Tag: Indian judiciary.

Supreme Court Settles Decade-Long Hydel Power Tariff Battle, Explains Limits of Private PPA Changes
1Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Settles Decade-Long Hydel Power Tariff Battle, Explains Limits of Private PPA Changes

The Supreme Court affirmed that the electricity tariff and Power Purchase Agreements (PPAs) are not purely private contracts. Under Section 86(1)(b) of the Electricity Act, 2003, they must be reviewed and approved by the State Electricity Regulatory Commission. A generating company and distribution licensee cannot unilaterally set or modify tariffs without the regulatory commission's mandatory approval. Facts Of The Case: The case originated from a dispute over the tariff payable for electricity supplied by M/s. KKK Hydro Power Limited. The company initially established a 3 MW hydro plant under a 2000 Power Purchase Agreement (PPA) with a fixed tariff of ₹2.50/kWh. In 2007, it augmented the project's capacity to 4.90 MW. A new PPA was executed in 2008 for the revised capacity, but it ret...
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Supreme Court Acquits Mother-in-Law, Cites Lack of Evidence in Dowry Harassment Case
1Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Mother-in-Law, Cites Lack of Evidence in Dowry Harassment Case

The Supreme Court acquitted the appellant of charges under Section 498-A IPC. It held that the conviction, based solely on uncorroborated testimony of interested witnesses, was unsustainable. The Court emphasized that cruelty under Section 498-A must be proven by continuous or persistent conduct likely to drive a woman to suicide, which was not established by the prosecution evidence. Facts Of The Case: The case originated from the death of Chandra Devi, who was found deceased in her matrimonial home on June 15, 2001. Her father, Dharmanand Joshi (PW-1), filed a complaint the next day, alleging that his daughter had committed suicide by hanging. He reported seeing wounds on her body and expressed suspicion about her death, stating that the deceased had previously told him her mother-in-l...
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Supreme Court Relief for Companies: Tax Exemption for Vehicles Confined to Plant Premises
1Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Relief for Companies: Tax Exemption for Vehicles Confined to Plant Premises

The Supreme Court ruled that motor vehicle tax under the Andhra Pradesh Act is leviable only if a vehicle is used or kept for use in a "public place." It held that restricted industrial premises, inaccessible to the public, do not constitute a public place. Consequently, vehicles operating exclusively within such enclosed areas are not liable for the tax, and a rule creating a presumption of 'use' must be read in harmony with this charging section. Facts Of The Case: The appellant, M/s Tarachand Logistic Solutions Limited, was awarded a contract to operate within the enclosed central dispatch yard of the Visakhapatnam Steel Plant (RINL). Pursuant to this, it deployed 36 registered motor vehicles which, from April 1, 2021, were confined solely to operating inside this restricted premises,...
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Supreme Court Rules: Govt Can’t Cancel Ongoing Job Recruitments Midway
1Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Govt Can’t Cancel Ongoing Job Recruitments Midway

This Supreme Court judgment reiterates that executive instructions, such as a New Recruitment Policy, cannot override or supplant statutory rules or rules framed under Article 309 of the Constitution. A recruitment process, once commenced under specific statutory rules, cannot be altered midway by executive fiat, as doing so amounts to changing the rules of the game after it has begun and violates principles of fairness and legitimate expectation. Facts Of The Case: The State of Tripura initiated a recruitment process for the post of Enrolled Followers in the Tripura State Rifles, conducted strictly under the Tripura State Rifles Act, 1983 and its corresponding Rules. The process, involving advertisements, physical tests, written exams, and interviews, had advanced significantly, with pr...
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Landmark Ruling: Supreme Court Bars Prosecution of Company Directors Without Suing the Company First
30Sep By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling: Supreme Court Bars Prosecution of Company Directors Without Suing the Company First

The Supreme Court quashed the criminal defamation proceedings against the bank officials. It held that for offences under the Indian Penal Code, there is no concept of vicarious liability. Prosecuting officers without arraigning the company as an accused and without specific allegations of their culpable role is impermissible and an abuse of process. Facts Of The Case: The case originated from a loan default by Phoenix India, which had secured credit facilities from the Bank of Baroda. After the firm's account was classified as a non-performing asset, the Bank initiated recovery under the SARFAESI Act. A critical error occurred when the Bank issued a symbolic possession notice under Section 13(4) of the Act, which inadvertently quoted the outstanding dues as approximately Rs. 56.15 cro...
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Supreme Court Landmark Ruling: Proprietor and His Business Are Not Separate Legal Entities
30Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Landmark Ruling: Proprietor and His Business Are Not Separate Legal Entities

