Tag: Justice Manmohan

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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Supreme Court: Civil Courts Can Hear Cases If Land is Declared Non-Agricultural During Trial
20Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Civil Courts Can Hear Cases If Land is Declared Non-Agricultural During Trial

The Supreme Court held that jurisdiction is determined by the nature of the land at the time of adjudication, not filing. A subsequent declaration of land as non-agricultural under the UPZALR Act during pending proceedings validates a civil court's jurisdiction, and appeals are a continuation of the original suit. Facts Of The Case: In 1970, the appellant-landlord and the predecessor of respondents 1-3 entered a registered tenancy agreement for a piece of land to establish an Indian Oil petrol pump at a monthly rent of ₹150. The tenant defaulted on rent payments from July 1972, prompting the landlord to file a suit for eviction and arrears of rent in 1974 in the Civil Court. The tenants contested the Civil Court's jurisdiction, claiming the land was agricultural and thus only the Revenue...
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Wake-Up Call for Courts: Supreme Court Says Long Delays Can Create New Rights in Property Disputes
18Sep By The Legal ChamberNo Comments
Supreme Court

Wake-Up Call for Courts: Supreme Court Says Long Delays Can Create New Rights in Property Disputes

The Supreme Court set aside the High Court's order condoning a delay of 5,250 days in filing a restoration application. It held that courts must be cognizant of third-party rights created during prolonged delays and that such condonation requires reasoned orders after hearing affected parties, who may be impleaded. The matter was remanded for fresh consideration. Facts Of The Case: The case originated from a suit for eviction filed by Mafatlal Mangilal Kothari and another (Respondent Nos. 1 and 2) against the defendants concerning a disputed property. The Trial Court dismissed the suit in 1988, prompting the plaintiffs to file a First Appeal. This appeal was admitted by the Bombay High Court in 1989 but was eventually listed in 2008, where the Court passed an order stating that if the co...
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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 Rules on Food Adulteration Cases : Strict Punishment in Food Adulteration Cases
20May By The Legal ChamberNo Comments
Supreme Court

“Supreme Court Rules on Food Adulteration Cases : Strict Punishment in Food Adulteration Cases

The Supreme Court ruled that Section 20AA of the Prevention of Food Adulteration Act (PoFA), 1954, bars probation for offenders convicted under the Act between 1976 and 2006, upholding strict sentencing to deter food adulteration. It also held that the Food Safety and Standards Act (FSSA), 2006’s repeal clause preserves penalties under PoFA, denying retrospective benefit of reduced sentences. However, citing discrepancies in evidence, the Court partially allowed the appeals by converting imprisonment into fines, balancing strict legal interpretation with equitable relief. The judgment reaffirms legislative intent to prioritize public health over reformative leniency in food safety violations. Facts Of The Case: The case involved two criminal appeals before the Supreme Court of India, ari...
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Govt Can Impose Conditions on Land Allotments to Charitable Trusts : Supreme Court on Land Allotment vs. Sale
19May By The Legal ChamberNo Comments
Supreme Court

Govt Can Impose Conditions on Land Allotments to Charitable Trusts : Supreme Court on Land Allotment vs. Sale

The Supreme Court ruled that government land allotments to charitable trusts under statutory schemes are not absolute sales, allowing the State to impose usage conditions. It held that Section 10 of the Transfer of Property Act (restricting alienation conditions) does not apply to such allotments, as public interest overrides private contractual principles. The Court emphasized that violation of allotment terms (e.g., unauthorized commercial use) justifies land resumption without compensation, branding such breaches as "fraud on statute". The judgment reaffirmed the State’s authority to enforce conditional grants for charitable purposes under revenue laws. Facts Of The Case: The case involved a dispute over 3.01 acres of government land in Telangana allotted to Dr. Pasupuleti Nirmala Han...
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