Tag: Legal Summary

Key Ruling on Vakalatnama & “No Instructions”: Supreme Court Clarifies Lawyer-Client Procedure in Civil Cases
4Feb By The Legal ChamberNo Comments
Supreme Court

Key Ruling on Vakalatnama & “No Instructions”: Supreme Court Clarifies Lawyer-Client Procedure in Civil Cases

The Supreme Court clarified that a counsel’s “no instruction” pursis does not equate to withdrawal of vakalatnama under the Advocates Act or Civil Manual. Absent a formal withdrawal, the court is not obligated to issue fresh notice; a litigant’s failure to instruct counsel cannot invalidate proceedings. The High Court’s interference under Article 227 was deemed unwarranted. Facts Of The Case: The appellant, Shri Digant, filed a civil suit in 2014 against the respondents, M/s. P.D.T. Trading Co. & Ors., for possession under the Maharashtra Rent Control Act, 1999. The defendants were initially served summons, and after they failed to appear, the suit proceeded ex parte. Upon applications, these ex parte orders were later recalled, and the defendants filed written statements. Duri...
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Supreme Court: Immovable Plant Not ‘Goods’, Excise Duty Not Levied on Bought-Out Parts
30Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Immovable Plant Not ‘Goods’, Excise Duty Not Levied on Bought-Out Parts

This Supreme Court judgment clarifies that central excise duty is leviable only on movable “goods.” The final assembled boiler, being an immovable plant, is not excisable. Consequently, the value of bought-out items delivered directly to the site cannot be included in the assessable value for duty computation. The extended limitation period for the show-cause notice was also held inapplicable. Facts Of The Case: The appellant, Lipi Boilers Ltd., entered into a contract to design, procure, manufacture, and supply machinery for a steam generating plant, including a 50 TPH boiler. The boiler was manufactured and cleared from the factory in a Completely Knocked Down (CKD) condition upon payment of central excise duty. Certain essential items, such as feed pumps and fans, were purchased duty-...
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Insurance Must Pay Victims First: Supreme Court Upholds ‘Pay and Recover’ in Route Deviation Case
13Jan By The Legal ChamberNo Comments
Supreme Court

Insurance Must Pay Victims First: Supreme Court Upholds ‘Pay and Recover’ in Route Deviation Case

This Supreme Court judgment affirms the application of the "pay and recover" principle where an insured vehicle deviates from its permitted route. While the insurer remains statutorily liable to compensate accident victims, it is entitled to subsequently recover the paid amount from the policyholder for breaching the contract's geographical terms. Facts Of The Case: On October 7, 2014, the deceased Srinivasa (alias Murthy) died on the spot after his motorcycle was hit by a rashly and negligently driven bus (KA-52-9099). His dependents filed a claim petition before the Motor Accidents Claims Tribunal (MACT) seeking compensation. The Tribunal awarded ₹18,86,000. Dissatisfied, the claimants appealed to the High Court for enhanced compensation, while the insurance company also appealed...
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Supreme Court Reins in High Court’s Suo Motu CBI Inquiry in Recruitment Case
1Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Reins in High Court’s Suo Motu CBI Inquiry in Recruitment Case

This Supreme Court ruling clarified that High Courts cannot direct a Central Bureau of Investigation (CBI) probe merely on "doubt" or "assumption." Such an extraordinary power under Article 226 must be exercised sparingly and only in exceptional cases where material prima facie discloses a cognizable offence, ensuring investigative credibility and protecting fundamental rights. Facts Of The Case: The case originated from writ petitions filed before the Allahabad High Court challenging the 2020 recruitment process for Class-III posts in the Uttar Pradesh Legislative Council and Assembly Secretariats. The petitioners, unsuccessful candidates, alleged the selection was arbitrary, unfair, and involved favoritism by the private external agency conducting the exams. They soug...
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Supreme Court Explains Why: Can’t File Contempt in Supreme Court for Violating High Court Order
29Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Explains Why: Can’t File Contempt in Supreme Court for Violating High Court Order

This Supreme Court judgment clarifies that the doctrine of merger is not of universal application. It holds that where the Supreme Court permits withdrawal of an intra-court appeal, the parties revert to the status under the original High Court Single Judge order. Consequently, contempt for its violation lies before the High Court, not the Supreme Court. Facts Of The Case: The petitioner, M/s Khurana Brothers, initially challenged an order of a Single Judge of the Uttarakhand High Court by filing an intra-court appeal before a Division Bench. While the Division Bench dismissed this appeal, it made certain observations that, according to the petitioner, worsened its legal position compared to the Single Judge's order. The petitioner then sought and was granted leave to appeal to t...
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Dowry Death Mystery Solved: Supreme Court Holds Father-in-Law Guilty After High Court’s Acquittal
29Dec By The Legal ChamberNo Comments
Supreme Court

