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Supreme Court Landmark Ruling: Awards Pension to Temporary Railway Employee’s Family

12Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Landmark Ruling: Awards Pension to Temporary Railway Employee’s Family

The Supreme Court ruled that temporary railway employees completing over one year of continuous service are entitled to family pension under Rule 75 of the Railway Pension Rules, 1993, regardless of regularization. The Court emphasized that legislative intent protects dependents of deceased employees, rejecting the 10-year threshold argument and directing arrears payment with ₹5 lakh ex-gratia relief under Article 142. Facts Of The Case: The case involves Mala Devi, widow of Om Prakash Maharaj, a temporary railway employee who died in service after 9 years and 8 months of continuous work. Appointed as a "Summer Waterman" in 1986, he later cleared screening tests and was deputed as a Guard/Shuntman before his fatal accident in 1996. While Mala Devi received ex-gratia payment and compassio...

Supreme Court How Contradictory Witness Testimonies Saved a Man from the Death Penalty

12Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court How Contradictory Witness Testimonies Saved a Man from the Death Penalty

The Supreme Court acquitted the appellant, overturning his death sentence, due to glaring inconsistencies in eyewitness testimonies (PW1, PW2) and lack of corroborative evidence. The prosecution failed to prove guilt beyond reasonable doubt, as recoveries were unreliable, forensic links were absent, and material contradictions undermined the case. The Court emphasized strict adherence to evidentiary standards in capital offenses. Facts Of The Case: The case involves the brutal murder of four family members—Seema Rani (the appellant’s wife), Reena Rani (sister-in-law), and two minor children, Sumani Kumari (3-4 years) and Harsh (1.5-2 years)—along with injuries to two others, Harry (5 years) and Om Prakash (18 years). The incident occurred on November 29, 2013, in the early morning at the...

Supreme Court Acquits Man in Rape Case Due to Lack of Evidence on Victim’s Age

12Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Acquits Man in Rape Case Due to Lack of Evidence on Victim’s Age

The Supreme Court acquitted the accused, holding that the prosecution failed to prove the victim was a minor under Sections 363/376 IPC. The school certificate (Ex.P11) lacked corroborative evidence under Section 35 of the Evidence Act, as the source of birth records was unverified. Additionally, charges of kidnapping (Section 363) and wrongful confinement (Section 342) were unsubstantiated, as the victim’s voluntary companionship and lack of coercion negated criminal intent. The Court emphasized that mere entries in official documents require independent proof to establish age conclusively, and absence of non-consensual sexual intercourse invalidated the rape charge (Section 376). Benefit of doubt was granted due to insufficient evidence. Facts Of The Case: The case involves Birka Shiva...

Supreme Court Upholds SEBI’s Power to Levy Interest on Unpaid Penalties

11Aug

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Supreme Court

Supreme Court Upholds SEBI’s Power to Levy Interest on Unpaid Penalties

The Supreme Court held that under Section 28A of the SEBI Act, interest on unpaid penalties is recoverable as per Section 220 of the Income Tax Act, 1961, and accrues from the date the penalty becomes payable, not from the date of subsequent demand notices. The Court clarified that the adjudication order itself constitutes a valid demand, and interest is compensatory, not penal, in nature. The insertion of Explanation 4 to Section 28A merely clarified the existing legal position and did not introduce a substantive change. The Tribunal's dismissal of the appeals was upheld, affirming SEBI's authority to levy interest from the date of default. Facts Of The Case: The appellants, Jaykishor Chaturvedi and others, were promoter-directors of Brijlaxmi Leasing and Finance Limited, a company list...

Supreme Court Rules on Tenant Rights vs. Bank’s SARFAESI Powers

8Aug

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Supreme Court

Supreme Court Rules on Tenant Rights vs. Bank’s SARFAESI Powers

The Supreme Court held that tenants claiming rights under unregistered agreements cannot override SARFAESI proceedings. Relying on Bajarang Shyamsunder Agarwal, it ruled that oral/unregistered tenancies cannot extend beyond one year post-Section 13(2) notice. The Court emphasized that tenants must prove prior lawful possession with documentary evidence and barred High Courts from interfering under Article 227 when statutory remedies under SARFAESI exist. The judgment reaffirms the primacy of secured creditors' rights over unsubstantiated tenancy claims. Facts Of The Case: The case involved a dispute between PNB Housing Finance Limited (Appellant) and Sh. Manoj Saha (1st Respondent) over the possession of a secured asset—a 450 sq. ft. space in Kolkata. The 1st Respondent claimed to be a t...

