Supreme Court - The Legal Chamber

Supreme Court Ruling: Judicial Officers with 7 Years’ Combined Experience Eligible for District Judge Post

27Dec

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Ruling: Judicial Officers with 7 Years’ Combined Experience Eligible for District Judge Post

This Supreme Court Constitution Bench judgment reinterpreted Article 233(2) of the Constitution. It held that judicial officers are not barred from applying for the post of District Judge through direct recruitment. The Court clarified that the seven-year practice requirement under Article 233(2) applies only to candidates not already in judicial service, thereby overruling contrary precedents like Dheeraj Mor. Facts Of The Case: The case arose from a batch of petitions challenging the interpretation of Article 233 of the Constitution, which governs the appointment of District Judges. The core dispute was whether a person already in the state judicial service (a Civil Judge) could apply for the post of District Judge through direct recruitment, a stream historically reserved fo...

Supreme Court Denies Specific Performance for Deal Breaching Construction Laws

27Dec

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Denies Specific Performance for Deal Breaching Construction Laws

The Supreme Court held that an agreement mandating construction violating building laws is void and unenforceable. The illegality rendered specific performance impossible under Section 12 of the Specific Relief Act, as the unlawful object was essential to the contract. The Court affirmed that contracts contravening statutory provisions cannot be severed to remove their core illegal purpose. Facts Of The Case: The appellant, Canara Bank, entered into an agreement with the respondent, K.L. Rajgarhia, on 27.12.1984 for the purchase of residential flats to be constructed on a plot in East of Kailash, Delhi. The total consideration was ₹32,07,500, of which approximately 90% (₹28,86,750) was paid upfront. The agreement stipulated the construction and delivery of eight flats and a basement with...

Supreme Court Opens Direct Recruitment for District Judges to In-Service Judicial Officers

25Dec

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Opens Direct Recruitment for District Judges to In-Service Judicial Officers

Supreme Court , This Constitution Bench judgment overruled prior rulings from Satya Narain Singh to Dheeraj Mor, holding that Article 233(2) of the Constitution does not bar in-service judicial officers from direct recruitment to District Judge posts. It clarifies that eligibility is determined at the time of application and requires a combined seven-year experience as an advocate and judicial officer. Facts Of The Case: The batch of matters arose from conflicting interpretations of Article 233 of the Constitution regarding the eligibility of in-service judicial officers (Civil Judges) for direct recruitment to the post of District Judge. The core legal controversy was triggered by the Supreme Court's earlier decision in Dheeraj Mor v. High Court of Delhi (2020), which held that for di...

When a Contract Becomes Void: Supreme Court Explains the Limits of Specific Performance

25Dec

By The Legal ChamberNo Comments

Supreme Court

When a Contract Becomes Void: Supreme Court Explains the Limits of Specific Performance

The Supreme Court held that an agreement to sell flats, which was contingent upon construction violating building bye-laws and the master plan, was unlawful and void under Section 23 of the Indian Contract Act. The Court ruled that specific performance cannot be granted for an illegal contract, and courts cannot rewrite or sever its essential, unlawful terms to make it enforceable. Facts Of The Case: In December 1984, Canara Bank entered into an agreement with K.L. Rajgarhia to purchase residential flats to be constructed on his plot in East of Kailash, Delhi, for ₹32,07,500. The bank paid approximately 90% of the consideration upfront. The agreement specified the construction and sale of eight flats and a basement, with completion required within 18 months. When the defendant failed to ...

Supreme Court Rules Insurance Company Liable for Worker Compensation Alongside Employer

25Dec

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules Insurance Company Liable for Worker Compensation Alongside Employer

The Supreme Court held that under the Employee’s Compensation Act, 1923, an insurer can be made a party and held jointly and severally liable for compensation if the employer's liability is covered by the insurance policy. The Court clarified that Section 19 of the Act empowers the Commissioner to determine the liability of the insurer, ensuring the workman's remedy is effective and not illusory. Facts Of The Case: The case originated from a claim filed by a workman (the second respondent), who was employed as a driver by the appellant, Alok Kumar Ghosh. The workman suffered a disabling injury due to an accident arising out of and in the course of his employment. He filed for compensation under the Workmen’s Compensation Act, 1923, against both his employer (the appellant) and The New In...

