Tag: Justice Abhay S Oka

Supreme Court Split Verdict: When Can Schools Be Held Accountable Under Article 226?
6Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Split Verdict: When Can Schools Be Held Accountable Under Article 226?

The Supreme Court examined whether Air Force Schools qualify as a "State" under Article 12 or an "authority" amenable to writ jurisdiction under Article 226 of the Constitution. The majority held that despite partial government control and funding, the schools lacked pervasive state dominance, relegating disputes to private contract law. However, the dissenting opinion emphasized their public function, deep administrative control by the Indian Air Force, and indirect public funding, making them subject to writ jurisdiction. The split verdict clarifies the distinction between regulatory control and pervasive state authority in educational institutions Facts Of The Case: The case involved two civil appeals before the Supreme Court concerning the Air Force School, Bamrauli, Allahabad. In Ci...
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Supreme Court Quashes Bank’s Charge Sheet: Failure to Seek CVC Advice Ruled Illegal
4Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes Bank’s Charge Sheet: Failure to Seek CVC Advice Ruled Illegal

The Supreme Court ruled that Regulation 19 of the Union Bank of India Officers’ (Discipline & Appeal) Regulations, 1976 mandates mandatory consultation with the Central Vigilance Commission (CVC) before issuing a charge sheet in disciplinary cases involving a vigilance angle. The Bank’s failure to await the CVC’s first-stage advice rendered the proceedings arbitrary and illegal, warranting quashing of the charge sheet. The Court clarified that once the Bank acknowledges a vigilance angle and seeks CVC input, it cannot unilaterally proceed without considering the advice, upholding procedural fairness in disciplinary actions. No back wages were granted, but retiral benefits were ordered to be released. Facts Of The Case: The appellant, A.M. Kulshrestha, a Deputy General Manager at Unio...
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Cheque Issued After Retirement? Supreme Court Says Partner Still Liable Without Proper Notice
1Jun By The Legal ChamberNo Comments
Supreme Court

Cheque Issued After Retirement? Supreme Court Says Partner Still Liable Without Proper Notice

The Supreme Court held that a partner's retirement from a registered firm under the Indian Partnership Act, 1932, requires strict compliance with Section 72—including public notice publication and Registrar of Firms updates—to absolve liability under Section 138 of the Negotiable Instruments Act, 1881. Non-compliance renders retirement legally ineffective. The High Court erred under Section 482 CrPC by deciding factual disputes (e.g., retirement date/liability) prematurely, as these require trial evidence. Signatory status is irrelevant for partner liability under Section 141 NI Act if involvement in firm affairs is alleged. Facts Of The Case: Shivappa Reddy (Appellant) filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, against M/s AVS Constructions (Ac...
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Supreme Court Upholds Strict Environmental Laws: Prior Clearance Must for Projects, No Retrospective Approvals
26May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Strict Environmental Laws: Prior Clearance Must for Projects, No Retrospective Approvals

The Supreme Court ruled that ex post facto environmental clearances (ECs) violate environmental jurisprudence and are alien to the Environment (Protection) Act, 1986, and the EIA Notification, 2006. Stressing the precautionary principle and Article 21 (right to a pollution-free environment), the Court struck down the 2017 notification and 2021 OM permitting retrospective ECs, holding them arbitrary and illegal. It reiterated that prior EC is mandatory, and no regularization of violations is permissible, aligning with its earlier judgments in Common Cause and Alembic Pharmaceuticals. The Court barred future exemptions but spared already granted ECs. Facts Of The Case: The case involved multiple writ petitions and a civil appeal challenging the legality of the 2017 notification and 2021 ...
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Supreme Court Settles ISKCON Bangalore-Mumbai Temple Dispute After 20+ Years
25May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Settles ISKCON Bangalore-Mumbai Temple Dispute After 20+ Years

The Supreme Court ruled on the ownership dispute between ISKCON Bangalore (registered under Karnataka Societies Act) and ISKCON Mumbai (Maharashtra Public Trust) over temple properties. It upheld the Trial Court's decree declaring ISKCON Bangalore as the rightful owner, citing documentary evidence (sale deeds, allotment records) and rejecting claims of fraudulent manipulation. The Court dissolved the oversight committee, emphasizing societies' independent legal status under state registration laws. The judgment clarified that funding sources (even from ISKCON Mumbai) don’t determine ownership, and dismissed ancillary appeals linked to the dispute. Facts Of The Case: The case involved a protracted legal battle between ISKCON Bangalore (registered under the Karnataka Societies Registrati...
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