Tag: Constitutional Law

Supreme Court Rules: How a Tax Exemption for Local Manufacturers Failed the Constitutional Test
19Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: How a Tax Exemption for Local Manufacturers Failed the Constitutional Test

This Supreme Court judgment struck down a Rajasthan VAT exemption notification for violating Article 304(a) of the Constitution. The Court held that granting a tax exemption exclusively to locally manufactured asbestos goods, without a valid justification discernible from the notification itself, constituted discriminatory protectionism against imported goods and was not a permissible differentiation. Facts Of The Case: The appellants, manufacturers of asbestos cement products with manufacturing units outside Rajasthan but sales depots within the state, challenged a Rajasthan Government notification dated 09.03.2007. This notification granted an exemption from Value Added Tax on the sale of asbestos cement sheets and bricks manufactured within Rajasthan, provided they contained 25% or mo...
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Allegations Must Be Specific: Supreme Court’s Warning Against Misuse of Dowry Law
15Nov By The Legal ChamberNo Comments
Supreme Court

Allegations Must Be Specific: Supreme Court’s Warning Against Misuse of Dowry Law

In a significant ruling, the Supreme Court quashed criminal proceedings under Sections 323, 498A IPC and the Dowry Act against a brother-in-law, emphasizing that vague and omnibus allegations without specific instances of cruelty or harassment do not constitute a prima facie case. The Court reiterated the legal principles from State of Haryana v. Bhajan Lal, cautioning against the misuse of criminal provisions in matrimonial disputes and underscoring the necessity for concrete allegations to initiate prosecution. Facts Of The Case: The case originated from an FIR lodged by Smt. Jyoti Garg (Respondent No. 2) against her husband, mother-in-law, and her brother-in-law, Shobhit Kumar Mittal (the Appellant). The complainant alleged that within days of her marriage in 2014, she was harassed fo...
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Supreme Court Says :Withdrawing a Case from Supreme Court Has a Cost: No Second Chance
13Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Says :Withdrawing a Case from Supreme Court Has a Cost: No Second Chance

This Supreme Court judgement reaffirms that if a Special Leave Petition under Article 136 of the Constitution is unconditionally withdrawn without seeking liberty to file a fresh one, a second SLP challenging the same order is not maintainable. This principle, drawn from Order XXIII Rule 1 of the CPC, is grounded in public policy to prevent bench-hunting and ensure litigation finality. An appeal against an order merely dismissing a review petition is also not maintainable. Facts Of The Case: The appellant, Satheesh V.K., was a borrower who had defaulted on a loan from the Federal Bank, leading the bank to classify the account as a Non-Performing Asset (NPA) and initiate recovery under the SARFAESI Act. Challenging this action, Satheesh filed a writ petition in the Kerala High Cou...
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Can’t Withhold Pension for Not Vacating Govt Quarter: Supreme Court Rules for Employee
13Nov By The Legal ChamberNo Comments
Supreme Court

Can’t Withhold Pension for Not Vacating Govt Quarter: Supreme Court Rules for Employee

This Supreme Court judgment reaffirms that pension and retiral dues are a statutory right, not a bounty, and cannot be withheld by the employer. The Court held that non-vacation of a government residence is not a valid justification for withholding such dues, as the right to pension is distinct from the right to occupation of service accommodation. Facts Of The Case: The respondent, a state government employee since 1980, superannuated on 30th June 2013, but his pension and retiral dues were not sanctioned or paid. Subsequently, the appellant department passed an order quashing his earlier pay revision and refixing his salary to a lower scale. This refixation was challenged and later withdrawn by the department, but the retiral dues remained unpaid, ostensibly because the respondent had ...
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Supreme Court Backs Landowners: Unused ‘Bachat’ Land Doesn’t Belong to Panchayat
6Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Backs Landowners: Unused ‘Bachat’ Land Doesn’t Belong to Panchayat