The Supreme Court held that a proprietorship concern is not a juristic person and a suit filed against the proprietor personally is maintainable. Order XXX Rule 10 of the CPC is merely enabling and does not bar a suit against the proprietor, who remains the real party in interest for all transactions conducted in the trade name. Facts Of The Case: The appellants, owners of a property, leased it to Aditya Motors, a sole proprietorship concern of respondent Pilla Durga Prasad, via a registered lease deed. After the lease expired, the lessee failed to vacate, prompting the appellants to file an eviction suit. The original suit named the lessee as defendant no.1 (Aditya Motors), along with the sub-lessee and its directors. During the proceedings, the appellants amended the plaint, substituti...
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Beyond Reasonable Doubt: Supreme Court Frees Men, Citing Gaps in Circumstantial Case
30Sep By The Legal ChamberNo Comments
Supreme Court

Beyond Reasonable Doubt: Supreme Court Frees Men, Citing Gaps in Circumstantial Case

The Supreme Court acquitted the accused, ruling the prosecution failed to establish a complete chain of circumstantial evidence. Key scientific evidence, including DNA reports, was deemed inadmissible due to an unproven chain of custody and procedural flaws. The Court emphasized that suspicion, however strong, cannot substitute for proof beyond reasonable doubt. Facts Of The Case: On the evening of September 4, 2012, a 12-year-old girl left her home to answer the call of nature and did not return. Her parents initiated a search throughout the night. The next morning, her denuded body was discovered in a paddy field belonging to Harikrishna Sharma. Her personal belongings, including her slippers, water canister, and underwear, were found scattered in an adjacent field cultivated by the ac...
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Landmark Ruling: Supreme Court Says Not Every Act Against a Child is “Abuse”
29Sep By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling: Supreme Court Says Not Every Act Against a Child is “Abuse”

The Supreme Court acquitted the appellant of charges under Section 8(2) of the Goa Children's Act, 2003, ruling that a single, incidental act of hitting a child with a school bag during a scuffle, absent evidence of deliberate cruelty or sustained maltreatment, does not meet the legal definition of "child abuse." The Court also set aside the conviction under Section 504 IPC, finding no intent to provoke a breach of peace. However, convictions under Sections 323 and 352 IPC were upheld, with the appellant granted probation. Facts Of The Case: On February 1, 2013, an incident occurred on the premises of St. Ann’s School in Goa involving the appellant, Santosh Khajnekar. He was alleged to have hit a child with a school bag belonging to his own son during a sudden altercation. The Fi...
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Supreme Court Ruling : Businesses Take Note ,Email Exchanges Can Create a Binding Arbitration Agreement
29Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ruling : Businesses Take Note ,Email Exchanges Can Create a Binding Arbitration Agreement

This Supreme Court judgment reaffirms that a valid arbitration agreement can be constituted through conduct and correspondence, without a signed contract. The Supreme Court held that if parties have demonstrably acted upon the terms of an unsigned agreement, they are bound by its arbitration clause, and a referral court need only conduct a prima facie review of the agreement's existence. Facts Of The Case: The dispute arose from a proposed contract for the sale of 6,000 metric tons of zinc metal between Glencore International AG (Appellant) and Shree Ganesh Metals (Respondent No.1). The terms were negotiated via email, and Glencore sent a formal contract (No. 061-16-12115-S) incorporating an arbitration clause, which it signed. The Respondent, however, never signed this document. Despite...
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A New Lease on Life: Supreme Court Allows Death Penalty Review Based on New Mitigation Guidelines
29Sep By The Legal ChamberNo Comments
Supreme Court

A New Lease on Life: Supreme Court Allows Death Penalty Review Based on New Mitigation Guidelines

This Supreme Court judgment holds that its extraordinary power under Article 32 of the Constitution can be invoked to reopen the sentencing stage in death penalty cases that have attained finality. This is permissible to remedy a clear breach of the procedural safeguards for individualized sentencing mandated in Manoj v. State of M.P., which are integral to the fundamental rights under Articles 14 and 21. The Court clarified that such judicial declarations operate retrospectively. Facts Of The Case: The case concerns the petitioner, Vasanta Sampat Dupare, who was convicted and sentenced to death for the 2008 kidnapping, sexual assault, and murder of a four-year-old girl in Nagpur. His conviction and death sentence were confirmed by the High Court in 2012 and ultimately upheld by the Supr...
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