Tag: judicial observations

Supreme Court Rules on Vicarious Liability in Group Assault Case
13Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules on Vicarious Liability in Group Assault Case

In this Supreme Court judgement, the Supreme Court affirmed the conviction of appellants under Sections 302 and 307 read with Section 149 IPC. The Court clarified that vicarious liability under Section 149 applies when a member of an unlawful assembly shares its common object, irrespective of direct commission of the fatal act. It upheld that active facilitation and participation in a coordinated attack establishes guilt. Facts Of The Case: On April 27, 1999, Ankush Gholap and others were returning from Bhor in a jeep when they were intercepted by six accused persons on two motorcycles. The accused, armed with weapons like knives and a sattur, stopped the jeep near Navi Ali. Accused no. 3 removed the jeep's keys and assaulted the driver, while the others dragged Ankush and two other occu...
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Supreme Court Sides with Property Buyer: Restores ₹20 Crore Award Against Nashik Municipal Corporation
31Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Sides with Property Buyer: Restores ₹20 Crore Award Against Nashik Municipal Corporation

This Supreme Court judgment interprets Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, affirming the method for determining market value based on comparable sale instances. It clarifies that rental compensation for pre-acquisition occupation is not statutorily mandated, but equitable interest may be awarded under Section 28 for specific periods of dispossession. Facts Of The Case: This case concerns a long-standing dispute over a 37-Are (3,700 sq. m.) plot of land in Nashik, originally part of Survey No. 8/1. In 1972, the Nashik Municipal Corporation (then Council) resolved to reserve the land for public purposes and took possession of this portion without formal acquisition. A 1978 notification under land acqu...
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Public Trust Doctrine Extended: Supreme Court Says Man-Made Lakes Must Also Be Protected for Public Good
29Nov By The Legal ChamberNo Comments
Supreme Court

Public Trust Doctrine Extended: Supreme Court Says Man-Made Lakes Must Also Be Protected for Public Good

The Supreme Court ruled that a man-made lake constructed for irrigation is not a statutory "wetland" under the 2017 Rules, exempting it from a complete ban on permanent construction. However, the Court applied the Public Trust Doctrine, extending its protection to such artificial water bodies and prohibiting permanent structures to ensure ecological balance and public use. Facts Of The Case: The appellant, Swacch Association, an environmental organization, filed a Public Interest Litigation before the Bombay High Court challenging various construction and recreational projects in and around the Futala Lake in Nagpur. The association argued that the lake was a protected 'wetland,' and that the construction of a Viewer's Gallery on its bank, the installation of a Musical Fountain and an ar...
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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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Justice Delayed is Justice Denied: Supreme Court Orders Strict Timelines for Pronouncing Judgments
29Sep By The Legal ChamberNo Comments
Supreme Court

Justice Delayed is Justice Denied: Supreme Court Orders Strict Timelines for Pronouncing Judgments

This Supreme Court judgment reiterates the legal imperative for timely pronouncement of reserved judgments to uphold the right to speedy justice. The Supreme Court directed all High Courts to strictly adhere to the guidelines established in Anil Rai v. State of Bihar, mandating a monitoring mechanism by the Registrar General and the Chief Justice to ensure judgments are delivered within three months of being reserved. Facts Of The Case: The appellant, the de-facto complainant in the case, challenged interim orders from the High Court of Judicature at Allahabad concerning a long-pending criminal appeal filed by respondent no. 2 in 2008. The core grievance was the inordinate delay in the High Court's disposal of this criminal appeal. The appeal had initially been heard at length by a Div...
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Conduct Matters: Supreme Court Confirms Auction Sale but Orders Buyer to Pay Extra ₹25 Lakh/Acre
29Sep By The Legal ChamberNo Comments
Supreme Court

Conduct Matters: Supreme Court Confirms Auction Sale but Orders Buyer to Pay Extra ₹25 Lakh/Acre

The Supreme Court upheld the High Court's decision confirming the validity of a court-auctioned property sale. It endorsed the directions for a fresh survey to demarcate the exact purchased area and for the auction purchaser to pay additional consideration, citing his conduct, while ruling that subsequent challenges to the sale were barred by law. Facts Of The Case: The dispute originated from a debt recovery proceeding initiated by the Karnataka State Financial Corporation (KSFC) against a company, for which the respondent, G.M. Krishna, was a guarantor. Following a decree, KSFC attached the respondent's agricultural land for auction. The appellant, R. Raghu, emerged as the highest bidder in a court auction in 2003, and a sale certificate was subsequently issued. The responden...
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Supreme Court’s New Rule: Stray Dogs Can Be Returned to Streets After Sterilization
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s New Rule: Stray Dogs Can Be Returned to Streets After Sterilization

This Supreme Court order modifies its earlier directions on stray dog management, balancing fundamental rights under Article 21 (Right to Life) with the statutory Animal Birth Control (ABC) Rules, 2023. The Court clarified that sterilized and immunized dogs must be released back to their localities as per Rule 11(19) of the ABC Rules, while allowing permanent impounding only for rabid or aggressively dangerous dogs. It issued supplementary directives, including creating designated feeding zones, and expanded the case's scope to all states and union territories for a uniform national policy. Facts Of The Case: The Supreme Court's intervention was triggered by a suo motu cognizance of a news report titled “City Hounded by Strays, Kids Pay Price,” detailing the death of a six-year-o...
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Supreme Court Rules :Landowners Can’t Get Uniform Compensation for Power Lines
20Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules :Landowners Can’t Get Uniform Compensation for Power Lines

The Supreme Court set aside the High Court's judgment for failing to properly assess compensation under the Indian Telegraph Act, 1885. It emphasized that compensation must be determined based on location-specific evidence and remanded the cases. The Court also highlighted the absence of a statutory appeal mechanism against orders of the District Judge and referred the issue to the Law Commission for examination. Facts Of The Case: A power transmission project titled "400 KV Jhajjar Power Transmission System-PPP-1" was initiated by HVPNL in Haryana. Jhajjar KT Transco Private Limited (JKTPL) was awarded the project, which sub-contracted the erection work to Kalpataru Power Transmission Ltd. The 100 km-long transmission line passed through land in four districts, including Sonepat and Jha...
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Supreme Court Slams Trend of “Transfer Culture” and Baseless Criticism of Judges
13Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Slams Trend of “Transfer Culture” and Baseless Criticism of Judges

The Supreme Court reaffirmed that a lawyer's primary duty is to the court, not the client, especially when allegations scandalize the judiciary. Signing pleadings with unverified, scurrilous remarks against judges constitutes contempt. The Court emphasized that such actions, even under client instruction, violate professional ethics and the majesty of law. Facts Of The Case: In Transfer Petition (Criminal) No. 613 of 2025, the petitioner, N. Peddi Raju, sought to transfer his case, Criminal Petition No. 4162 of 2020, from the Telangana High Court to the Bombay High Court's Nagpur Bench. The primary grounds for this request were allegations of bias and procedural discrimination against the learned Single Judge hearing the matter. The petitioner specifically contended that his argu...
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