Tag: Civil Appeal

Husband’s Income vs Wife’s Rights: Supreme Court’s Decision on Permanent Alimony”
13Jun By The Legal ChamberNo Comments
Supreme Court

Husband’s Income vs Wife’s Rights: Supreme Court’s Decision on Permanent Alimony”

The Supreme Court enhanced the appellant-wife's permanent alimony to ₹50,000 per month with a 5% increase every two years, modifying the High Court's order. The Court held the previous alimony inadequate given the respondent-husband's income and the appellant's need to maintain her standard of living. Financial support for the 26-year-old son was not mandated. Facts Of The Case: Rakhi Sadhukhan (appellant-wife) and Raja Sadhukhan (respondent-husband) were married on June 18, 1997, and had a son on August 5, 1998. In July 2008, the respondent-husband filed Matrimonial Suit No. 430 of 2008 seeking divorce on grounds of cruelty. The appellant-wife then filed Misc. Case No. 155 of 2008 for interim maintenance, and the Trial Court awarded her ₹8,000 per month and ₹10,000 for litigation expens...
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Chandigarh High Court Gets Parking Upgrade: Supreme Court Approves Eco-Friendly Green Pavers
13Jun By The Legal ChamberNo Comments
Supreme Court

Chandigarh High Court Gets Parking Upgrade: Supreme Court Approves Eco-Friendly Green Pavers

The Supreme Court upheld the High Court's directions for constructing a verandah at Chandigarh's High Court (a UNESCO World Heritage Site) and laying green paver blocks in a parking area, emphasizing sustainable development over strict adherence to heritage guidelines in this context. The Court found the verandah would not significantly impact the site's "Outstanding Universal Value" and the pavers were an eco-friendly solution for parking shortages. Contempt proceedings against the Chandigarh Administration were abated for twelve weeks to allow compliance. Facts Of The Case: The Chandigarh Administration (CA) appealed against orders issued by the High Court of Punjab and Haryana at Chandigarh in a public interest litigation. The High Court had issued a writ of mandamus on November 29, 2...
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Sand Mining Case: Supreme Court Explains State’s Power to Fix DMF Charges for Minor Minerals
12Jun By The Legal ChamberNo Comments
Supreme Court

Sand Mining Case: Supreme Court Explains State’s Power to Fix DMF Charges for Minor Minerals

The Supreme Court dismissed appeals challenging demand notices for depositing 10% of the total bid amount with the District Mineral Foundation (DMF). The Court held that Section 9B of the Mines and Minerals (Development and Regulation) Act, 1957, is inapplicable to minor minerals due to Section 14. The State Government is empowered under Section 15A to fix the amount payable to the DMF for minor minerals. The Court found the demand consistent with statutory provisions and the 2017 Rules Facts Of The Case: Chandra Bhan Singh, a successful bidder for mining minor minerals (sand), was allotted a tender. In line with the Policy decision dated April 22, 2017, the Appellant was required to deposit an amount of ₹54,12,960/-, representing 10% of the total bid amount of ₹5,41,29,600/-, to the Dis...
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Big Relief for Mothers: Supreme Court Backs Woman’s Right to Benefit After Remarriage
11Jun By The Legal ChamberNo Comments
Supreme Court

Big Relief for Mothers: Supreme Court Backs Woman’s Right to Benefit After Remarriage

The Supreme Court ruled that K. Umadevi is entitled to maternity leave under FR 101(a), setting aside the High Court Division Bench's decision. The Court emphasized a purposive and liberal interpretation of maternity benefit provisions, aligning with reproductive rights under Article 21 of the Constitution and international conventions, irrespective of prior children not in the mother's custody or born from a previous marriage. Facts Of The Case: K. Umadevi, the appellant, married A. Suresh in 2006, having two children from this wedlock in 2007 and 2011. Their marriage was dissolved in 2017, and the children remained in the custody of her former husband. In December 2012, she joined government service as an English Teacher in Tamil Nadu. On September 12, 2018, the appellant remarried M...
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Supreme Court Late Payment Surcharge Valid: Coal India’s Levy Ruled as ‘Change in Law’
11Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Late Payment Surcharge Valid: Coal India’s Levy Ruled as ‘Change in Law’

