Tag: Dipankar Datta J

Political Patronage, Hostile Witnesses, and Fair Trial: Supreme Court Declines to Cancel Bail in High-Profile Murder Case
13Feb By The Legal ChamberNo Comments
Supreme Court

Political Patronage, Hostile Witnesses, and Fair Trial: Supreme Court Declines to Cancel Bail in High-Profile Murder Case

The Supreme Court held that a coordinate bench cannot modify or relax bail conditions imposed by an earlier bench absent gross error or changed circumstances, emphasizing judicial discipline, finality of orders, and sanctity of verdicts. Cancellation of bail requires proof of breach, not mere apprehension. Trial courts must avoid unwarranted criticism of court-appointed special public prosecutors. Facts Of The Case: The case arises from a murder conspiracy allegation registered on 8th October 2019, wherein Sk. Md. Anisur Rahaman and co-accused were charged under Sections 302/120B IPC and Arms Act for the killing of a political rival. Anisur was arrested on 16th November 2019 and trial commenced before the 3rd Additional Sessions Judge, Tamluk. On 26th February 2021, the West Bengal gover...
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Supreme Court’s One-Time Relief: Telangana Allowed to Appoint Judges Despite Rule Dispute
22Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s One-Time Relief: Telangana Allowed to Appoint Judges Despite Rule Dispute

The Supreme Court disposed of appeals challenging the constitutional validity of the Telangana State Judicial Service Rules, 2023. While keeping all legal questions open, it granted a one-time exception, directing the High Court to declare results and appoint the qualified appellants without treating the order as a precedent, thereby resolving the immediate recruitment impasse. Facts Of The Case: The case originated from a recruitment process for District Judges in Telangana. The appellants, advocates, had applied in April 2023 under the then-existing rules. However, in June 2023, the state introduced new rules, the Telangana State Judicial Service Rules, 2023. A key provision, Rule 5(5.1)(a), restricted eligibility to advocates who had been practicing specifically in the High Court of T...
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Supreme Court Settles Dadra & Nagar Haveli Land Case, Vacates Status Quo After Decades
15Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Settles Dadra & Nagar Haveli Land Case, Vacates Status Quo After Decades

The Supreme Court upheld the rescission of land grants for breach of mandatory cultivation conditions under the Portuguese-era Organic Structure. It ruled that the conditions, rooted in public policy, could not be waived or condoned by mere state inaction. The Court further held that new legal grounds cannot be raised at the appellate stage, confining its analysis to the original pleadings and the specific provisions of the agrarian law. Facts Of The Case: The case concerns land in Dadra and Nagar Haveli, originally granted by the Portuguese government between 1923 and 1930 under contracts known as ‘Alvaras’. These grants, based on the legal principle of ‘emphyteusis’, gave the holders inheritable and transferable rights subject to the mandatory condition of bringing the land und...
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Supreme Court’s Mixed Verdict for a Forest Officer :Right Declared, But Promotion Delayed
24Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Mixed Verdict for a Forest Officer :Right Declared, But Promotion Delayed

The Supreme Court ruled that the term "State Forest Service" under the Indian Forest Service (Recruitment) Rules, 1966, refers to the service as a whole, not individual posts. The Court held that once a state service is approved, its substantively appointed gazetted officers, including Forest Range Officers, are eligible for consideration for promotion to the Indian Forest Service. Facts Of The Case: The appellant, P. Maruthi Prasada Rao, was appointed as a Forest Range Officer (FRO) in 2006. In 2021, he petitioned the authorities, arguing that FROs should be considered part of the "State Forest Service" and thus be eligible for promotion to the Indian Forest Service (IFoS) when sufficient numbers of senior officers like Deputy Conservators of Forests (DCFs) and Assistant Conserv...
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