Tag: Judicial Review

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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Supreme Court Backs Discom: Upholds Right to Encash Bank Guarantee in Delayed Solar Project
29Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Backs Discom: Upholds Right to Encash Bank Guarantee in Delayed Solar Project

The Supreme Court held that the Power Purchase Agreement's explicit terms govern the parties' rights. The encashment of the performance bank guarantee was valid as the developer failed to seek an extension under the contractual mechanism or issue a mandatory Force Majeure notice. Regulatory commissions cannot rewrite the contractual risk allocation or grant remedies outside the agreed framework. Facts Of The Case: The dispute arose from a Power Purchase Agreement (PPA) executed between Chamundeshwari Electricity Supply Company Ltd. (CESC) and Saisudhir Energy Pvt. Ltd. for a 10 MW solar power project. The PPA stipulated that the developer was to achieve the Commercial Operation Date (COD) within 12 months, preceded by fulfilling certain Conditions Precedent within 240 days. A critical pr...
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Supreme Court Backs Landowners: Slum Authority Can’t Acquire Land Without Notice
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Backs Landowners: Slum Authority Can’t Acquire Land Without Notice

The Supreme Court affirmed the landowner's preferential right to redevelop a Slum Rehabilitation Area under the Maharashtra Slum Areas Act, 1971. It held that the Slum Rehabilitation Authority must issue a specific notice inviting the owner to submit a redevelopment scheme before any acquisition under Section 14 can be initiated. The 2018 Amendment to the Act did not dilute this mandatory requirement, and acquisition proceedings commenced without such notice were declared illegal. Facts Of The Case: The case concerns a plot of land in Bandra, Mumbai, owned by the Basilica of Our Lady of the Mount (Church Trust). A portion of this land had been encroached by hutments since the 1930s and was declared a slum area in 1978. The slum dwellers formed the Shri Kadeshwari Cooperative Housing Soci...
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Supreme Court Clarifies Slum Laws: Landlords Get First Right to Redevelop Their Property
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Slum Laws: Landlords Get First Right to Redevelop Their Property

This Supreme Court judgement affirms that landowners possess a preferential right to redevelop their property declared as a Slum Rehabilitation Area under the Maharashtra Slum Areas Act, 1971. The Court held that the Slum Rehabilitation Authority must formally invite the landowner to submit a rehabilitation scheme. The power of the State to acquire the land under Section 14 of the Act is subject to this preferential right and cannot be exercised before this right is legally extinguished. Facts Of The Case: The case concerned a land dispute in Mumbai, where Indian Cork Mills Private Limited (ICM) was the owner of a plot that had been encroached upon by slum dwellers. A portion of the land was declared a slum area in 1979, and later, in 2011, the entire plot was declared a Slum Reh...
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Supreme Court’s Balancing Act in Telangana Job Case :Legitimate Expectation vs. Employer’s Right
25Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Balancing Act in Telangana Job Case :Legitimate Expectation vs. Employer’s Right

This Supreme Court judgment reaffirms that candidates in a select list possess no vested right to appointment. An employer's decision to cancel a recruitment process is valid if based on bona fide reasons like administrative changes (e.g., state bifurcation) and altered requirements. The Court's role is limited to examining the decision-making process, not substituting its own view on the sufficiency of accommodations like age relaxation offered to affected candidates. Facts Of The Case: The erstwhile Transmission Corporation of Andhra Pradesh (AP-Transco) initiated a recruitment process in 2011-2012 for 339 Sub-Engineer posts across the composite state. This process was delayed due to litigation challenging the marks weightage given to in-service candidates. While the legal challe...
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Supreme Court Slashes NGT’s ₹50 Crore Fine, Rules Turnover Can’t Dictate Environmental Penalty
25Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Slashes NGT’s ₹50 Crore Fine, Rules Turnover Can’t Dictate Environmental Penalty

In this judgment, the Supreme Court curtailed the National Green Tribunal's (NGT) powers, ruling that environmental compensation cannot be arbitrarily linked to a polluter's turnover, lacking a direct nexus to the actual damage. It also held that the NGT lacks jurisdiction to direct investigations by the Enforcement Directorate under the PMLA, affirming that such actions require a scheduled offence to be registered. The Court emphasized that penalties must be determined based on established methodologies and legal principles, not rhetoric. Facts Of The Case: The case originated from a Public Interest Litigation (PIL) filed by Adil Ansari before the National Green Tribunal (NGT) in 2019 against M/s C.L. Gupta Export Ltd. The allegations were that the company, an exporter of handicraft ite...
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Supreme Court : Courts Can’t Reopen Departmental Inquiries; Role is to Check Procedure, Not Merits
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court : Courts Can’t Reopen Departmental Inquiries; Role is to Check Procedure, Not Merits

This Supreme Court judgment reaffirms the limited scope of judicial review in departmental inquiries. The Supreme Court held that constitutional courts cannot act as appellate authorities to re-examine evidence. Interference is permissible only for procedural illegality, natural justice violations, or manifest perversity, not to reassess the merits of the findings recorded by the disciplinary authority. Facts Of The Case: The respondent, Ramadhar Sao, was employed as a messenger (a Class-IV employee) with the State Bank of India. In 2008, the Bank received complaints alleging he acted as a middleman, taking bribes from customers to facilitate the sanction and disbursement of loans. A chargesheet was issued against him in 2010, accusing him of misconduct for acting as a conduit fo...
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Doctrine of Severability: Supreme Court Says Don’t Punish the Innocent for Administrative Lapses
20Sep By The Legal ChamberNo Comments
Supreme Court

Doctrine of Severability: Supreme Court Says Don’t Punish the Innocent for Administrative Lapses

The Supreme Court distinguished between irregular and illegal appointments, holding that procedural lapses not attributable to the appointees do not render appointments void if made against sanctioned posts by competent authority. The doctrine of severability applies to protect valid appointments from en masse cancellation, ensuring compliance with Articles 14 and 16. Natural justice mandates individual scrutiny before termination. Facts Of The Case: The appellants were initially appointed to Class-IV posts in the Jharkhand State Electricity Board (JSEB) between 2004–2006. Subsequently, they applied for and were selected for Class-III posts (Routine Clerk and Lower Division Assistant) through an internal recruitment process in 2009, pursuant to a standing order. Their appointments were f...
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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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What Qualifies as ‘Goods’? Supreme Court Explains Why a Power Plant Isn’t Eligible for Export Benefits
20Sep By The Legal ChamberNo Comments
Supreme Court

What Qualifies as ‘Goods’? Supreme Court Explains Why a Power Plant Isn’t Eligible for Export Benefits

The Supreme Court held that a press release announcing a policy change does not constitute a "Change in Law" under a Power Purchase Agreement, as only duly promulgated notifications have legal force. It further ruled that deemed export benefits under the Foreign Trade Policy are inapplicable to immovable, integrated power plants, as the policy is designed for movable "goods" and requires strict adherence to defined supply and procurement conditions. Facts Of The Case: The case involved appeals by Nabha Power Limited and Talwandi Sabo Power Limited against the Punjab State Power Corporation Limited (PSPCL). The dispute arose from a Power Purchase Agreement (PPA) executed following a tariff-based competitive bidding process. The appellants claimed that post-bid notifications from the...
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