Supreme Court - The Legal Chamber

Supreme Court Rules Unreliable Witness & Lack of Demand Proof Sink Prosecution: Govt Official Cleared

1Jun

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules Unreliable Witness & Lack of Demand Proof Sink Prosecution: Govt Official Cleared

The Supreme Court upheld the acquittal, emphasizing that proving the initial demand of illegal gratification beyond reasonable doubt is essential for conviction under Sections 7 & 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988. Mere recovery of tainted money is insufficient; the prosecution failed to conclusively establish demand. The statutory presumption under Section 20 of the Act does not apply when demand is not proven, requiring strict construction of penal provisions. Facts Of The Case: C B Nagaraj, the Respondent, served as an Extension Officer in the Taluka Panchayath office, Davanagere. The Complainant, E R Krishnamurthy, sought a Validity Certificate for a teaching post under Category-II A, requiring a spot inspection report from Nagaraj. On February 7,...

Supreme Court Rules High Courts CAN Quash DV Act Proceedings Under Section 482 CrPC

30May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules High Courts CAN Quash DV Act Proceedings Under Section 482 CrPC

The Supreme Court held that High Courts possess inherent jurisdiction under Section 482 CrPC (or Section 528 BNSS) to quash proceedings initiated under Section 12 of the Domestic Violence Act, 2005, as these applications are filed before Criminal Courts (Magistrates). However, such power must be exercised sparingly and only in cases of gross illegality or abuse of process, considering the civil nature of DV Act remedies and its objective as social welfare legislation. The Court clarified that proceedings under the DV Act, though heard by Criminal Courts, remain predominantly civil in character. Facts Of The Case: Vidhi Rawal (Respondent) married Prateek Tripathi on December 12, 2019, in Dewas, Madhya Pradesh. After two years, on December 8, 2021, she complained to Dewas police against Pr...

Supreme Court Orders Refund to Patanjali Foods: Bank Guarantee Encashment ≠ Duty Payment

30May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Orders Refund to Patanjali Foods: Bank Guarantee Encashment ≠ Duty Payment

The Supreme Court held that encashment of bank guarantees furnished as interim security for disputed customs duty does not constitute "payment of duty" under Section 27 of the Customs Act, 1962. Consequently, the doctrine of unjust enrichment is inapplicable to refund claims arising from such encashment. The Revenue must refund such amounts with interest when the underlying duty demand is invalidated by court order, without insisting on compliance with Section 27. Facts Of The Case: M/s M.P. Glychem Industries Ltd. (later merged into Ruchi Soya Industries Ltd., now Patanjali Foods Ltd.) imported crude degummed soyabean oil at Jamnagar in 2002. The Customs Department demanded higher duty based on a tariff value fixed under a notification issued under Section 14(2) of the Customs Act, 1962...

Supreme Court Directs Merger of 64 Fraud FIRs Across 10 States for Streamlined Trial

30May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Directs Merger of 64 Fraud FIRs Across 10 States for Streamlined Trial

The Supreme Court exercised powers under Article 142 of the Constitution to consolidate 64 FIRs across 10 states into single trials per state, merging subsequent FIRs with the earliest FIR in each jurisdiction. Subsequent FIRs were deemed Section 161 CrPC statements, enabling supplementary chargesheets under Section 173 CrPC. Bail in the principal FIR applies to clubbed cases, except where special enactments require fresh bail applications. Special Courts may try all offences, including IPC violations, under state laws. Single-FIR states proceed independently. Facts Of The Case: Ravinder Singh Sidhu, Managing Director of KIM Infrastructure and Developers Limited (KIDL), has been in custody since 11 October 2018. He faces 64 FIRs across 10 states (Punjab-23, Uttar Pradesh-15, Haryana-6, U...

Supreme Court : Mandates Full Pension for ALL Retired High Court Judges

30May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court : Mandates Full Pension for ALL Retired High Court Judges

The Supreme Court mandated uniform pension for all retired High Court Judges under the principle of "One Rank One Pension" (OROP), irrespective of their tenure, source of appointment (Bar/District Judiciary), or status (Permanent/Additional Judge). It held that discrimination in pension violates Articles 14 and 16(1) of the Constitution. The Court directed payment of full pension (₹13.5 lakh/₹15 lakh p.a.) under the High Court Judges Act, 1954, rejecting minimum service requirements. Service breaks and New Pension Scheme (NPS) participation were deemed irrelevant, with NPS contributions refunded to affected judges. Family pension/gratuity was extended to families of Additional Judges, and 10 years were added to service for gratuity calculations under Section 17A. Facts Of The Case: This ...

