Tag: Judicial Review

Supreme Court Upholds Level Playing Field, Strikes Down Arbitrary Tender Clause
27Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Level Playing Field, Strikes Down Arbitrary Tender Clause

The Supreme Court struck down a tender condition requiring prior supply experience within Chhattisgarh as violative of Articles 14 and 19(1)(g) of the Constitution. The condition was held arbitrary for creating an artificial barrier, restricting competition, and offending the doctrine of a level playing field without a rational nexus to the tender's object. Facts Of The Case: The appellant, Vinishma Technologies Pvt. Ltd., a company with experience supplying Sports Kits to several other states, challenged specific eligibility conditions in three tender notices issued by the State of Chhattisgarh for the supply of Sports Kits to government schools. The company was aggrieved by condition no. 4, which required bidders to have supplied sports goods worth at least Rs. 6.00 crores to state gov...
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Natural Justice Upheld: Supreme Court Says Parties Must Be Heard on Adverse Directions
27Nov By The Legal ChamberNo Comments
Supreme Court

Natural Justice Upheld: Supreme Court Says Parties Must Be Heard on Adverse Directions

The Supreme Court ruled that a writ court cannot travel beyond the reliefs sought in the petition and pass adverse orders that render a petitioner worse off. Such directions, issued without notice, violate principles of natural justice. A litigant cannot be penalized for approaching the court, as it would seriously impact access to justice. Facts Of The Case: The case involved the Cochin Devaswom Board and the Chinmaya Mission Trust. The Trust had been allotted land in 1974 near the Vadakkunnathan Temple in Thrissur to build a hall for marriages and cultural activities, for an annual license fee of Rs. 101. After subsequent allotments, the total fee was fixed at Rs. 227.25 per annum. In 2014, the Board unilaterally enhanced this fee to Rs. 1,50,000 per annum. The Trust challenged this dr...
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Why the Accused Were Freed: Supreme Court Explains Legal Holes in Prosecution’s Murder Conspiracy Case
27Nov By The Legal ChamberNo Comments
Supreme Court

Why the Accused Were Freed: Supreme Court Explains Legal Holes in Prosecution’s Murder Conspiracy Case

The Supreme Court upheld the High Court's acquittal, emphasizing the prosecution's failure to prove guilt beyond reasonable doubt. The evidence presented, including motive, last seen theory, and recoveries, was found unreliable, inconclusive, and legally inadmissible. The Court reiterated that appellate interference in an acquittal is unwarranted unless the judgment is perverse or based on a misreading of evidence. Facts Of The Case: The case originated from the murder of Shri Suresh Sharma, whose body was discovered on January 23, 2006, with his hands tied and visible signs of strangulation. The prosecution's case was that the respondents, Bhanwar Singh, Hemlata, and Narpat Choudhary, conspired to kill the deceased due to various motives. It was alleged that Hemlata and her husband Na...
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Supreme Court Landmark Ruling: Income for Accident Claim Not Capped by Workmen’s Compensation Act
25Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Landmark Ruling: Income for Accident Claim Not Capped by Workmen’s Compensation Act

The Supreme Court held that in a claim petition under Section 166 of the Motor Vehicles Act, 1988, the Tribunal must assess compensation based on the Act's principles. It is impermissible to apply the income ceiling from the Workmen's Compensation Act, 1923, once the claimant has elected the remedy under the M.V. Act. Facts Of The Case: The appellant, a 23-year-old lorry loader, suffered grievous injuries in a vehicular accident on 1st December 2015, which resulted in the amputation of his right leg below the knee. He filed a claim petition before the Motor Accident Claims Tribunal seeking compensation. The Tribunal, assessing his monthly income at Rs. 9,000, awarded a total compensation of Rs. 19,35,400, which included a significant component for future loss of income. On appeal by ...
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Supreme Court Upholds CCI’s Power: No Second Notice Needed Before Imposing Penalty
25Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds CCI’s Power: No Second Notice Needed Before Imposing Penalty

This Supreme Court judgement clarifies that the Competition Commission of India (CCI) is not mandated to issue a second, separate show-cause notice specifically proposing the penalty. A single notice, which forwards the investigation report alleging contravention and invites a reply, constitutes sufficient compliance with natural justice. The legal scheme envisages a consolidated hearing on both liability and penalty, with the appellate body serving as a check against disproportionate penalties. Facts Of The Case: An information was filed with the Competition Commission of India (CCI) by M/s Crown Theatre against the Kerala Film Exhibitors Federation (KFEF) and its office-bearers. The complaint alleged that KFEF, along with its President and General Secretary, engaged in anti-compe...
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Landmark Ruling: Supreme Court Backs Creditors & JSW, Shuts Door on Promoter Interference
22Nov By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling: Supreme Court Backs Creditors & JSW, Shuts Door on Promoter Interference

