Supreme Court - The Legal Chamber

Supreme Court Upholds Rape Conviction, Rules Victim’s Testimony Alone Is Enough

5Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Rape Conviction, Rules Victim’s Testimony Alone Is Enough

The Supreme Court upheld that a rape conviction can be based solely on the sole, credible testimony of the prosecutrix. Corroboration through medical evidence is not a legal necessity. The absence of injuries does not disprove the offense, especially when the victim's account is consistent and inspires confidence. Facts Of The Case: On April 3, 2018, at approximately noon, a 15-year-old victim and her 11-year-old brother were alone at their home in Rajnandgaon, Chhattisgarh, as their parents had gone to a nearby village to attend a funeral. The appellant-accused, Deepak Kumar Sahu, who was known to the family and lived in the neighbourhood, entered the house. Finding the victim alone, he sent her younger brother away to buy chewing tobacco. Once the brother left, the accused forced the v...

Technicality or Right? Supreme Court Acquits Man, Rules Mandatory NDPS Procedures Were Ignored

5Sep

By The Legal ChamberNo Comments

Supreme Court

Technicality or Right? Supreme Court Acquits Man, Rules Mandatory NDPS Procedures Were Ignored

The Supreme Court held that the High Court erred in dismissing the appeal solely on the ground of delay, particularly when the appellant was incarcerated. On merits, the Court acquitted the accused due to fatal procedural lapses: non-compliance with mandatory sampling guidelines under Standing Order No. 1 of 1989 and Section 52A of the NDPS Act, which rendered the seizure and FSL report unreliable. The trial court also erred in clubbing separate recoveries to constitute commercial quantity without evidence of conspiracy under Section 29. Facts Of The Case: On July 16, 2018, based on source information, police apprehended the appellant, Nadeem Ahamed, and a co-accused, Amit Dutta, near Laxmi Store in Kolkata. A search, conducted in the presence of a Gazetted Officer, led to the recovery o...

Supreme Court Ruling: Courts Must Appoint Arbitrator Even If Serious Fraud is Alleged

5Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Ruling: Courts Must Appoint Arbitrator Even If Serious Fraud is Alleged

The Supreme Court reaffirmed that under Section 11(6A) of the Arbitration Act, a court's role is prima facie confined to examining the existence of an arbitration agreement. All other contentious issues, including allegations of serious fraud and non-arbitrability, are jurisdictional matters that must be decided by the arbitral tribunal under Section 16. Facts Of The Case: The appellant, Bihar State Food and Civil Supplies Corporation, entered into agreements with various rice millers for the custom milling of paddy procured from farmers. The agreements contained an arbitration clause. When the millers allegedly failed to deliver the stipulated quantity of rice, the Corporation initiated recovery proceedings under the Bihar and Orissa Public Demands Recovery Act, 1914. The millers challe...

Supreme Court Rules: Private Schools Can Sue in Civil Court to Recover Unpaid Fees

5Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: Private Schools Can Sue in Civil Court to Recover Unpaid Fees

The Supreme Court held that the civil courts retain jurisdiction to adjudicate fee recovery suits filed by unaided private schools, as there is no express or implied ouster of jurisdiction under the Haryana School Education Act and Rules. The statutory remedy before the Fee and Fund Regulatory Committee is available only to parents/students to challenge excessive fees, not to schools for recovery. Facts Of The Case: The appellant, Apeejay School, an unaided private institution, filed suits for recovery of fees against students and their parents. The dispute arose from a fee hike implemented by the school for the academic year 2009-10, which the respondents refused to pay, continuing instead to remit only the pre-hike amount. The school's suits were initially decreed by the trial court. W...

Supreme Court Backs Government’s 2025 Notification, Says No Special Treatment for Educational & Industrial Buildings

5Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Backs Government’s 2025 Notification, Says No Special Treatment for Educational & Industrial Buildings

The Supreme Court upheld the 2025 EIA Notification, ruling that General Conditions under the 2006 Notification never applied to building and township projects. It affirmed that State-level expert bodies (SEIAA) are competent to appraise such projects. However, the exemption for industrial and educational constructions was struck down as arbitrary. Facts Of The Case: The writ petition challenged the constitutional validity of the notification dated 29th January 2025 and an Office Memorandum dated 30th January 2025, both issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC). The petitioner, an environmental organization, argued that the new notification fundamentally diluted the environmental regulatory regime established by the original 2006 EIA Notification. The ...

