Tag: Judicial Review

Supreme Court Upholds National Fraternity: Teaching Experience Across India Counts
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds National Fraternity: Teaching Experience Across India Counts

The Supreme Court held that a government notification extending the retirement age must be interpreted purposively, and a condition requiring "10 years of teaching experience in any State-aided university" includes experience from universities outside the state. Excluding such experience was found to be an arbitrary and discriminatory classification violating the right to equality under Article 14. Facts Of The Case: The appellant was initially appointed as a teacher in a government college in Assam in 1991, where he served for 16 years. In 2007, he was selected for a non-teaching post at Burdwan University, West Bengal, based on his qualifications and experience, and was later promoted in 2012. In 2021, the State of West Bengal issued a notification increasing the retirement age from 60...
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Supreme Court Upholds Acquittal: Doubtful Dying Declaration Cannot Secure Murder Conviction
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Acquittal: Doubtful Dying Declaration Cannot Secure Murder Conviction

The Supreme Court upheld the acquittal, emphasizing the well-settled principle that an appellate court should not interfere with an acquittal unless the findings are perverse and the only possible view is of guilt. The Court found the prosecution's evidence, particularly the dying declaration, unreliable due to material contradictions and the victim's precarious medical condition, making the case fit for the application of the benefit of doubt. Facts Of The Case: Based on the accusation of Poona Bai (PW-10), the prosecution's case was that on March 10, 2003, the accused-respondent, Ramveer Singh, forcibly entered their house and set her granddaughter, Badami Bai, on fire by pouring kerosene on her. The alleged motive was retaliation for a rape complaint filed against the accused's son by...
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Supreme Court: Jail Overcrowding Can’t Be a Ground for Granting Bail in Heinous Crimes
25Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Jail Overcrowding Can’t Be a Ground for Granting Bail in Heinous Crimes

The Supreme Court held that the High Court erred in granting bail without properly considering the absence of "new circumstances" as mandated by the Court's earlier judgment cancelling bail. The impugned order lacked cogent reasoning, relied on irrelevant factors like jail overcrowding, and failed to accord due deference to the Supreme Court's previous decision, warranting its quashing. Facts Of The Case: The case involves an appeal by the informant, Ajwar, against an order of the Allahabad High Court granting bail to the accused, Waseem. Waseem was charged under various sections of the IPC, including Section 302 (murder). His bail was initially granted by the High Court in 2022 but was cancelled by the Supreme Court. A subsequent grant of bail by the High Court was again cancelled by th...
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Supreme Court Rules: Rejecting Job Regularization on Multiple Grounds is Not Contempt of Court
25Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Rejecting Job Regularization on Multiple Grounds is Not Contempt of Court

The Supreme Court held that the authority's order, which rejected regularization claims on multiple fresh legal grounds—including qualifications and financial burden—constituted valid compliance with the High Court's direction. Since the rejection was not solely based on the prohibited "contract labour" ground, it could not be construed as wilful disobedience amounting to contempt of court. Facts Of The Case: The case originated from drivers engaged by the New Okhla Industrial Development Authority (NOIDA) seeking regularization of their services. Their initial representation was rejected by the NOIDA CEO in 2017 solely on the ground that they were intermittent workers hired through a contractor. This rejection was challenged and set aside by the Allahabad High Court in February 2020, wh...
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Supreme Court Quashes Life Ban on Kerala Cricketer, Slams “Non-Transparent” Ombudsman Process
25Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes Life Ban on Kerala Cricketer, Slams “Non-Transparent” Ombudsman Process

The Supreme Court held that the Ombudsman's proceedings lacked transparency and violated principles of natural justice by not providing the appellant with copies of orders and a fair hearing. The subsequent blacklisting by the cricket association, based on these flawed proceedings, was also set aside. The matter was remanded for a fresh hearing. Facts Of The Case: The appellant, a former Ranji Trophy player and member of a district cricket association, filed an original application before the Ombudsman of the Kerala Cricket Association (KCA). He sought directions to frame and implement uniform model bye-laws for all district associations, based on the Lodha Committee recommendations, and to ensure elections were conducted in conformity with these bye-laws. The Ombudsman dismissed his app...
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Supreme Court Reduces Life Term in POCSO Case, Cites Constitutional Protection Against Harsher Retroactive Penalties
23Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Reduces Life Term in POCSO Case, Cites Constitutional Protection Against Harsher Retroactive Penalties

