Tag: Judicial Precedent

Supreme Court Directs Madhya Pradesh to Follow Central Rules for Forest Officers Performance Reports
4Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Directs Madhya Pradesh to Follow Central Rules for Forest Officers Performance Reports

The Supreme Court quashed the Madhya Pradesh Government Order (G.O.) dated 29th June 2024, which allowed IAS officers to evaluate Indian Forest Service (IFS) officers' Performance Appraisal Reports (PAR). Reaffirming its 2000 ruling, the Court held that IFS officers up to the rank of Additional Principal Chief Conservator must be assessed by their departmental superiors, not IAS officers, to maintain service hierarchy and accountability under the All-India Services (Confidential Rolls) Rules, 1970. The State was directed to amend its rules within one month to comply with this mandate. Facts Of The Case: The case arose from a challenge to the Madhya Pradesh Government Order (G.O.) dated 29th June 2024, which mandated that Indian Administrative Service (IAS) officers – specifically Distric...
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Supreme Court Upholds Teacher’s Dismissal Over Fake Transfer Order – Natural Justice Principles Explained
4Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Teacher’s Dismissal Over Fake Transfer Order – Natural Justice Principles Explained

The Supreme Court held that natural justice violations must cause actual prejudice to invalidate disciplinary proceedings. Technical non-compliance with procedural rules doesn't automatically vitiate departmental action. Courts assess whether different outcomes would emerge if procedures were followed. Preponderance of probability standard applies in disciplinary cases, not criminal proof standards. Facts Of The Case: S. Janaki Iyer was appointed as a Hindi trained graduate teacher at Kendriya Vidyalaya Sanghathan, Bangalore on probation from January 11, 1989, and became permanent from April 16, 1992. Since her husband worked in Mumbai, she sought transfer from Bangalore to Mumbai or Pune. A transfer order dated October 1, 1991, allegedly signed by VK Jain, Assistant Commissioner (Headqu...
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No Double Benefits: Supreme Court Clarifies Double Deduction Rules Under Income Tax Act
3Jun By The Legal ChamberNo Comments
Supreme Court

No Double Benefits: Supreme Court Clarifies Double Deduction Rules Under Income Tax Act

The Supreme Court ruled that Section 80-IA(9) of the Income Tax Act, 1961, bars double deductions on the same profits under both Sections 80-IA and 80-HHC. It held that while deductions can be computed separately under different provisions, the total deduction cannot exceed the eligible profits of the business. The Court upheld the Bombay High Court’s interpretation, clarifying that Section 80-IA(9) restricts the allowability—not computation—of deductions, ensuring taxpayers do not claim overlapping benefits under Chapter VI-A. Facts Of The Case: The case involved Shital Fibers Limited, which filed its income tax return for the Assessment Year 2002-03, declaring a taxable income of ₹46,99,293 and claiming deductions under Sections 80-HHC (export profits) and 80-IA (industrial undertaking...
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Who Pays for Poor Students?:Supreme Court Stops Kerala’s Extra Fee on NRI Medical Students
25May By The Legal ChamberNo Comments
Supreme Court

Who Pays for Poor Students?:Supreme Court Stops Kerala’s Extra Fee on NRI Medical Students

The Supreme Court held that the Kerala government's directive to create a corpus fund from NRI student fees lacked legislative backing, violating the principle that fees cannot be levied without statutory authority. It ruled that unaided institutions retain autonomy over fee structures, subject only to anti-profiteering regulations, and emphasized that welfare measures must be enacted through proper legislation. The Court allowed colleges to retain collected funds but mandated their use for subsidizing economically weaker students. Facts Of The Case: The case arose from a dispute over the Kerala government's directive requiring self-financing medical colleges to contribute a portion of fees collected from Non-Resident Indian (NRI) students towards a corpus fund. This fund aimed to subs...
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No Relaxation in OBC Certificate Requirements: Supreme Court Rules Against Candidates for Wrong OBC Certificate Format
25May By The Legal ChamberNo Comments
Supreme Court

No Relaxation in OBC Certificate Requirements: Supreme Court Rules Against Candidates for Wrong OBC Certificate Format

The Supreme Court upheld the Uttar Pradesh Police Recruitment Board's decision to reject OBC certificates not submitted in the prescribed state format, ruling that compliance with recruitment notification terms is mandatory. The Court emphasized that candidates must adhere to specified requirements and cannot claim relaxation if they fail to meet procedural conditions. Non-compliance disqualifies them from reservation benefits, as the state's format ensures verification of creamy layer exclusion. The judgment reinforced that recruitment rules must be strictly followed, and courts should not interfere unless constitutional violations are established. Facts Of The Case: The case involved two civil appeals arising from separate writ petitions challenging the Uttar Pradesh Police Recruitment...
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Supreme Court Rejects Appeal in Dowry Harassment Case : Confirms 10-Year Jail for Husband in Dowry Death Case
24May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rejects Appeal in Dowry Harassment Case : Confirms 10-Year Jail for Husband in Dowry Death Case

The Supreme Court upheld the conviction under Section 304-B IPC (dowry death), affirming that the prosecution proved demand of dowry, cruelty, and unnatural death within seven years of marriage. The Court emphasized the presumption under Section 113-B of the Evidence Act, shifting the burden to the accused, who failed to rebut it. It clarified that contradictory defenses (accidental fall vs. suicide) weaken the accused's case, and consistent witness testimonies established dowry harassment. The judgment reinforced strict scrutiny of dowry-related deaths and dismissed the appeal, sustaining the 10-year rigorous imprisonment sentence. Facts Of The Case: The case involved the death of Punita (alias Gayatri), who married the accused-appellant Virender Pal on February 28, 2008. Within months ...
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“Can Courts Reject a Plaint for Skipping Mediation? :Supreme Court’s Strict Rule for Commercial Cases”
22May By The Legal ChamberNo Comments
Supreme Court

“Can Courts Reject a Plaint for Skipping Mediation? :Supreme Court’s Strict Rule for Commercial Cases”

The Supreme Court upheld the mandatory nature of Section 12A of the Commercial Courts Act, 2015, requiring pre-institution mediation for commercial suits unless urgent interim relief is sought. However, it clarified that non-compliance before August 20, 2022 (the date of its earlier ruling in Patil Automation) does not warrant plaint rejection—instead, courts may refer parties to mediation while keeping suits in abeyance. The judgment harmonizes procedural rigor with practical enforcement, ensuring mediation’s role in reducing litigation backlog without unduly penalizing past filings. Facts Of The Case: The case arose from a money suit filed by the Union of India against M/s Dhanbad Fuels Pvt. Ltd. in the Commercial Court, Alipore, seeking recovery of ₹8.73 crores as differential freight...
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“Can Employers Enforce a Minimum Service Period” Supreme Court Upholds Employees Must Pay for Premature Resignation
20May By The Legal ChamberNo Comments
Supreme Court

“Can Employers Enforce a Minimum Service Period” Supreme Court Upholds Employees Must Pay for Premature Resignation

The Supreme Court upheld the validity of Vijaya Bank's employment bond clause requiring a minimum 3-year service period or payment of Rs. 2 lakhs for premature resignation. The Court ruled this condition does not violate Section 27 of the Indian Contract Act (restraint of trade) as it applies during employment, nor is it opposed to public policy under Section 23. The judgment clarified that while standard form contracts reflect unequal bargaining power, such terms remain enforceable unless proven unconscionable or unreasonable. The Court recognized the bank's legitimate interest in maintaining workforce stability through such reasonable restrictions. This decision reinforces the distinction between restraints during employment versus post-employment and sets parameters for evaluating liqui...
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