Tag: Landmark Judgment

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...
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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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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...
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Supreme Court Curbs “Prove Prejudice” Rule: A Landmark Win for Natural Justice
19Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Curbs “Prove Prejudice” Rule: A Landmark Win for Natural Justice

The Supreme Court ruled that violating mandatory procedural safeguards in disciplinary inquiries, like failing to question an employee on adverse evidence, inherently constitutes prejudice. Relying on undisclosed material, such as a vigilance report, to enhance punishment also violates natural justice. No independent proof of prejudice is required for such fundamental breaches. Facts Of The Case: The appellant, K. Prabhakar Hegde, was a senior officer and Zonal Head of Vijaya Bank (which later merged with Bank of Baroda). In 1999, he was served with notices alleging irregularities in sanctioning temporary overdrafts to various parties. Formal disciplinary proceedings were initiated against him in 2001. An inquiry officer was appointed, who submitted a report holding the charges proved. N...
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Mens Rea is Must: Supreme Court Rules Accused Must Intend to Drive Victim to Suicide for Abetment Charge
19Sep By The Legal ChamberNo Comments
Supreme Court

Mens Rea is Must: Supreme Court Rules Accused Must Intend to Drive Victim to Suicide for Abetment Charge

The Supreme Court reiterated that to establish abetment of suicide under Section 306 IPC, there must be clear evidence of mens rea and a proximate act of instigation by the accused, which directly led the deceased to commit suicide. Mere allegations of harassment, without positive action intended to push the victim toward suicide, are insufficient to sustain the charge. The absence of a live link between the alleged acts and the suicide warranted quashing of the FIR. Facts Of The Case: A seven-term independent Member of Parliament committed suicide on 22 February 2021, leaving behind a suicide note. In the note, he named several officials from the administration and police of Dadra and Nagar Haveli, accusing them of conspiring to defame, degrade, and demean him to end his political caree...
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Supreme Court Hostile Witness & Unproven Demand Lead to Acquittal in Landmark Corruption Appeal
17Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Hostile Witness & Unproven Demand Lead to Acquittal in Landmark Corruption Appeal

The Supreme Court acquitted the accused, ruling that the mere recovery of tainted money is not conclusive proof of guilt under the Prevention of Corruption Act. The prosecution failed to prove the crucial element of demand beyond a reasonable doubt. The accused's plausible explanation under Section 313 CrPC was entitled to the benefit of doubt. Facts Of The Case: The case involved an appeal against the conviction of a Lower Division Clerk at the Passport Office, Thiruvananthapuram, under the Prevention of Corruption Act, 1988. The prosecution's case was that the accused demanded an additional ₹500 as a bribe from the complainant to expedite his passport application. After negotiation, an initial gratification of ₹200 was to be paid along with the official ₹1000 fee. The Cen...
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Supreme Court: 20-Year Life Sentence Means Release After 20 Years, No Remission Needed
16Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court: 20-Year Life Sentence Means Release After 20 Years, No Remission Needed

The Supreme Court ruled that a "life imprisonment" sentence specifying a fixed term of "actual imprisonment without remission" is a determinative sentence. Upon completing that fixed term, the convict is entitled to automatic release and need not apply for remission. Any detention beyond this period violates Article 21 of the Constitution. Facts Of The Case: Sukhdev Yadav was convicted for the 2002 murder of Nitish Katara, alongside Vikas and Vishal Yadav. In 2015, the Delhi High Court, while upholding his life sentence, specifically modified it to "life imprisonment which shall be 20 years of actual imprisonment without consideration of remission." This fixed-term sentence was later affirmed by the Supreme Court. Sukhdev Yadav completed this mandated 20-year period of actual inc...
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No Grace Marks: Supreme Court Shuts Down Plea from UP Lekhpal Candidates After Answer Key Change
16Sep By The Legal ChamberNo Comments
Supreme Court

No Grace Marks: Supreme Court Shuts Down Plea from UP Lekhpal Candidates After Answer Key Change

The Supreme Court held that applications challenging exam answers filed after the cut-off date (21.11.2023) were barred by its prior order and thus dismissed. However, it allowed applications that were pending as of 24.04.2025, restoring them for re-evaluation benefits, while rejecting claims for grace marks as impermissible after a court-directed re-evaluation. Facts Of The Case: The case arose from a dispute concerning the Uttar Pradesh Revenue Lekhpal examination conducted in 2021-22 by the Uttar Pradesh Subordinate Service Selection Commission. The initial litigation focused on the correctness of specific questions, notably Question No. 88 in Booklet Series 'F'. The Supreme Court, in an order dated 21.11.2023, directed that answer 'D' be treated as correct for this question and order...
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Supreme Court Ruling: No Certified Copy, No Appeal – NCLAT’s Order Set Aside on Technical Ground
15Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ruling: No Certified Copy, No Appeal – NCLAT’s Order Set Aside on Technical Ground

The Supreme Court held that an appeal against an NCLT order under the IBC must be filed within 30 days from the date of its pronouncement. It reiterated that mandatory filing of a certified copy of the impugned order is integral to a valid appeal, and non-compliance renders the appeal barred by limitation. Facts Of The Case: The case originated from an order dated June 23, 2023, passed by the National Company Law Tribunal (NCLT), Mumbai Bench, which approved a resolution plan submitted by Ashdan Properties Pvt. Ltd. in the corporate insolvency resolution process of the corporate debtor. The respondent, DSK Global Education and Research Pvt. Ltd., being aggrieved by this order, filed an appeal before the National Company Law Appellate Tribunal (NCLAT) challenging the NCLT's decision. The ...
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Supreme Court Seeks Larger Bench’s View :Can a Serving Judicial Officer Apply as a “Fresh” Judge?
14Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Seeks Larger Bench’s View :Can a Serving Judicial Officer Apply as a “Fresh” Judge?

The Supreme Court referred to a 5-Judge Constitution Bench the interpretation of Article 233(2) of the Constitution. It identified two substantial questions of law concerning the eligibility of judicial officers with prior bar experience for direct recruitment as District Judges, and the relevant time for determining such eligibility. Facts Of The Case: The present batch of petitions primarily sought a review of the Supreme Court's 2020 judgment in Dheeraj Mor v. Hon’ble High Court of Delhi. In that decision, a three-judge bench had upheld rules that barred members of the state judicial service from applying for the posts of District Judges reserved for direct recruitment from the bar under Article 233(2) of the Constitution. The review petitioners, along with other connected writ petiti...
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