, Microsoft backing in $100 mln fund raise, Android should follow Apple’s privacy move, digital rights group says, China's new Long March 8 rocket makes maiden flight, Faridkot farmer cycles 400 km to reach Tikri border with poem of ‘Pash’, Explained: The new coronavirus variant in Britain, Coronavirus | 20 flyers from U.K. test positive as stringent SOPs kick in, Coronavirus | How the new variant quickly accumulated 23 mutations, AMU centenary event | Politics can wait, but development of country cannot: PM Modi, PM Modi awarded ‘Legion of Merit’ by Donald Trump, U.S. President-elect Joe Biden receives COVID-19 vaccine live on television. 16.24 (2.1) – according to the Division Bench, merely provided that if the superannuation were not to fall on June, 30th, the teacher shall continue in the service till end of the academic session i.e. On November 16, the court received the CVC report in a “sealed cover”, and allowed Mr. Verma to respond (also through a sealed cover). 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. The Judgment was delivered by Apex Court Bench comprising of Justice Uday Umesh Lalit and Justice S Ravindra Bhat. A bench headed by Justice R F Nariman said the monitoring committee will continue its work till the case is heard on August 7. (1958) [Ch] 574), there is well-established authority for the view that a decision of long standing on the basis of which many persons will in the course of time have arranged their affairs should not lightly be disturbed by a superior court not strictly bound itself by the decision.””, SC Bench then very rightly holds in para 14 that, “This Court is consequently of the opinion that the impugned judgment is in error. The appellants are entitled, consequently, to continue till the end of the following June on re-employment. A scrutiny of the Supreme Court's judgments makes it clear that the Centre cannot hand over any land, superfluous or not. To put things in perspective, the Bench then points out in para 2 that, “All the appellants are working as Professors in various disciplines, in the respondent Kumaun University (hereafter “the University”). The Supreme Court has, in a lot of cases, under Article 356 done that because the actions of the government were found to be ultra vires." In the meantime, Mr. Verma was restrained from taking “any major policy decisions”. In an interesting, fresh and significant development, the Supreme Court in a latest, landmark and laudable judgment titled Navin Chandra Dhoundiyal vs. State of Uttarakhand in Civil Appeal No. Centre Is Duty Bound to Maintain Status Quo in Ayodhya. 16.24 (2) specifically places an embargo on extension in service beyond the age of superannuation. The Building will remain open for official business. The Supreme Court’s limited remit was to decide that question. Supreme Court in judgment titled Navin Chandra Dhoundiyal vs. State of Uttarakhand in Civil Appeal No. They argued that they were entitled to continue in service, on extension up to the end of June, 2021. The Colorado Supreme Court reversed in both cases. Crossword blog #205 | Love makes the world go round? 3493/2020 (Arising out of SLP (C) No. 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. 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. 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. June, 30th and the same will be treated as re-employment. It’s a support for truth and fairness in journalism. Recent events have confirmed this fear. Enjoy reading as many articles as you wish without any limitations. 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. 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. 1624 (1)}. High Court erred in legitimising mining within 40 metres of boundaries: A.P. 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. It was reported that the Chief Justice was “annoyed” that some of the contents of the “sealed cover” had been leaked. Move smoothly between articles as our pages load instantly. The order of that date states unequivocally "status quo as of today". 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 Supreme Court on Monday ordered status quo on the Delhi High Court's order which had asked the Centre to comply within three months with the apex court's judgement … And if it is a nullity, then status quo ante can be restored. 16.24 applies to the teachers of the university. The Alok Verma Case — or “CBI vs CBI”, as it has come to be popularly known — reveals some of the pathologies that have plagued the Supreme Court’s conduct in recent high-profile cases. The second — which occupied the court through the month of November, and through the now familiar, depressing cycle of “sealed covers” — was the substance of the allegations against Mr. Verma, that the CVC and the government were claiming justified his divestment. 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. Subscribe to The Hindu now and get unlimited access. 10943/2020) along with four other appeals has cogently, categorically and convincingly observed that long standing or established status quo brought about … On November 29, the case was listed for hearing final arguments, which then took place on December 5 and 6. As the Supreme Court itself acknowledged, what was at stake was a “pure question of law”. Effectively, therefore, by mixing up the two questions, the Supreme Court dragged on for months a case that could have been decided within days. 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 … 16.24 is to avoid the disruption caused by discontinuity of service of a teaching staff employee or official mid-session. 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