Assam Citizenship Battle Lost: Supreme Court Rules Draft NRC Doesn’t Erase Foreigner Declaration

30May

By The Legal ChamberNo Comments

Supreme Court

Assam Citizenship Battle Lost: Supreme Court Rules Draft NRC Doesn’t Erase Foreigner Declaration

The Supreme Court dismissed the appeal, upholding two key legal principles. First, it affirmed that under Section 9 of the Foreigners Act, 1946, the burden lies entirely on the individual to prove Indian citizenship, and the lower courts' findings that this burden was not discharged were legally sound. Second, it ruled that inclusion of a person's name in the draft National Register of Citizens (NRC) does not automatically nullify or override a prior quasi-judicial declaration of foreigner status by a Foreigners Tribunal. This principle is mandated by Rule 4A(4) of the Citizenship Rules, 2003, read with Paragraph 3(2) of its Schedule, and affirmed by the precedent in Abdul Kuddus v. Union of India. The Tribunal's declaration thus remains valid and binding. Facts Of The Case: Rofiqul Hoqu...

Supreme Court Overturns Contributory Negligence in Fatal Bike Crash, Awards Full Compensation

29May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Overturns Contributory Negligence in Fatal Bike Crash, Awards Full Compensation

The Supreme Court quashed the contributory negligence finding, holding the car driver solely liable for the 2009 accident. It ruled that the High Court erred by ignoring eyewitness testimony (PW-4) and a crucial site plan proving the motorcyclist was on his correct side. Full compensation was restored as deductions under Section 168 of the Motor Vehicles Act, 1988, were invalid. The Court emphasized beneficial interpretation in accident claims and permitted late evidence admission given the summary nature of proceedings. Facts Of The Case: On July 26, 2009, Gautam (22 years, bachelor) drove a new motorcycle (insured by Bajaj Allianz) with Harpal Singh (30 years, pillion rider) near Kaithal, Haryana. An Alto car (insured by New India Assurance), driven by Gulzar Singh, collided head-on wi...

Homeowner Wins 7-Year Battle: Supreme Court Orders Insurer to Pay for Rain-Flooded Basement

29May

By The Legal ChamberNo Comments

Supreme Court

Homeowner Wins 7-Year Battle: Supreme Court Orders Insurer to Pay for Rain-Flooded Basement

The Supreme Court held that heavy rainfall causing sudden basement flooding constitutes a covered "flood/inundation" peril under standard insurance policies, rejecting the insurer’s "seepage" exclusion. It ruled that insurers cannot arbitrarily disregard initial survey reports confirming flood damage in favor of belated contradictory assessments. The Court remanded the matter to NCDRC solely for compensation quantification under the policy terms, emphasizing objective claim evaluation aligned with contractual obligations. Facts Of The Case: The appellant, Gopal Dikshit, owned a property at 50, Ishwar Nagar, Mathura Road, New Delhi, insured under a ₹1.5 crore House Holder Policy (No. 2219042615P115431073) by United India Insurance for the period March 13, 2016, to March 12, 20...

Supreme Court Upholds Life Sentence in Acid Attack Case but Reduces Term for Elderly Accused

29May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Life Sentence in Acid Attack Case but Reduces Term for Elderly Accused

The Supreme Court upheld the conviction of two appellants under Section 326A IPC for an acid attack, affirming the High Court’s ruling. While maintaining life imprisonment for the advocate (Accused No.2), it reduced the sentence of the elderly co-accused (Accused No.1) to 10 years, considering his age and health. The Court reiterated that concurrent findings of fact require no interference unless perverse or legally flawed, emphasizing strict scrutiny in acid attack cases. Procedural lapses in investigation were deemed non-fatal, and medical evidence conclusively established the victim’s injuries. The judgment underscores parity in sentencing while balancing aggravating and mitigating factors. Facts Of The Case: On June 8, 2014, at approximately 8:00 PM near Govind Nagar railway crossing...

Supreme Court Directs Uniform Rules for Court Managers: Mandates Better Pay & Service Conditions for Court Managers

26May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Directs Uniform Rules for Court Managers: Mandates Better Pay & Service Conditions for Court Managers

The Supreme Court directed all High Courts to frame uniform rules for Court Managers within 3 months, adopting Assam's 2018 Rules as a model. It mandated their regularization, Class-II Gazetted status, and career progression, while allowing states to modify rules as needed. The judgment emphasized judicial efficiency and upheld Article 229 & 309 (Constitution) for service conditions. Existing contractual Court Managers must pass a suitability test for regularization, with benefits from their initial appointment date but no arrears. The ruling ensures standardized administrative support to reduce judges' workload and enhance justice delivery. Facts Of The Case: The case originated from multiple Interlocutory Applications (IAs) and a Writ Petition concerning the service conditions of C...