Supreme Court - The Legal Chamber

No Pay Cut Without a Chance to Argue: Supreme Court Sides with Ex-Navy Personnel Against Bank

26Aug

By The Legal ChamberNo Comments

Supreme Court

No Pay Cut Without a Chance to Argue: Supreme Court Sides with Ex-Navy Personnel Against Bank

The Supreme Court held that pay fixation of re-employed ex-servicemen is governed solely by government guidelines, which banks cannot override. It ruled that reducing pay without providing an opportunity of hearing violates principles of natural justice, rendering such an administrative action legally unsustainable. Facts Of The Case: After retiring from the Indian Navy, the appellants were re-employed by Punjab National Bank between 2015-2017 as Single Window Operators. Their initial pay was fixed at a higher amount, with four appellants receiving ₹40,710 and one receiving ₹34,160. However, following a 2018 clarification from the Indian Banks' Association (IBA) that capped the maximum basic pay for ex-servicemen at ₹31,540, the bank issued a circular and subsequently reduced the appella...

Supreme Court Upholds National Fraternity: Teaching Experience Across India Counts

26Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds National Fraternity: Teaching Experience Across India Counts

The Supreme Court held that a government notification extending the retirement age must be interpreted purposively, and a condition requiring "10 years of teaching experience in any State-aided university" includes experience from universities outside the state. Excluding such experience was found to be an arbitrary and discriminatory classification violating the right to equality under Article 14. Facts Of The Case: The appellant was initially appointed as a teacher in a government college in Assam in 1991, where he served for 16 years. In 2007, he was selected for a non-teaching post at Burdwan University, West Bengal, based on his qualifications and experience, and was later promoted in 2012. In 2021, the State of West Bengal issued a notification increasing the retirement age from 60...

Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder

26Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder

The Supreme Court upheld the conviction under Section 302 IPC, affirming the reliability of a child witness. It ruled that the accused's mere denial under Section 313 CrPC was insufficient to discharge his burden under Section 106 of the Evidence Act to explain the circumstances of his wife's death within their home. Facts Of The Case: The case involved the murder of Smt. Ranjana by her husband, the accused-appellant Manohar Keshavora Khandate, within their home in Amravati. The prosecution's case rested primarily on the eyewitness account of their nine-year-old daughter (PW-3). She testified that on the night of the incident, she was sleeping beside her mother when she was awakened by a commotion. She found her father sitting nearby her mother, whose body was covered with a chaddar. The...

Supreme Court Upholds Acquittal: Doubtful Dying Declaration Cannot Secure Murder Conviction

26Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Acquittal: Doubtful Dying Declaration Cannot Secure Murder Conviction

The Supreme Court upheld the acquittal, emphasizing the well-settled principle that an appellate court should not interfere with an acquittal unless the findings are perverse and the only possible view is of guilt. The Court found the prosecution's evidence, particularly the dying declaration, unreliable due to material contradictions and the victim's precarious medical condition, making the case fit for the application of the benefit of doubt. Facts Of The Case: Based on the accusation of Poona Bai (PW-10), the prosecution's case was that on March 10, 2003, the accused-respondent, Ramveer Singh, forcibly entered their house and set her granddaughter, Badami Bai, on fire by pouring kerosene on her. The alleged motive was retaliation for a rape complaint filed against the accused's son by...

Supreme Court’s Key Ruling :Notional Income of an Engineering Student Should Be Higher

25Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court’s Key Ruling :Notional Income of an Engineering Student Should Be Higher

The Supreme Court modified the contributory negligence apportionment to 20% on the claimant, 50% on the car driver, and 30% on the bus driver. It enhanced compensation by revising the notional income calculation for an engineering student and reinstated attendant charges, emphasizing just compensation for 100% disability. Facts Of The Case: On January 7, 2017, the appellant, a 20-year-old engineering student, was riding a motorcycle with a friend on the pillion. A car ahead, driven by respondent no. 2, suddenly applied its brakes on the highway because the driver's pregnant wife felt a vomiting sensation. This caused the appellant to collide with the rear of the car and fall onto the road. Subsequently, a bus, insured by respondent no. 1, which was coming from behind, ran over the appell...

