Supreme Court - The Legal Chamber

Justice Must Be Seen to Be Done: Supreme Court Allows Investigation into CBI Officers’ Conduct

27Oct

By The Legal ChamberNo Comments

Supreme Court

Justice Must Be Seen to Be Done: Supreme Court Allows Investigation into CBI Officers’ Conduct

The Supreme Court upheld the High Court's direction to register an FIR, ruling that if a complaint prima facie discloses a cognizable offence, the police are mandatorily obligated to register it under Section 154 CrPC. A preliminary inquiry report cannot oust this statutory duty or the constitutional court's power to direct an investigation, as its findings are not conclusive. The veracity of the allegations must be tested through a proper investigation. Facts Of The Case: The case originated from two separate writ petitions filed before the Delhi High Court by Sheesh Ram Saini and Vijay Aggarwal. They sought directions for the registration of an FIR against two CBI officers, Vinod Kumar Pandey and Neeraj Kumar, alleging serious misconduct. The allegations against the officers included t...

Landmark Ruling: Supreme Court Clarifies Scope of Judicial Review in Employee Disciplinary Matters

27Oct

By The Legal ChamberNo Comments

Supreme Court

Landmark Ruling: Supreme Court Clarifies Scope of Judicial Review in Employee Disciplinary Matters

This Supreme Court judgment reiterates the limited scope of judicial review in disciplinary proceedings. Courts cannot act as appellate authorities to re-appreciate evidence. The standard of proof is preponderance of probability, not strict evidence rules. Interference is only permissible if the finding is perverse, based on no evidence, or violates natural justice. The Tribunal exceeded its jurisdiction under Section 11-A of the Industrial Disputes Act by doing so. Facts Of The Case: The respondent, Ganganarasimhaiah, was a Sub-Staff employee at Canara Bank's V.G. Doddi branch. An investigation revealed serious irregularities, including unauthorized loans and tampering with bank records. Specifically, it was alleged that he facilitated loans for his wife and father without the man...

Supreme Court Says Failure in Treatment Isn’t Always Negligence :A Landmark Ruling for Doctors

27Oct

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Says Failure in Treatment Isn’t Always Negligence :A Landmark Ruling for Doctors

The Supreme Court held that consumer fora cannot travel beyond the pleadings to construct a new case for the complainant. It emphasized that medical negligence cannot be presumed merely because of an adverse treatment outcome. The Court ruled that the NCDRC overstepped its jurisdiction by basing its finding on antenatal care negligence, which was never pleaded by the complainant, and set aside the order. Facts Of The Case: A patient, Charanpreet Kaur, died from atonic Post-Partum Haemorrhage (PPH) hours after delivering a stillborn child at Deep Nursing Home, Chandigarh, under the care of Dr. Kanwarjit Kochhar. Her husband, Manmeet Singh Mattewal, filed a consumer complaint alleging medical negligence specifically in the post-delivery treatment. He contended the nursing home was il...

Lawyer’s Reputation Restored: Supreme Court Wipes Clean High Court’s “Professional Impropriety” Remark

27Oct

By The Legal ChamberNo Comments

Supreme Court

Lawyer’s Reputation Restored: Supreme Court Wipes Clean High Court’s “Professional Impropriety” Remark

The Supreme Court expunged adverse remarks made by the High Court against an advocate, holding that such observations could have been avoided. The Court considered the possibility of a bona fide omission by the counsel, who was not involved in the connected case, and ruled that the expunction of the adverse comments was warranted in the circumstances of the case. Facts Of The Case: The appellant, an advocate named Siddharth Gupta, filed a writ petition before the High Court of Madhya Pradesh on behalf of his clients. During the proceedings, he relied upon a decision of the Supreme Court in the case of Index Medical College Hospital & Research Centre. The Division Bench of the High Court, in its final order, made adverse observations against the appellant, noting that his conduct "bor...

Supreme Court Rules: Reserved Candidates Who Use Age Relaxation Can’t Switch to General Category

27Oct

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: Reserved Candidates Who Use Age Relaxation Can’t Switch to General Category

The Supreme Court held that reserved category candidates who avail age relaxation are barred from migrating to unreserved vacancies if the governing recruitment rules expressly prohibit it. The Court distinguished earlier precedents, ruling that such an embargo does not violate equality, as the right to be considered for general category posts depends on the specific rules of the recruitment process in question. Facts Of The Case: The case originated from a recruitment drive for Constable (GD) in various Central Armed Police Forces. The employment notification prescribed an age limit of 18-23 years, with a 3-year relaxation for OBC candidates. The respondents, OBC candidates, availed this age relaxation to participate in the selection process. However, they were not selected in the OBC c...