Landmark Ruling: Supreme Court Says Natural Justice Violated in Teacher Termination Case

25Dec

By The Legal ChamberNo Comments

Supreme Court

Landmark Ruling: Supreme Court Says Natural Justice Violated in Teacher Termination Case

The Supreme Court held that Rule 21 of the Jharkhand Primary School Teacher Appointment Rules, 2012, applies only to the preparation of a merit list and not to determining eligibility. The termination orders were quashed for violating principles of natural justice, as the appellants were not given notice regarding the exclusion of vocational subject marks. Facts Of The Case: The State of Jharkhand advertised posts for Intermediate Trained Teachers in 2015. The appellants—Ravi Oraon, Premial Hembrom, and Surendra Munda—successfully applied, were selected, and commenced their duties in December 2015. In September 2016, they were issued show cause notices alleging they did not meet the minimum eligibility criterion of 45% marks in their intermediate examination and questioning the validity ...

Society Cannot Evade Decree by Raising Unauthorized Constructions, Rules Supreme Court

24Dec

By The Legal ChamberNo Comments

Supreme Court

Society Cannot Evade Decree by Raising Unauthorized Constructions, Rules Supreme Court

The Supreme Court upheld the enforceability of a cooperative court's decree for specific performance, ruling that subsequent unauthorized constructions and unapproved plot mergers do not render a decree inexecutable. The Court directed the removal of obstructing structures to facilitate the allotment and delivery of vacant possession to the decree-holder, affirming the executability of the award. Facts Of The Case: The appellant, Southern Nagpur Co-operative Society Limited, was directed by the Cooperative Court in a 2000 award to allot Plot No. 5A to its member, respondent Ganpati Yadavrao Kumbhare, a decree upheld in subsequent appeals. During execution proceedings, the appellant society objected, claiming the plot had lost its identity as it was merged with adjoining Plots 4 and 4A in...

Supreme Court Clarifies: Trustees Can Be Sued for Dishonored Cheques, Even If Trust Is Not Named as Accused

24Dec

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Clarifies: Trustees Can Be Sued for Dishonored Cheques, Even If Trust Is Not Named as Accused

This Supreme Court judgment holds that under the Negotiable Instruments Act, 1881, a Trust is not a juristic person capable of being sued. A complaint for a dishonored cheque issued on behalf of a Trust is maintainable against the Trustee who signed it, without needing to array the Trust itself as an accused. The ruling clarifies that vicarious liability attaches directly to the responsible Trustee. Facts Of The Case: The dispute arose from a financial arrangement concerning William Carey University. Facing a crisis, its sponsoring body, ACTS Group, entered an MoU with Orion Education Trust on 12.10.2017 to hand over the university's management. The Respondent, Vijaykumar Agarwal, was Orion's Chairman. In this capacity, he authorized the Appellant, Sankar Padam Thapa, to liaise wit...

Supreme Court: Right to Cross-Examine Survives Even If Written Statement Is Not Filed

24Dec

By The Legal ChamberNo Comments

Supreme Court

Supreme Court: Right to Cross-Examine Survives Even If Written Statement Is Not Filed

The Supreme Court held that the mandatory 120-day period for filing a written statement in a commercial suit was extended by its COVID-19 limitation orders. Crucially, it ruled that even if a written statement is not filed, the defendant’s fundamental right to cross-examine the plaintiff’s witnesses is not forfeited, as procedural rules must serve substantive justice. Facts Of The Case: In 2019, M/s Anvita Auto Tech Works Pvt. Ltd. appointed M/s Aroush Motors as a dealer for CFMOTO motorcycles. The plaintiff invested significant sums in security deposits, showroom setup, and initial stock. The business was disrupted when a government ban on BS-IV vehicles took effect in April 2020, and the defendant failed to supply promised upgrade kits. Consequently, the plaintiff terminated the dealer...

Evidence Wholly Unreliable: Supreme Court Overturns High Court’s Conviction for Power Pilferage

24Dec

By The Legal ChamberNo Comments

Supreme Court

Evidence Wholly Unreliable: Supreme Court Overturns High Court’s Conviction for Power Pilferage

The Supreme Court acquitted the appellant, holding that the prosecution failed to prove the use of "artificial means" for electricity theft under Section 39 of the Indian Electricity Act, 1910, which is necessary to invoke the statutory presumption against the consumer. The evidence was deemed insufficient, speculative, and not beyond reasonable doubt to establish offences under Sections 39 or 44. Facts Of The Case: Officials from the Maharashtra State Electricity Board (MSEB) detected a 36.6% discrepancy between supplied units and meter readings at M/s. Rushi Steels and Alloys Pvt. Ltd. in March 1993. An inspection revealed three holes in the company's meter box. The prosecution alleged that unauthorized wires were inserted through these holes to slow the meter and steal electricity, ca...