The Supreme Court upheld the Appellate Tribunal for Electricity's (APTEL) ruling that a Coal India Limited (CIL) notification imposing Evacuation Facility Charges (EFC) constitutes a "change in law" event under the Power Purchase Agreement (PPA). The judgment affirmed that the power generator is entitled to compensation from the notification date with carrying cost at Late Payment Surcharge (LPS) rates on a compounding basis, based on restitutionary principles. The Court clarified that only a substantial question of law is appealable, and the supplementary bill is required only after due adjudication. Facts Of The Case: A Power Purchase Agreement (PPA) was signed on January 28, 2010, between Rajasthan Discoms and Adani Power Rajasthan Ltd. for 1200 MW. On December 19, 2017, Coal India ...
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Supreme Court : No More Delays! High Court Must Decide Property Dispute in 6 Months
10Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court : No More Delays! High Court Must Decide Property Dispute in 6 Months

The Supreme Court allowed the appeal, setting aside the High Court's second remand order for de-novo disposal, finding it erroneous given the possibility of deciding the appeal based on the interpretation of existing documents (sale deed, conveyance deed, and settlement deed). The Court directed the High Court to decide the appeal on its merits expeditiously within six months. Facts Of The Case: This appeal challenges a judgment from the High Court of Kerala, which set aside a trial court's dismissal of a suit and remanded the matter for de-novo disposal. The dispute concerns 9 cents of land in Poomthura Village, Ernakulam. The appellant's father executed a sale deed in 1955 for "Verumpattom Rights" over land in Survey No. 1236. Later, in 1964, he executed a conveyance deed for "Jenmam ...
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Supreme Court’s Mandate: New Public Notice for Nagaland Village Recognition
10Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Mandate: New Public Notice for Nagaland Village Recognition

The Supreme Court, exercising judicial review over executive decisions, set aside the High Court's directive for village recognition in Nagaland. The Court emphasized adherence to customary laws and specific Office Memorandums requiring "No Objection Certificates" from ancestral villages. It remanded the matter for comprehensive consideration of objections, including those from the appellant, affirming that inter-district boundary disputes are irrelevant to village recognition. Facts Of The Case: This Supreme Court judgment stems from a dispute concerning the recognition of Kakiho Village in Nagaland. The core of the matter involved the application of existing government Office Memorandums (O.M.'s) dated March 22, 1996, and October 1, 2005, which outline criteria for village recognition...
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Big Win for Disabled Workers: Supreme Court Strikes Down Discriminatory GO on Seniority and Promotion
10Jun By The Legal ChamberNo Comments
Supreme Court

Big Win for Disabled Workers: Supreme Court Strikes Down Discriminatory GO on Seniority and Promotion

The Supreme Court overturned the Kerala High Court's judgments, restoring previous orders that granted benefits of seniority, probation, and promotion to appellants with benchmark disabilities. The Court found the State Government's subsequent order, which sought to deny these benefits to those regularly appointed on supernumerary posts, to be discriminatory and violative of Article 14 of the Constitution. The Court affirmed that once regular appointments were made, associated benefits could not be withdrawn. Facts Of The Case: The appellants are individuals with benchmark physical disabilities exceeding 40% who were temporarily engaged in various public institutions in Kerala under Rule 9(a)(i) of the Kerala State and Subordinate Service Rules, 1958, for periods not exceeding 179 days. ...
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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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Section 26 NGT Act Strictly Applied: Supreme Court Clarifies Penal Liability in Environmental Violations
7Jun By The Legal ChamberNo Comments
Supreme Court

Section 26 NGT Act Strictly Applied: Supreme Court Clarifies Penal Liability in Environmental Violations

The Supreme Court ruled that penalties under Section 26 of the NGT Act, 2010 cannot be imposed without proving willful disobedience by the accused. It held that the Mayor, not being a party to the original proceedings and lacking executive authority over waste management, could not be penalized for violations. However, the Municipal Corporation's fine for environmental damage was upheld. The Court emphasized that strict construction of penal provisions is necessary and accepted the Mayor's unconditional apology for remarks against the NGT, setting aside his punishment while clarifying the limits of liability under environmental laws Facts Of The Case: Rayons-Enlighting Humanity, Invertis University, and residents of Village Razau Paraspur, Bareilly, filed applications with the Na...
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