Supreme Court Quashes Decree Against Odisha Corp, Clarifies Law on Interest for Pre-1992 Transactions

5Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Quashes Decree Against Odisha Corp, Clarifies Law on Interest for Pre-1992 Transactions

The Supreme Court held that the suit against the State Financial Corporation was not maintainable due to non-compliance with the mandatory notice under Section 80 CPC. The decree was declared a nullity as it erroneously applied the Interest on Delayed Payments Act, 1993, to a pre-enactment transaction and fastened liability without privity of contract. Execution proceedings were quashed. Facts Of The Case: In 1985, Respondent No. 1, M/s. Vigyan Chemical Industries, supplied raw materials to Respondent No. 2, an industrial unit. Due to a loan default, the Appellant, Odisha State Financial Corporation (OSFC), took possession of Respondent No. 2's unit in 1987 under the State Financial Corporations Act, 1951. In 1988, Respondent No. 1 filed a recovery suit for its unpaid dues. OSFC was impl...

Supreme Court Empowers Pollution Boards to Levy Environmental Damages

5Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Empowers Pollution Boards to Levy Environmental Damages

The Supreme Court held that Pollution Control Boards can impose restitutionary and compensatory damages, including ex-ante bank guarantees, under Sections 33A and 31A of the Water and Air Acts. This power is distinct from punitive penalties and is grounded in the 'Polluter Pays' principle to remediate environmental damage. Facts Of The Case: The Delhi Pollution Control Committee (DPCC) issued show cause notices in 2006 to multiple entities, including residential and commercial complexes, for operating without the mandatory "consent to establish" and "consent to operate" under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. As a condition for granting consent, the DPCC demanded the payment of fixed sums a...

Supreme Court Rules , State Utility Can’t Force Low Tariff on Wind Farms That Forgo Tax Benefit

5Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules , State Utility Can’t Force Low Tariff on Wind Farms That Forgo Tax Benefit

The Supreme Court held that the tariff determined by the regulatory commission is statutory and not merely contractual. A power purchase agreement cannot bind a generating company to a tariff that is inapplicable if it does not avail of accelerated depreciation, as the commission must determine the tariff on a case-to-case basis as per its orders. Facts Of The Case: Gujarat Urja Vikas Nigam Limited (GUVNL) entered into Power Purchase Agreements (PPAs) with four wind energy generating companies during the control period specified in the Gujarat Electricity Regulatory Commission's (GERC) 2010 tariff order. This order set a tariff of ₹3.56 per kWh, which was explicitly applicable only to projects availing the benefit of accelerated depreciation under the Income Tax Act. The PPAs incorpo...

Betrayal of Trust is Demonic: Supreme Court’s Powerful Stand on Incest & POCSO Act Upholds Life Term for Father Who Raped Minor Daughter

29Aug

By The Legal ChamberNo Comments

Supreme Court

Betrayal of Trust is Demonic: Supreme Court’s Powerful Stand on Incest & POCSO Act Upholds Life Term for Father Who Raped Minor Daughter

The Supreme Court upheld the conviction under POCSO Act Section 6 and IPC Section 506, affirming the statutory presumption of guilt under Section 29. It emphasized that a child victim's credible testimony requires no corroboration and denied bail, highlighting the severity of familial sexual abuse and the imperative for stringent punishment. Facts Of The Case: The case involved the appellant, Bhanei Prasad @ Raju, who was convicted for repeatedly committing aggravated penetrative sexual assault on his own minor daughter. The victim was approximately ten years old at the time of the incidents, which were not isolated but constituted sustained assaults within the family home. The prosecution case was built primarily on the unwavering and credible oral testimony of the victim (PW-3), ...

Employers Must Accommodate: Supreme Court’s Landmark Ruling on Medical Disability & Jobs

29Aug

By The Legal ChamberNo Comments

Supreme Court

Employers Must Accommodate: Supreme Court’s Landmark Ruling on Medical Disability & Jobs

This Supreme Court held that a binding Memorandum of Settlement under the Industrial Disputes Act, 1947, which specifically provided alternate employment for colour-blind drivers, created an enforceable statutory obligation on the employer. The subsequent settlement and internal circulars could not override this specific contractual right, and the Corporation's failure to explore redeployment violated principles of natural justice and statutory compliance. Facts Of The Case: The appellant was appointed as a driver by the Andhra Pradesh State Road Transport Corporation (APSRTC) in 2014. During a subsequent periodic medical examination, he was found to be colour blind and declared medically unfit to continue in his role as a driver. Following this, the appellant sought alternate employment...