Tag: Legal Precedents

No Pay Cut Without a Chance to Argue: Supreme Court Sides with Ex-Navy Personnel Against Bank
26Aug By The Legal ChamberNo Comments
Supreme Court

No Pay Cut Without a Chance to Argue: Supreme Court Sides with Ex-Navy Personnel Against Bank

The Supreme Court held that pay fixation of re-employed ex-servicemen is governed solely by government guidelines, which banks cannot override. It ruled that reducing pay without providing an opportunity of hearing violates principles of natural justice, rendering such an administrative action legally unsustainable. Facts Of The Case: After retiring from the Indian Navy, the appellants were re-employed by Punjab National Bank between 2015-2017 as Single Window Operators. Their initial pay was fixed at a higher amount, with four appellants receiving ₹40,710 and one receiving ₹34,160. However, following a 2018 clarification from the Indian Banks' Association (IBA) that capped the maximum basic pay for ex-servicemen at ₹31,540, the bank issued a circular and subsequently reduced the appella...
Read More
Can Juvenility Be Claimed Decades Later? Supreme Court Says Yes in Historic 2025 Judgment
18Aug By The Legal ChamberNo Comments
Supreme Court

Can Juvenility Be Claimed Decades Later? Supreme Court Says Yes in Historic 2025 Judgment

The Supreme Court upheld the conviction of the appellant under Sections 342 and 376 IPC, rejecting arguments about discrepancies in prosecution evidence and delay in FIR registration. However, the Court accepted the appellant’s juvenility claim under the Juvenile Justice Act, 2000, based on school records confirming his age as 16 years at the time of the offense. The sentence was set aside, and the case was referred to the Juvenile Justice Board for appropriate orders, affirming that juvenility can be raised at any stage, even post-conviction, as per precedents like Dharambir v. State (NCT of Delhi). The Court emphasized that credible prosecutrix testimony, corroborated by medical evidence, suffices for conviction in rape cases. Facts Of The Case: The case involves an appeal against the ...
Read More
Supreme Court Slams Bail Order: Shelter Home Superintendent Must Surrender in Sex Exploitation Case
16Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Slams Bail Order: Shelter Home Superintendent Must Surrender in Sex Exploitation Case

The Supreme Court cancelled the bail granted to the accused-respondent, holding that the High Court's order was cryptic and violated Section 15A(3) of the SC/ST Act by not hearing the victim. The Court emphasized the gravity of the offences, the accused's influence, and the risk of witness tampering, underscoring the need for reasoned bail orders in serious crimes. The judgment reaffirmed the principles laid down in Shabeen Ahmad and Ajwar, highlighting that bail in heinous offences must consider societal impact and trial integrity. The accused was directed to surrender, with protections ensured for the victims. Facts Of The Case: The case involves an appeal by Victim ‘X’ against the order of the Patna High Court granting bail to Respondent No. 2, the former Superintendent of a women’s p...
Read More
Supreme Court Clarifies When Electricity Contracts Beat Regulatory Caps
12Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies When Electricity Contracts Beat Regulatory Caps

The Supreme Court ruled that Note 3 of Regulation 55 of the CERC Regulations, 2019, which caps free power supply to states at 13%, is only for tariff calculation and does not override contractual obligations under the Implementation Agreement. The Court held that writ jurisdiction was inappropriate, as disputes involving regulatory interpretation must first be addressed by the specialized CERC. The judgment reaffirms that contractual rights remain enforceable unless expressly prohibited by law. Facts Of The Case: The case involves a dispute between the State of Himachal Pradesh and JSW Hydro Energy Limited over the supply of free power from a hydroelectric project. In 1993, the state allotted the Karcham Wangtoo Hydroelectric Project to a predecessor company of JSW Hydro under a Memorand...
Read More
DNA Evidence & Last Seen Theory : Supreme Court Commutes Death Penalty to Life in Child Rape-Murder Case
12Aug By The Legal ChamberNo Comments
Supreme Court

DNA Evidence & Last Seen Theory : Supreme Court Commutes Death Penalty to Life in Child Rape-Murder Case

The Supreme Court upheld the conviction of the accused under Sections 376, 377, 302 IPC and Section 5/6 POCSO Act for the sexual assault and murder of a minor. However, it commuted the death penalty to life imprisonment, ruling that the case did not meet the "rarest of rare" standard due to insufficient consideration of mitigating circumstances and rehabilitation potential. The Court emphasized the necessity of balancing aggravating and mitigating factors before imposing capital punishment, following precedents like Mohd. Farooq Abdul Gafur and Gudda v. State of M.P., while affirming the reliability of DNA evidence and the last-seen theory in securing conviction. Facts Of The Case: The case involved the brutal sexual assault and murder of a 10-year-old girl in Dehradun, Uttarakhand. On 2...
Read More
Supreme Court Rules: Companies Can Also Be ‘Victims’ in Criminal Cases
7Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Companies Can Also Be ‘Victims’ in Criminal Cases

The Supreme Court ruled that a company qualifies as a "victim" under Section 2(wa) CrPC if it suffers loss or injury due to an offence, entitling it to file an appeal against acquittal under the proviso to Section 372 CrPC. The Court clarified that such appeals are independent of Section 378 CrPC and need not be restricted to cases where the victim is the complainant. The judgment reinforces the expansive interpretation of "victim" to include corporations, ensuring their right to challenge wrongful acquittals in criminal cases involving infringement or fraud. Facts Of The Case: Asian Paints Limited, a leading paint manufacturer, discovered counterfeit products being sold under its brand name at a shop owned by Ram Babu in Jaipur. The company had authorized M/s Solution, an IPR consultanc...
Read More
Supreme Court Rules : Res Judicata Can’t Be Decided at Plaint Stage
4Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules : Res Judicata Can’t Be Decided at Plaint Stage

The Supreme Court held that the plea of res judicata cannot be adjudicated under Order VII Rule 11 of the Civil Procedure Code (CPC) as it requires an in-depth examination of pleadings, issues, and decisions from the previous suit, which is beyond the scope of a plaint rejection application. The Court emphasized that only the averments in the plaint must be considered, and defenses or external documents cannot be relied upon. The judgment clarified that issues like fraud, collusion, or jurisdictional defects in a prior decree must be examined during trial, not at the preliminary stage. The appeal was allowed, and the suit was restored for expeditious disposal. Facts Of The Case: The appellant, Pandurangan, purchased a disputed property from Hussain Babu in 1998, who had earlier acquired ...
Read More