Tag: Landmark Judgment

Landmark Ruling: Supreme Court Says Not Every Act Against a Child is “Abuse”
29Sep By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling: Supreme Court Says Not Every Act Against a Child is “Abuse”

The Supreme Court acquitted the appellant of charges under Section 8(2) of the Goa Children's Act, 2003, ruling that a single, incidental act of hitting a child with a school bag during a scuffle, absent evidence of deliberate cruelty or sustained maltreatment, does not meet the legal definition of "child abuse." The Court also set aside the conviction under Section 504 IPC, finding no intent to provoke a breach of peace. However, convictions under Sections 323 and 352 IPC were upheld, with the appellant granted probation. Facts Of The Case: On February 1, 2013, an incident occurred on the premises of St. Ann’s School in Goa involving the appellant, Santosh Khajnekar. He was alleged to have hit a child with a school bag belonging to his own son during a sudden altercation. The Fi...
Read More
Supreme Court’s Ruling on Curing Defects in Petition Affidavits :Simplifying Election Laws
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Ruling on Curing Defects in Petition Affidavits :Simplifying Election Laws

This Supreme Court judgment clarifies that non-compliance with the affidavit requirement under Section 83(1)(c) of the Representation of the People Act, 1951, is not automatically fatal. Following the precedent in G.M. Siddeshwar, the Supreme Court held that 'substantial compliance' with Form 25 suffices, and defects are generally curable. The matter was remanded to the High Court to determine if the affidavit in question substantially complied with the statutory requirements and whether the defects could be rectified. Facts Of The Case: The case arose from the General Elections to the Odisha Legislative Assembly for the 07-Jharsuguda Constituency, held in 2024. The appellant, Tankadhar Tripathy, was declared the elected candidate, winning by a margin of 1,333 votes. The respondent, Dipa...
Read More
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...
Read More
Supreme Court Landmark Ruling: Additional Evidence in Appeals Must Align with Pleadings
25Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Landmark Ruling: Additional Evidence in Appeals Must Align with Pleadings

The Supreme Court held that an appellate court must examine the pleadings of the party seeking to lead additional evidence under Order XLI Rule 27(1) CPC. Permission to adduce such evidence cannot be granted unless the case sought to be established is already pleaded. The matter was remanded for reconsideration on this legal principle. Facts Of The Case: The plaintiffs, Iqbal Ahmed and another, filed a suit for specific performance of an agreement to sell dated 20.02.1995 against the defendant, Abdul Shukoor. The plaintiffs claimed they had agreed to purchase the defendant's house property for ₹10,67,000, having paid ₹5,00,000 as advance. They pleaded that they had sold their own immovable properties to arrange the funds for this purchase and were always ready and willing to perform thei...
Read More
Supreme Court Landmark Ruling: Legal Heir Can Continue Criminal Appeal if Original Victim Dies
25Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Landmark Ruling: Legal Heir Can Continue Criminal Appeal if Original Victim Dies

This Supreme Court judgment clarifies that the legal right of a victim to prefer an appeal under Section 372 CrPC includes the right to prosecute it. The Supreme Court held that upon the death of the original victim-appellant, their legal heir is entitled to be substituted to continue the appeal, ensuring the victim's statutory right is not extinguished. Facts Of The Case: On December 9, 1992, an attack occurred stemming from previous enmity. The accused persons, armed with guns, sharp weapons, and bricks, assaulted informant Tara Chand (PW-1), his brother Virendra Singh, and his son Khem Singh (PW-3). As a result, Virendra Singh died, while Tara Chand and Khem Singh sustained injuries. The specific roles attributed were that accused Ashok fired at Virendra Singh, accused Pramod fi...
Read More
Supreme Court Explains Section 195 CrPC: Police Can Investigate, But Courts Face a Hurdle
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Explains Section 195 CrPC: Police Can Investigate, But Courts Face a Hurdle

This Supreme Court judgment clarifies that for offences under Section 186 IPC, a written complaint by the concerned public servant or their superior is mandatory under Section 195(1)(a) CrPC before a court can take cognizance. However, the bar under Section 195 CrPC applies only at the stage of cognizance and does not prohibit the police from investigating such offences. The court also held that "obstruction" under Section 186 IPC is not limited to physical force but includes any act that impedes a public servant's duties. The legality of splitting distinct offences from those covered by Section 195 depends on the facts of each case. Facts Of The Case: A Process Server from the Nazarat Branch of the Shahdara courts was assigned to serve a warrant and a summons at the Nand Nagri police st...
Read More
Supreme Court Rules :You Can’t Be Guilty of Handling Stolen Goods If There Was No Theft
20Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules :You Can’t Be Guilty of Handling Stolen Goods If There Was No Theft

The Supreme Court acquitted the appellant, ruling that a conviction under Section 411 IPC for dishonestly receiving stolen property is legally unsustainable once the accused stands acquitted of the primary offence of theft under Section 379 IPC. The Court further held that the burden of proof lies entirely on the prosecution and cannot be reversed onto the accused. Facts Of The Case: The case originated from the disappearance and suspected murder of M. Narsalah on December 22, 2005, after he traveled to Warangal to collect outstanding business dues of approximately ₹2.92 lakh. When his phone was switched off, his cousin filed a missing person's report. The prosecution alleged that Narsalah's former employer and business rival, Accused-Moulana, murdered him, stole the cash, and enlisted t...
Read More
Supreme Court: Delayed Payment Not Always Contempt, But Bank Must Pay for Protracted Litigation
20Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Delayed Payment Not Always Contempt, But Bank Must Pay for Protracted Litigation

The Supreme Court declined to initiate contempt proceedings, finding the delayed payment of dues, while a violation, was not wilful. It reinforced that contempt jurisdiction cannot be used to adjudicate new claims like pension, which were not part of the original decree. The Court, however, awarded compensatory costs for the protracted litigation. Facts Of The Case: A.K. Jayaprakash, a manager at Nedungadi Bank Ltd., was dismissed from service in 1985 on grounds of alleged irregularities in sanctioning loans and delays in reporting. He challenged this dismissal under the Tamil Nadu Shops and Establishment Act, 1947. The Deputy Commissioner of Labour initially set aside the dismissal and ordered his reinstatement. This decision was repeatedly challenged by the Bank, first in the Madras Hi...
Read More
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...
Read More
Supreme Court Says Export Incentives Can’t Be Rejected on Technicalities :Substance Over Form
19Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Says Export Incentives Can’t Be Rejected on Technicalities :Substance Over Form

The Supreme Court held that an inadvertent procedural error in shipping bills, duly corrected under Section 149 of the Customs Act, cannot extinguish an exporter's substantive right to claim benefits under the MEIS scheme. The Court emphasized that beneficial export promotion policies must be construed liberally, and administrative rigidity cannot override statutory entitlements. Facts Of The Case: The appellant, an exporter of corn starch, filed 54 shipping bills electronically through a customs broker for exports made between July and October 2017. The broker inadvertently failed to change the default declaration for claiming incentives under the Merchandise Exports from India Scheme (MEIS) from “No” to “Yes”. This clerical error prevented the automatic transmission of the bill...
Read More