This Supreme Court judgment reinforces the finality and binding nature of an approved resolution plan under the IBC. It held that claims not part of the Request for Resolution Plan (RfRP) or the final plan are extinguished, preventing "hydra-headed" post-approval claims. The commercial wisdom of the Committee of Creditors (CoC) in approving the plan is paramount and not open to judicial review on merits. Facts Of The Case: The case originated from the Corporate Insolvency Resolution Process (CIRP) of Bhushan Power and Steel Limited (BPSL), initiated in 2017. JSW Steel Limited was selected as the Successful Resolution Applicant (SRA), and its resolution plan was approved by the Committee of Creditors (CoC) and later by the National Company Law Tribunal (NCLT) in September 2019. However,...
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Supreme Court Rules: Bank’s Illegal Mortgage Voids Multi-Crore Property Auction
21Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Bank’s Illegal Mortgage Voids Multi-Crore Property Auction

The Supreme Court quashed the e-auction sale as the proclamation violated Rule 53 of the Income Tax Act's Second Schedule, applicable via the RDDB Act. It failed to disclose material encumbrances, specifically DDA's claim for unearned increase. The Court held the sale was void, applying principles of restitution to refund the auction purchaser with interest. Facts Of The Case: The Delhi Development Authority (DDA) allotted a plot to Sarita Vihar Club on a leasehold basis. The club mortgaged the plot to Corporation Bank without obtaining the mandatory prior written consent from the Lieutenant Governor, as required by the lease deed. When the club defaulted on its loan, the Bank initiated recovery proceedings. The Debt Recovery Tribunal (DRT) ordered the sale of the plot. Despite DDA's obj...
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Supreme Court Cracks Down on Misuse of Disciplinary Process, Imposes Costs on Bar Council
19Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Cracks Down on Misuse of Disciplinary Process, Imposes Costs on Bar Council

The Supreme Court ruled that a disciplinary complaint under the Advocates Act cannot be maintained by a litigant against the opposing party's advocate, absent a jural relationship. It further held that a State Bar Council's referral order must record reasoned satisfaction of a prima facie case of misconduct, and a cryptic order is legally unsustainable. Facts Of The Case: The case originated from a complaint filed by Khimji Devji Parmar with the Bar Council of Maharashtra and Goa (BCMG) against advocate Rajiv Nareshchandra Narula. Parmar alleged that his late father was a partner in a firm, M/s. Volga Enterprises, which had rights over a disputed property. A suit concerning this land was pending before the High Court, involving the original owner, Nusli Randelia, and a claimant, M/s. Uni...
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Supreme Court Rules: How a Tax Exemption for Local Manufacturers Failed the Constitutional Test
19Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: How a Tax Exemption for Local Manufacturers Failed the Constitutional Test

This Supreme Court judgment struck down a Rajasthan VAT exemption notification for violating Article 304(a) of the Constitution. The Court held that granting a tax exemption exclusively to locally manufactured asbestos goods, without a valid justification discernible from the notification itself, constituted discriminatory protectionism against imported goods and was not a permissible differentiation. Facts Of The Case: The appellants, manufacturers of asbestos cement products with manufacturing units outside Rajasthan but sales depots within the state, challenged a Rajasthan Government notification dated 09.03.2007. This notification granted an exemption from Value Added Tax on the sale of asbestos cement sheets and bricks manufactured within Rajasthan, provided they contained 25% or mo...
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Supreme Court: Delay or Criminal Antecedents Alone Cannot Cancel Bail
13Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Delay or Criminal Antecedents Alone Cannot Cancel Bail

The Supreme Court clarified the distinction between bail cancellation and revocation, emphasizing that revocation is permissible if the initial bail order was perverse or illegal. The Court reiterated that while ensuring a fair trial is paramount, the principle of "bail, not jail" prevails, and stringent conditions can adequately mitigate risks of witness tampering or evidence influence. Facts Of The Case: A First Information Report was registered on 19th December 2021 against unknown persons for offences including murder, following the death of a victim who was allegedly followed and brutally attacked by a group due to political enmity. The appellants, identified as activists of a political organization, were subsequently arrested. In December 2022, after nearly a year in cu...
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