Dowry Death Mystery Solved: Supreme Court Holds Father-in-Law Guilty After High Court’s Acquittal

The Supreme Court restored the conviction of the accused under Sections 302 and 201 of the IPC, holding that in cases of unnatural death within a household, the burden to explain the circumstances lies with the accused under Section 106 of the Evidence Act. The Court found the chain of circumstantial evidence complete, establishing guilt beyond reasonable doubt. Facts Of The Case: The case revolves around the death of Smt. Pushpa, who was married to Mahesh Singh. Her family alleged she faced persistent dowry harassment and cruelty from her husband and father-in-law, Janved Singh. On December 31, 1997, Janved Singh reported to police that Pushpa died from accidental electrocution while ironing clothes. However, the post-mortem revealed the cause was asphyxia due to strangula...
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Supreme Court Ruling: Judicial Officers with 7 Years’ Combined Experience Eligible for District Judge Post
27Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ruling: Judicial Officers with 7 Years’ Combined Experience Eligible for District Judge Post

This Supreme Court Constitution Bench judgment reinterpreted Article 233(2) of the Constitution. It held that judicial officers are not barred from applying for the post of District Judge through direct recruitment. The Court clarified that the seven-year practice requirement under Article 233(2) applies only to candidates not already in judicial service, thereby overruling contrary precedents like Dheeraj Mor. Facts Of The Case: The case arose from a batch of petitions challenging the interpretation of Article 233 of the Constitution, which governs the appointment of District Judges. The core dispute was whether a person already in the state judicial service (a Civil Judge) could apply for the post of District Judge through direct recruitment, a stream historically reserved fo...
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Merely Producing a Licence is Not Collusion, Rules Supreme Court, Protecting Owners from Insurer’s Recovery
24Dec By The Legal ChamberNo Comments
Supreme Court

Merely Producing a Licence is Not Collusion, Rules Supreme Court, Protecting Owners from Insurer’s Recovery

The Supreme Court held that merely proving a driver’s licence is fake does not absolve the insurer unless it is established that the vehicle owner knowingly breached the duty of due diligence in employing the driver. Absent proof of such breach, the insurer remains liable to third parties and cannot recover from the owner under a “pay and recover” order. Facts Of The Case: The accident occurred on January 26, 1993, at 2:00 AM at an intersection, involving a collision between a truck and a Matador van. The Matador van was carrying ten passengers, including the driver. Tragically, nine persons lost their lives in the accident, while two sustained injuries. Claims were filed before the Motor Accident Claims Tribunal by the injured and the legal heirs of the deceased passengers, as wel...
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Supreme Court Acquits Man in POCSO Death Penalty Case Citing Procedural Flaws
23Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Man in POCSO Death Penalty Case Citing Procedural Flaws

This Supreme Court judgment sets aside the appellant's conviction and death sentence, holding that the trial was vitiated due to a denial of fair trial rights, including inadequate legal representation and failure to provide documents. The prosecution's circumstantial evidence—last seen, CCTV footage, disclosure statements, and DNA reports—was found unreliable and unproven beyond reasonable doubt. Facts Of The Case: A seven-year-old girl went missing on February 5, 2017, from her residence in Chengalpet, Tamil Nadu, while her parents were out shopping. After an unsuccessful search, a missing persons report was filed. Investigations, including reviewing CCTV footage from a nearby temple, led the police to suspect the appellant, Dashwanth, a neighbour residing in the same building. He was ...
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Supreme Court Upholds Anticipatory Bail Rejection, Stresses Timely Bail Hearings
4Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Anticipatory Bail Rejection, Stresses Timely Bail Hearings

The Supreme Court affirmed the denial of anticipatory bail, emphasizing that custodial interrogation may be necessary to establish complicity and intent, even in cases based on documentary evidence. The Court underscored the gravity of allegations involving abuse of official position. It further issued general directions mandating the expeditious disposal of bail applications to uphold the constitutional right to personal liberty under Articles 14 and 21. Facts Of The Case: Based on a complaint concerning fraudulent property transfer, an FIR was registered in 2019 regarding events from 1996. The core allegation was that a sale deed was executed using forged Powers of Attorney, which were purportedly signed by individuals who were already deceased. This sale deed was then used to mutate l...
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