Supreme Court: Jail Overcrowding Can’t Be a Ground for Granting Bail in Heinous Crimes

25Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court: Jail Overcrowding Can’t Be a Ground for Granting Bail in Heinous Crimes

The Supreme Court held that the High Court erred in granting bail without properly considering the absence of "new circumstances" as mandated by the Court's earlier judgment cancelling bail. The impugned order lacked cogent reasoning, relied on irrelevant factors like jail overcrowding, and failed to accord due deference to the Supreme Court's previous decision, warranting its quashing. Facts Of The Case: The case involves an appeal by the informant, Ajwar, against an order of the Allahabad High Court granting bail to the accused, Waseem. Waseem was charged under various sections of the IPC, including Section 302 (murder). His bail was initially granted by the High Court in 2022 but was cancelled by the Supreme Court. A subsequent grant of bail by the High Court was again cancelled by th...

Supreme Court Rules: Rejecting Job Regularization on Multiple Grounds is Not Contempt of Court

25Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: Rejecting Job Regularization on Multiple Grounds is Not Contempt of Court

The Supreme Court held that the authority's order, which rejected regularization claims on multiple fresh legal grounds—including qualifications and financial burden—constituted valid compliance with the High Court's direction. Since the rejection was not solely based on the prohibited "contract labour" ground, it could not be construed as wilful disobedience amounting to contempt of court. Facts Of The Case: The case originated from drivers engaged by the New Okhla Industrial Development Authority (NOIDA) seeking regularization of their services. Their initial representation was rejected by the NOIDA CEO in 2017 solely on the ground that they were intermittent workers hired through a contractor. This rejection was challenged and set aside by the Allahabad High Court in February 2020, wh...

Supreme Court Quashes Life Ban on Kerala Cricketer, Slams “Non-Transparent” Ombudsman Process

25Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Quashes Life Ban on Kerala Cricketer, Slams “Non-Transparent” Ombudsman Process

The Supreme Court held that the Ombudsman's proceedings lacked transparency and violated principles of natural justice by not providing the appellant with copies of orders and a fair hearing. The subsequent blacklisting by the cricket association, based on these flawed proceedings, was also set aside. The matter was remanded for a fresh hearing. Facts Of The Case: The appellant, a former Ranji Trophy player and member of a district cricket association, filed an original application before the Ombudsman of the Kerala Cricket Association (KCA). He sought directions to frame and implement uniform model bye-laws for all district associations, based on the Lodha Committee recommendations, and to ensure elections were conducted in conformity with these bye-laws. The Ombudsman dismissed his app...

Supreme Court Landmark Ruling : Death During Travel to Workplace is an Employment Injury

25Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Landmark Ruling : Death During Travel to Workplace is an Employment Injury

The Supreme Court ruled that an accident occurring during an employee's commute arises "out of and in the course of employment" under the Employees' Compensation Act, 1923. It held that the beneficial interpretation from a parallel amendment in the ESI Act is applicable, requiring only a established nexus between the commute and employment. Facts Of The Case: Shahu Sampatrao Jadhavar, employed as a watchman by a sugar factory, was scheduled for duty from 3:00 AM to 11:00 AM on April 22, 2003. While commuting from his residence to the workplace on his motorcycle, he was involved in a fatal accident approximately 5 kilometers from the factory premises, never arriving for his shift. His dependents, including his widow, four children, and mother, filed a claim for compensation under the Empl...

Accused Can’t “Buy” Bail: Supreme Court Ends Practice of Monetary Undertakings for Release

25Aug

By The Legal ChamberNo Comments

Supreme Court

Accused Can’t “Buy” Bail: Supreme Court Ends Practice of Monetary Undertakings for Release

This Supreme Court judgment prohibits courts from granting bail based on monetary undertakings or deposits by the accused. It directs that all bail applications must be decided strictly on their own merits, in accordance with law, and not on any extraneous promises of payment. The practice of imposing financial conditions for bail deprecated to uphold the integrity of the judicial process. Facts Of The Case: The appellant, Gajanan Gore, was arrested in August 2023 for allegedly siphoning approximately ₹1.6 crore from his employer, an advertising and training institute. He was charged with various offences including cheating and forgery under the Indian Penal Code. After the Trial Court denied him bail, the Bombay High Court granted him bail in April 2024. This bail was contingent on a ke...