Tag: 2025 judgment

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...
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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...
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Supreme Court Boosts Compensation: Sets Minimum Income for Accident Victims
11Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Boosts Compensation: Sets Minimum Income for Accident Victims

In a significant ruling on motor accident claims, the Supreme Court reinforced the principles from Pranay Sethi and Somwati. The Court established that the income of a deceased, even if not fully substantiated, cannot be assessed lower than the notional income of an unskilled labourer, with due consideration for annual increments. It upheld the application of standard multipliers, future prospects, and clarified that loss of consortium is payable to spouses, children, and dependent parents. Facts Of The Case: In a tragic accident on July 25, 2010, four friends from Bijapur on a pilgrimage to Shirdi lost their lives when their car was involved in a head-on collision with a rashly and negligently driven goods lorry on NH-13. The case concerns one of the deceased, a qualified pharmacist, wh...
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Daughter’s Coparcenary Rights Upheld: Supreme Court Sets Aside Review Order
11Oct By The Legal ChamberNo Comments
Supreme Court

Daughter’s Coparcenary Rights Upheld: Supreme Court Sets Aside Review Order

The Supreme Court held that the High Court exceeded its limited review jurisdiction under Section 114 and Order 47 of the CPC. A review cannot re-appreciate evidence or reverse findings as an appeal would. The order under review did not correct a patent error but substituted a view, which is impermissible in review proceedings. Facts Of The Case: The case originated from a partition suit (O.S. No. 192 of 2000) filed by Subramani against his father, Munusamy Naidu, concerning ancestral properties. An ex-parte preliminary decree was passed in 2003, dividing the property into two equal shares. The Appellant, Malleeswari, who is the daughter of Munusamy Naidu, was not initially impleaded in this suit. Subsequent to the decree, her father executed a sale deed in favor of the first respo...
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Supreme Court Upholds Ruling: Power Generators Must Share Coal Costs Fairly Among All Buyers
11Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Ruling: Power Generators Must Share Coal Costs Fairly Among All Buyers

The Supreme Court dismissed appeals against concurrent orders of CERC and APTEL. It upheld that coal linkage for a power plant is allocated to the project as a whole, not to specific PPAs. Consequently, the additional cost from 'Change in Law' events must be apportioned pro-rata among all power procurers based on their energy drawal. Facts Of The Case: GMR Kamalanga Energy Limited (GKEL) set up a power plant and entered into long-term Power Purchase Agreements (PPAs) with three utilities: Haryana, Odisha (GRIDCO), and Bihar. The project was allocated coal from specific linkages and a captive block, intended for the entire plant. When changes in law and a coal supply shortfall increased GKEL's costs, it sought compensation. The Central Electricity Regulatory Commission (CERC) ruled GKEL w...
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Who Gets Paid First? Supreme Court Reopens Case on Priority Between Employee Provident Fund and Secured Lenders
30Sep By The Legal ChamberNo Comments
Supreme Court

Who Gets Paid First? Supreme Court Reopens Case on Priority Between Employee Provident Fund and Secured Lenders

The Supreme Court remanded the matter to the High Court to determine the priority of charges between the EPFO, under Section 11(2) of the Employees' Provident Fund Act, 1952, and secured creditors, including Axis Bank, under Section 35 of the SARFAESI Act, 2002. The core legal issue for fresh adjudication is the conflict between the statutory first charge of EPFO dues and the primacy claimed by secured creditors. Facts Of The Case: M/s Acropetal Technologies Pvt. Ltd. defaulted on its Employees' Provident Fund (EPF) dues from July 2013. The EPFO determined a liability and, upon learning the company's properties were to be auctioned by various banks, invoked its priority under the EPF Act. The EPFO specifically asserted a first charge over the 'Attibele property' being auctioned by Axis B...
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Supreme Court’s Ruling on Curing Defects in Petition Affidavits :Simplifying Election Laws
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Ruling on Curing Defects in Petition Affidavits :Simplifying Election Laws

This Supreme Court judgment clarifies that non-compliance with the affidavit requirement under Section 83(1)(c) of the Representation of the People Act, 1951, is not automatically fatal. Following the precedent in G.M. Siddeshwar, the Supreme Court held that 'substantial compliance' with Form 25 suffices, and defects are generally curable. The matter was remanded to the High Court to determine if the affidavit in question substantially complied with the statutory requirements and whether the defects could be rectified. Facts Of The Case: The case arose from the General Elections to the Odisha Legislative Assembly for the 07-Jharsuguda Constituency, held in 2024. The appellant, Tankadhar Tripathy, was declared the elected candidate, winning by a margin of 1,333 votes. The respondent, Dipa...
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Supreme Court’s Balancing Act in Telangana Job Case :Legitimate Expectation vs. Employer’s Right
25Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Balancing Act in Telangana Job Case :Legitimate Expectation vs. Employer’s Right

This Supreme Court judgment reaffirms that candidates in a select list possess no vested right to appointment. An employer's decision to cancel a recruitment process is valid if based on bona fide reasons like administrative changes (e.g., state bifurcation) and altered requirements. The Court's role is limited to examining the decision-making process, not substituting its own view on the sufficiency of accommodations like age relaxation offered to affected candidates. Facts Of The Case: The erstwhile Transmission Corporation of Andhra Pradesh (AP-Transco) initiated a recruitment process in 2011-2012 for 339 Sub-Engineer posts across the composite state. This process was delayed due to litigation challenging the marks weightage given to in-service candidates. While the legal challe...
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Supreme Court: Delayed Payment Not Always Contempt, But Bank Must Pay for Protracted Litigation
20Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Delayed Payment Not Always Contempt, But Bank Must Pay for Protracted Litigation

The Supreme Court declined to initiate contempt proceedings, finding the delayed payment of dues, while a violation, was not wilful. It reinforced that contempt jurisdiction cannot be used to adjudicate new claims like pension, which were not part of the original decree. The Court, however, awarded compensatory costs for the protracted litigation. Facts Of The Case: A.K. Jayaprakash, a manager at Nedungadi Bank Ltd., was dismissed from service in 1985 on grounds of alleged irregularities in sanctioning loans and delays in reporting. He challenged this dismissal under the Tamil Nadu Shops and Establishment Act, 1947. The Deputy Commissioner of Labour initially set aside the dismissal and ordered his reinstatement. This decision was repeatedly challenged by the Bank, first in the Madras Hi...
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Supreme Court: Civil Courts Can Hear Cases If Land is Declared Non-Agricultural During Trial
20Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Civil Courts Can Hear Cases If Land is Declared Non-Agricultural During Trial

The Supreme Court held that jurisdiction is determined by the nature of the land at the time of adjudication, not filing. A subsequent declaration of land as non-agricultural under the UPZALR Act during pending proceedings validates a civil court's jurisdiction, and appeals are a continuation of the original suit. Facts Of The Case: In 1970, the appellant-landlord and the predecessor of respondents 1-3 entered a registered tenancy agreement for a piece of land to establish an Indian Oil petrol pump at a monthly rent of ₹150. The tenant defaulted on rent payments from July 1972, prompting the landlord to file a suit for eviction and arrears of rent in 1974 in the Civil Court. The tenants contested the Civil Court's jurisdiction, claiming the land was agricultural and thus only the Revenue...
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