The Supreme Court upheld the conviction under Section 6 of the POCSO Act but modified the sentence. Relying on Article 20(1) of the Constitution, it held that the enhanced punishment of imprisonment for the remainder of natural life, introduced by the 2019 amendment, could not be applied retrospectively to an offence committed prior to its enactment. Facts Of The Case: On May 20, 2019, the appellant, Saturam Mandavi, was accused of luring a five-year-old girl to his house and raping her while her parents were away attending a marriage ceremony in the village. The victim's mother, upon returning and being unable to locate her daughter, confronted the appellant at his house, after which he fled. An FIR was subsequently registered against him. The Trial Court convicted the appellant under S...
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Abuse of Legal Process? : Supreme Court Quashes Second Petition , Not Allowed Without New Grounds
18Aug By The Legal ChamberNo Comments
Supreme Court

Abuse of Legal Process? : Supreme Court Quashes Second Petition , Not Allowed Without New Grounds

The Supreme Court ruled that a second quashing petition under Section 482 CrPC is impermissible if based on grounds available during the first petition, as it effectively amounts to a review barred under Section 362 CrPC. The Court emphasized that inherent powers cannot override statutory prohibitions, preventing abuse of legal process through successive petitions. The judgment reaffirmed that change in circumstances or new grounds must be demonstrated for entertaining subsequent quashing petitions, ensuring judicial discipline and preventing harassment via repetitive litigation. The High Court's order allowing a second petition was set aside, restoring the criminal complaint for trial. Facts Of The Case: The case involves a dispute between the appellant, M.C. Ravikumar, and the respon...
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Arbitrary Recruitment? Supreme Court Slams Punjab for Ignoring UGC & PSC Norms
8Aug By The Legal ChamberNo Comments
Supreme Court

Arbitrary Recruitment? Supreme Court Slams Punjab for Ignoring UGC & PSC Norms

The Supreme Court ruled that the Punjab government's recruitment of Assistant Professors and Librarians violated constitutional and statutory norms. The Court held that the State failed to consult the Punjab Public Service Commission as mandated under Article 320(3)(a) and disregarded UGC Regulations 2010, which were binding. The retrospective amendment to exclude these posts from the Commission’s purview was deemed illegal. The selection process, based solely on a written test without interviews or academic evaluation, was found arbitrary under Article 14. The Court quashed the appointments, directing fresh recruitment in compliance with UGC Regulations 2018. Facts Of The Case: In January 2021, the Punjab government sent requisitions to the Punjab Public Service Commission (PPSC) to fil...
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No Narco Test Without Consent: Supreme Court Cites Constitutional Rights
18Jun By The Legal ChamberNo Comments
Supreme Court

No Narco Test Without Consent: Supreme Court Cites Constitutional Rights

The Supreme Court ruled that involuntary narco-analysis tests violate Articles 20(3) and 21 of the Constitution, affirming that such tests and information derived from them are inadmissible as sole evidence for conviction. While voluntary tests with safeguards are permissible, their results alone cannot lead to conviction. An accused has a right to voluntarily undergo the test during trial, but it's not an indefeasible right; the court must assess all circumstances, including free consent and safeguards. The Court emphasized that a bail application should not involve ordering such involuntary investigative techniques. Facts Of The Case: A First Information Report (FIR No. 545 of 2022) was registered on August 24, 2022, at P.S. Mahua, under various sections of the Indian Penal Code, 1860,...
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Supreme Court Strikes Down Kerala’s Preventive Detention Order: A Win for Personal Liberty
18Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Strikes Down Kerala’s Preventive Detention Order: A Win for Personal Liberty

The Supreme Court of India, in Dhanyam v. State of Kerala & Ors., set aside a preventive detention order, emphasizing that such extraordinary power must be used sparingly and only in situations affecting "public order," not merely "law and order". The Court reiterated that if a detenu is on bail and allegedly violating conditions, the State should seek bail cancellation rather than resorting to preventive detention. Facts Of The Case: The appeal originated from a High Court of Kerala judgment dated September 4, 2024, which affirmed a preventive detention order issued on June 20, 2024, by the District Magistrate, Palakkad. The detenu, Rajesh, the appellant's husband, runs a registered lending firm named 'Rithika Finance'. The detention order, issued under Section 3(1) of the Kerala ...
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