Supreme Court Overturns Conviction, Says Heated Neighbourhood Disputes Don’t Always Amount to Abetment of Suicide

27Oct

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Overturns Conviction, Says Heated Neighbourhood Disputes Don’t Always Amount to Abetment of Suicide

The Supreme Court acquitted the appellant of the charge under Section 306 IPC, holding that mere involvement in neighbourhood quarrels and heated exchanges, without a clear intention to instigate suicide, does not constitute abetment. The prosecution failed to establish that the appellant's acts left the deceased with no option but to commit suicide, thereby lacking the requisite mens rea. Facts Of The Case: The case pertains to an incident on 12.08.2008, where Sarika, a 25-year-old BA student giving private tuitions, set herself on fire and later succumbed to her injuries. Before her death, her statement was recorded, alleging that the appellant, Geeta, her neighbour, had been harassing her for six months over noise disturbances from Geeta's house. The deceased claimed that Geeta repe...

Training is a Must: Supreme Court Judgment on Railway Recruitment and Service Confirmation

16Oct

By The Legal ChamberNo Comments

Supreme Court

Training is a Must: Supreme Court Judgment on Railway Recruitment and Service Confirmation

The Supreme Court held that successful completion of prescribed training, including passing the requisite written test, is a mandatory condition precedent for confirmation in service for direct recruits to Group 'C' non-gazetted railway posts. Failure to clear this training examination validly entitles the employer to terminate services, as it is a fundamental term of recruitment governed by the Master Circular. Facts Of The Case: The case involved Alok Kumar, who was provisionally appointed as a Senior Section Engineer (Trainee) in the Railways after clearing a recruitment examination. His appointment was conditional on the successful completion of a 52-week training program. After 46 weeks of field training, he was sent, along with other trainees, to a three-week General and Subsidiary...

Supreme Court Clarifies: Reserved Candidates Availing Age, Physical Relaxations Can’t Migrate to General Quota

16Oct

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Clarifies: Reserved Candidates Availing Age, Physical Relaxations Can’t Migrate to General Quota

This Supreme Court judgment clarifies that reserved category candidates availing relaxations in age or physical standards are barred from migrating to unreserved vacancies if the governing recruitment rules impose such an embargo. Conversely, relaxations in physical standards based on gender or ethnicity, absent a specific rule, do not automatically preclude such migration. The applicability depends on the explicit provisions of the relevant recruitment rules or office memoranda. Facts Of The Case: The case originated from a recruitment drive initiated by the Railway Protection Force (RPF) in 2013 to fill various ancillary posts. The employment notification provided age and physical measurement relaxations for candidates from SC/ST and OBC categories. A key issue arose regarding candidat...

Proof of Tenancy: Supreme Court’s Key Ruling on Rent Receipts and Title Disputes

16Oct

By The Legal ChamberNo Comments

Supreme Court

Proof of Tenancy: Supreme Court’s Key Ruling on Rent Receipts and Title Disputes

The Supreme Court held that In disputes over landlord-tenant relationships, the Supreme Court clarified that under the Karnataka Rent Act, 1999, the production of rent receipts signed by the landlord constitutes prima facie evidence of the jural relationship. Once this initial burden is discharged, the Rent Controller is justified in proceeding with the eviction case without delving into title disputes, which are beyond its scope. Facts Of The Case: The appellant, H.S. Puttashankara, filed an eviction petition against the respondent, Yashodamma, under the Karnataka Rent Act, 1999, concerning a property in Bengaluru. The appellant claimed to be the landlord, asserting that the property originally belonged to his great-grandfather and devolved to him through a release deed from other legal...

Verified Claim is Key: Supreme Court Distinguishes Between Timely and Belated Homebuyers in Insolvency

16Oct

By The Legal ChamberNo Comments

Supreme Court

Verified Claim is Key: Supreme Court Distinguishes Between Timely and Belated Homebuyers in Insolvency

The Supreme Court held that a homebuyer's claim, once verified and admitted by the Resolution Professional and reflected in the list of creditors, must be honoured as per the plan's provisions for verified claims. It cannot be relegated to a residuary clause meant for belated or unverified claims, as this would misapply the approved resolution plan. Facts Of The Case: The appellants, residents of Bengaluru, booked an apartment in 2010 in the 'IREO Rise (Gardenia)' project developed by M/s Puma Realtors Private Limited. They executed an Apartment Buyer’s Agreement in 2011 and paid Rs. 57,56,684 out of the total consideration of Rs. 60,06,368. The Corporate Debtor failed to deliver possession by the agreed date of November 2013. The appellants initially filed a consumer complaint, which wa...