The Supreme Court upheld that lands contributed by proprietors during consolidation proceedings, but not specifically reserved or utilized for common purposes (known as bachat land), do not vest in the Gram Panchayat or the State. Relying on the doctrine of stare decisis and Constitution Bench precedents, the Court affirmed that such land continues to belong to the original proprietors, dismissing the State's appeal. Facts Of The Case: The case originated from a challenge by landowners (respondents) to an amendment made by the State of Haryana in 1992 to the Punjab Village Common Lands (Regulation) Act, 1961. This amendment, via Haryana Act No. 9 of 1992, expanded the definition of "shamilat deh" (village common land) to include lands reserved for common purposes under the consolidation ...
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You Can’t Be Convicted Under a Law That Didn’t Exist: Supreme Court Corrects Legal Error in Decades-Old Case
5Nov By The Legal ChamberNo Comments
Supreme Court

You Can’t Be Convicted Under a Law That Didn’t Exist: Supreme Court Corrects Legal Error in Decades-Old Case

In a significant ruling, the Supreme Court set aside the conviction under Section 195-A IPC, holding it unconstitutional for being applied retroactively, violating Article 20(1). However, it upheld the conviction under Section 506-B IPC for criminal intimidation. The Court directed the State to reconsider the deceased appellant's termination and terminal benefits, considering only the surviving conviction. Facts Of The Case: In 1999, a minor girl, who was a witness in a molestation case, set herself ablaze and subsequently died. Before her death, she alleged in a dying declaration that Sheikh Akhtar, a court official (Naib Nazir), and three others had threatened to kill her and her father if she did not compromise her court testimony. Based on this, Akhtar was convicted in 2007 by a Se...
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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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Supreme Court Slams Special Treatment, Orders Joint Trial for All Accused in Nuh Violence Case
4Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Slams Special Treatment, Orders Joint Trial for All Accused in Nuh Violence Case

The Supreme Court held that segregating the trial of an accused solely based on their status as an MLA is legally unsustainable. Such an order violates the statutory scheme for joint trials under Sections 218-223 CrPC when offences arise from the same transaction and common evidence. It also infringes upon the fundamental rights to equality under Article 14 and a fair trial under Article 21 of the Constitution. The direction for a separate charge sheet was also quashed as it exceeds the court's jurisdiction. Facts Of The Case: The case originated from two FIRs (Nos. 149 and 150 of 2023) registered at Police Station Nagina, District Nuh, concerning large-scale communal violence that occurred on July 31, 2023. The appellant, Mamman Khan, a sitting Member of the Legislative Assembly (MLA) f...
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Supreme Court Upholds Anticipatory Bail Rejection, Stresses Timely Bail Hearings
4Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Anticipatory Bail Rejection, Stresses Timely Bail Hearings

The Supreme Court affirmed the denial of anticipatory bail, emphasizing that custodial interrogation may be necessary to establish complicity and intent, even in cases based on documentary evidence. The Court underscored the gravity of allegations involving abuse of official position. It further issued general directions mandating the expeditious disposal of bail applications to uphold the constitutional right to personal liberty under Articles 14 and 21. Facts Of The Case: Based on a complaint concerning fraudulent property transfer, an FIR was registered in 2019 regarding events from 1996. The core allegation was that a sale deed was executed using forged Powers of Attorney, which were purportedly signed by individuals who were already deceased. This sale deed was then used to mutate l...
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Supreme Court on Legal Metrology: No Search or Seizure Without “Reasons to Believe” & Independent Witnesses
2Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court on Legal Metrology: No Search or Seizure Without “Reasons to Believe” & Independent Witnesses

The Supreme Court held that inspection, search, and seizure under Section 15 of the Legal Metrology Act, 2009, must comply with the mandatory procedural safeguards of the Cr.P.C., including recording "reasons to believe" and the presence of independent witnesses under Section 100(4). Non-compliance with these statutory procedures vitiates the entire action, rendering it illegal and unsustainable. Facts Of The Case: The appellant, ITC Limited, maintained a warehouse for its 'Classmate' brand stationery. On July 2, 2020, Legal Metrology officers inspected these premises without a warrant and seized 7600 packages of exercise books for an alleged violation of Rule 24 of the Legal Metrology (Packaged Commodities) Rules, 2011. The appellant challenged this action before the Karnataka High Cour...
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