Tag: Augustine George Masih

Understanding the Supreme Court’s Verdict on Interstate Bus Permits and State Schemes
19Jan By The Legal ChamberNo Comments
Supreme Court

Understanding the Supreme Court’s Verdict on Interstate Bus Permits and State Schemes

The Supreme Court ruled that an inter-state reciprocal transport agreement under Section 88 of the Motor Vehicles Act, 1988, does not override an approved nationalization scheme under Chapter VI. A notified route for a State Transport Undertaking prevails, prohibiting private operators from plying on any overlapping portion, even if part of an inter-state route. Facts Of The Case: The case centered on disputes arising from an Inter-State Reciprocal Transport (IS-RT) Agreement of 2006 between Madhya Pradesh (MP) and Uttar Pradesh (UP). The agreement reserved certain inter-state routes for the Madhya Pradesh State Road Transport Corporation (MPSRTC). After MPSRTC reportedly stopped operations, private operators obtained temporary permits from MP's transport authority to p...
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Supreme Court Upholds Buyer’s Right: Builder Must Pay 18% Interest for Delay, Same Rate It Charged
15Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Buyer’s Right: Builder Must Pay 18% Interest for Delay, Same Rate It Charged

The Supreme Court held that while there is no absolute rule for parity in interest rates between builders and buyers, the principle of equity and fairness may warrant it in cases of one-sided agreements and egregious conduct. The Court modified the awarded interest from 9% to 18% p.a., aligning the builder's liability for delay with the rate it charged the buyer, to serve the ends of justice. Facts Of The Case: The appellant booked a plot in the respondent's project in 2006, paying a significant advance. A Plot Buyer Agreement was executed in 2007, stipulating possession within 24 months of sanction of service plans and allowing the respondent to charge 18% p.a. interest on delayed payments by the appellant. By 2011, the appellant had paid over ₹28 lakhs. That year, the respondent invoke...
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No Complete Freeze on Waqf Law, Says Supreme Court: Caps Non-Muslim Members on Boards
4Nov By The Legal ChamberNo Comments
Supreme Court

No Complete Freeze on Waqf Law, Says Supreme Court: Caps Non-Muslim Members on Boards

In an interim order, the Supreme Court declined to stay the Waqf (Amendment) Act, 2025, upholding the legislative presumption of constitutionality. However, it partially stayed specific provisions, including the "five-year practice of Islam" requirement and certain clauses related to government property inquiries, deeming them prima facie arbitrary pending a final constitutional validity hearing. Facts Of The Case: A batch of writ petitions challenged the constitutional validity of the Waqf (Amendment) Act, 2025, before the Supreme Court. The petitioners, arguing on behalf of Muslim community interests, contended that the amendments violated fundamental rights under Articles 14, 15, 19, 21, 25, 26, and 300A of the Constitution. Key challenges were mounted against provisions that de-recog...
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Beyond Impeachment: Supreme Court Validates Its Internal Mechanism for Judicial Misconduct
9Sep By The Legal ChamberNo Comments
Supreme Court

Beyond Impeachment: Supreme Court Validates Its Internal Mechanism for Judicial Misconduct

The Supreme Court upheld the constitutionality of the 'In-House Procedure' for investigating allegations of judicial misconduct. It ruled that the mechanism, which can recommend a judge's removal, is a valid exercise of the CJI's authority under the Judges (Protection) Act, 1985, and does not violate the constitutional scheme for impeachment. Facts Of The Case: In March 2025, a fire broke out in the store-room of a Delhi High Court judge's official bungalow while he was away. During efforts to douse the flames, officials discovered burnt currency notes on the premises. This discovery raised serious suspicions of misconduct, potentially violating the values outlined in the Restatement of Judicial Life. Consequently, the Chief Justice of the Delhi High Court sought an explanation from the ...
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Parallel Proceedings Valid: Supreme Court Clarifies Law in Central Excise Act Dispute
18Aug By The Legal ChamberNo Comments
Supreme Court

Parallel Proceedings Valid: Supreme Court Clarifies Law in Central Excise Act Dispute

The Supreme Court upheld the continuation of criminal proceedings under Sections 9 and 9AA of the Central Excise Act, 1944, despite the quashing of adjudication orders on procedural grounds. Relying on Radheshyam Kejriwal, it ruled that parallel departmental and criminal proceedings are permissible, and discharge cannot be sought merely due to pending adjudication. The Court emphasized that prima facie evidence in the complaint justified the trial, rejecting technical objections under CrPC Section 245(2). It clarified that remand for de novo adjudication does not equate to exoneration on merits, ensuring criminal liability remains independent of administrative outcomes. Facts Of The Case: The case involved M/s Rimjhim Ispat Limited, M/s Juhi Alloys Limited, and Yogesh Aggarwal (Appellant...
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Supreme Court Ends Bitter Divorce Battle: Key Takeaways on Custody & Settlement
16Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ends Bitter Divorce Battle: Key Takeaways on Custody & Settlement

The Supreme Court, invoking Article 142, dissolved the marriage between Shivangi Bansal and Sahib Bansal, quashing all pending civil/criminal cases between them and their families. The wife retained custody of their daughter, while the husband secured visitation rights. Mutual undertakings barred future litigation, and an unconditional apology was mandated. Property transfer and police protection were also ordered, ensuring a conclusive settlement. Facts Of The Case: The case involves Shivangi Bansal (wife) and Sahib Bansal (husband), who married in December 2015 and had a daughter in 2016. After marital discord, they separated in October 2018, leading to multiple legal battles across courts in Delhi and Uttar Pradesh. The wife filed cases under Sections 498A, 406 IPC, and the Domestic V...
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No Arrears for RBI Pension Opt-Ins: Supreme Court Reinforces Policy Decisions on Pension Benefits
10Jun By The Legal ChamberNo Comments
Supreme Court

No Arrears for RBI Pension Opt-Ins: Supreme Court Reinforces Policy Decisions on Pension Benefits

The Supreme Court of India upheld the Reserve Bank of India's (RBI) decision to fix a cut-off date (July 1, 2020) for pensionary benefits for employees switching from the Contributory Provident Fund (CPF) scheme, rejecting the claim for retrospective arrears from the date of retirement. The Court emphasized that financial implications and administrative exigencies are valid considerations for policy decisions and that employees cannot selectively accept beneficial terms while rejecting unfavorable ones. Facts Of The Case: M.T. Mani, Respondent No. 1, joined the Reserve Bank of India (RBI) in 1981 and was a member of the Contributory Provident Fund (CPF) Scheme. He retired as a Manager on November 30, 2014, having received four prior opportunities between 1990 and 2000 to switch to the Pe...
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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...
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