Supreme Court Awards Compensation & Reforms for Disabled Advocate From Torture to Justice

8Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Awards Compensation & Reforms for Disabled Advocate From Torture to Justice

The Supreme Court upheld the rights of prisoners with disabilities under the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and Article 21 of the Constitution. It mandated accessible prison infrastructure, reasonable accommodations, and healthcare for disabled inmates, while emphasizing state accountability under UNCRPD obligations. The Court also reinforced compensation for rights violations and directed systemic reforms, including training for prison staff and periodic audits to ensure compliance with disability-inclusive standards. Facts Of The Case: The appellant, L. Muruganantham, a physically challenged advocate suffering from Becker Muscular Dystrophy (80% disability) and autism, was falsely implicated in a criminal case at the behest of his paternal uncle. Based on a fa...

Supreme Court Prioritizes Eyewitness Account Over Police Statement in Accident Case

7Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Prioritizes Eyewitness Account Over Police Statement in Accident Case

The Supreme Court held that the High Court erred in disregarding the testimony of the eyewitness (PW-1) and documentary evidence (FIR, charge sheet) while relying on an unproven police statement (Ex-D1). It reinstated the MACT's compensation award, ruling that the insurer failed to disprove negligence by the offending vehicle's driver under Section 166 of the MV Act. The Court emphasized that non-examination of additional witnesses or delayed reporting was not fatal to the claim. Compensation of ₹12.43 lakhs was upheld, with 85% apportioned to the deceased's wife. Facts Of The Case: On September 24, 2021, Nathuram Ahirwar was riding a motorcycle with his wife (PW-1) as a pillion rider when their vehicle was allegedly hit from behind by a mini-truck (APE pickup) bearing registration MP 04...

Supreme Court Clarifies Compensation Rules Under MV Act: Insurer Liable Despite Negligence Claims

5Aug

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Supreme Court

Supreme Court Clarifies Compensation Rules Under MV Act: Insurer Liable Despite Negligence Claims

The Supreme Court held that under Section 163A of the Motor Vehicles Act, 1988, proof of negligence is not required for claiming compensation, as the provision operates on a structured formula basis. The Court emphasized that compensation must be computed as per the Second Schedule of the Act, excluding non-scheduled heads like loss of love and affection. It ruled that the deceased, being a third party to the offending vehicle, entitled the claimants to compensation, payable jointly and severally by the insurer of the offending vehicle. The judgment clarified that Section 163A has an overriding effect over other provisions of the Act, ensuring expedited compensation without fault liability adjudication. Facts Of The Case: On the night of November 15, 2006, Surender Singh was driving a tr...

Supreme Court Explains : When Can Courts Quash Serious Crimes?

5Aug

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Supreme Court

Supreme Court Explains : When Can Courts Quash Serious Crimes?

The Supreme Court, exercising its inherent powers under Section 482 CrPC, quashed criminal proceedings—including a non-compoundable offense under Section 376 IPC—based on an amicable settlement between the parties. The Court emphasized that while such offenses are grave, exceptional circumstances (victim’s unequivocal settlement, societal harmony, and futility of trial) justified judicial intervention to prevent abuse of process. The ruling reaffirms that ends of justice override rigid legal constraints in unique cases. Facts Of The Case: The case arose from two FIRs registered in November 2023 at Mehunbare Police Station, Jalgaon. The first FIR (No. 302/2023) was filed against Madhukar and others under Sections 324, 143, 147, 452, and others of the IPC, alleging they assaulted a woman a...

Supreme Court Clarifies Compensation Rules for Loss of Dependency in Fatal Accident

5Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Clarifies Compensation Rules for Loss of Dependency in Fatal Accident

The Supreme Court upheld the High Court’s decision, affirming the Motor Accident Claims Tribunal’s award of ₹76.63 lakhs with 9% interest. It rejected the insurer’s plea to reduce the multiplier, holding that remarriage of the widow did not negate dependency claims of minor children. The Court also clarified that future prospects and interest apply from the claim filing date, emphasizing timely compensation. Delay in adjudication was not solely attributable to claimants, justifying the interest rate. The judgment reinforces precedent-based compensation principles in fatal accident cases. Facts Of The Case: The case involved a fatal motor accident that occurred on 18 November 1995, when a car collided with a truck due to the alleged rash and negligent driving of the truck driver. The dece...