Calcutta High Court - The Legal Chamber

Supreme Court: No Absorption for Waitlisted Candidate After Recruitment Process Ends

31Dec

By The Legal ChamberNo Comments

Supreme Court

Supreme Court: No Absorption for Waitlisted Candidate After Recruitment Process Ends

The Supreme Court held that a candidate in the reserved panel (waitlist) has no vested right to appointment once the selected candidates join their posts. A legal concession made before a tribunal cannot bind the authorities if it contravenes statutory recruitment rules or extends the life of a waitlist indefinitely. Facts Of The Case: The case originated from a 1997 recruitment drive by All India Radio, Eastern Zone, for three Technician posts reserved for Scheduled Castes. The respondent, Subit Kumar Das, was placed at Serial No. 1 in the Reserved Panel (waitlist). All three selected candidates joined their posts, so the waitlist was not operated. In 1999, during litigation before the Central Administrative Tribunal (CAT), the appellants (Union of India) gave a statement that the r...

Corporate vs. Cultivator: Supreme Court Rules Land Restoration Only for Disadvantaged Farmers

28Dec

By The Legal ChamberNo Comments

Supreme Court

Corporate vs. Cultivator: Supreme Court Rules Land Restoration Only for Disadvantaged Farmers

The Supreme Court held that the restoration remedy in Kedar Nath Yadav, grounded in protecting vulnerable agricultural communities, does not extend to industrial entities. A party that accepted compensation without challenge and failed to pursue statutory remedies cannot belatedly claim relief from a judgment secured by others through public interest litigation. Facts Of The Case: The case concerns a dispute over the restoration of 28 Bighas of land in Singur, West Bengal, originally acquired in 2006 for the Tata Nano manufacturing project. The land was purchased and converted for industrial use by M/s Santi Ceramics Pvt. Ltd. (Respondent No. 1), which established a manufacturing unit thereon. The acquisition process, conducted under the Land Acquisition Act, 1894, was subsequently...

Supreme Court Rules Insurance Company Liable for Worker Compensation Alongside Employer

25Dec

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules Insurance Company Liable for Worker Compensation Alongside Employer

The Supreme Court held that under the Employee’s Compensation Act, 1923, an insurer can be made a party and held jointly and severally liable for compensation if the employer's liability is covered by the insurance policy. The Court clarified that Section 19 of the Act empowers the Commissioner to determine the liability of the insurer, ensuring the workman's remedy is effective and not illusory. Facts Of The Case: The case originated from a claim filed by a workman (the second respondent), who was employed as a driver by the appellant, Alok Kumar Ghosh. The workman suffered a disabling injury due to an accident arising out of and in the course of his employment. He filed for compensation under the Workmen’s Compensation Act, 1923, against both his employer (the appellant) and The New In...

Supreme Court Key Ruling: Tenant’s Defence Struck Out for Missing 30-Day Deposit Deadline

17Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Key Ruling: Tenant’s Defence Struck Out for Missing 30-Day Deposit Deadline

This Supreme Court held that the time limit under Section 7(1) and (2) of the WBPT Act for depositing admitted rent and filing an application is mandatory and cannot be extended by Section 5 of the Limitation Act. The proviso to Section 7(2) only permits an extension for paying the amount determined by the court post-adjudication, not for the initial statutory deposit and application. Facts Of The Case: The appellant, Seventh Day Adventist Senior Secondary School, is a tenant in a premises in Kolkata for which the admitted monthly rent was Rs. 1090. The respondents, the landlords, filed an ejectment suit on 11.06.2019 on grounds including arrears of rent. The summons for this suit was served upon the appellant-tenant on 29.09.2022. The statutory period of 30 days for compliance und...

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 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...

No Arbitration Without Clear Agreement: When Does a Dispute Clause Become Binding? Supreme Court’s Latest Verdict Explained

14Aug

By The Legal ChamberNo Comments

Supreme Court

No Arbitration Without Clear Agreement: When Does a Dispute Clause Become Binding? Supreme Court’s Latest Verdict Explained

The Supreme Court held that Clause 13 of the contract, which stated disputes "may be sought through arbitration," did not constitute a binding arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996. The use of "may" indicated no mandatory intent to arbitrate, requiring further mutual consent. The Court emphasized that an arbitration agreement must reflect a clear, unequivocal commitment to resolve disputes through arbitration, excluding domestic courts. Mere enabling language without obligation is insufficient. The High Court’s dismissal of the arbitration application was upheld. Facts Of The Case: The dispute arose between BGM & M-RPL-JMCT (JV) (Appellant) and Eastern Coalfields Limited (Respondent) over a contract for transportation/handling of goods. T...

Supreme Court Takes Strong Stand : No Bail for Accused in Vengeful Mob Attack

13Jun

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Takes Strong Stand : No Bail for Accused in Vengeful Mob Attack

The Supreme Court of India overturned the High Court's bail orders, cancelling the bail granted to the respondents. The Court found the allegations to be grave, shaking the conscience of the court, and noted an imminent likelihood of the accused adversely affecting a fair trial due to their influence and non-cooperation. The trial court was directed to expedite proceedings and ensure witness protection. Facts Of The Case: The incident in question occurred on May 2, 2021, following the announcement of the Assembly election results in West Bengal. The complainant, a follower of the Hindu religion and a supporter of the Bharatiya Janata Party, alleged that he and his family faced threats and violence from supporters of the ruling dispensation in his village, Gumsima, where they were a min...