Tag: Procedural Compliance

Supreme Court : Courts Can’t Reopen Departmental Inquiries; Role is to Check Procedure, Not Merits
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court : Courts Can’t Reopen Departmental Inquiries; Role is to Check Procedure, Not Merits

This Supreme Court judgment reaffirms the limited scope of judicial review in departmental inquiries. The Supreme Court held that constitutional courts cannot act as appellate authorities to re-examine evidence. Interference is permissible only for procedural illegality, natural justice violations, or manifest perversity, not to reassess the merits of the findings recorded by the disciplinary authority. Facts Of The Case: The respondent, Ramadhar Sao, was employed as a messenger (a Class-IV employee) with the State Bank of India. In 2008, the Bank received complaints alleging he acted as a middleman, taking bribes from customers to facilitate the sanction and disbursement of loans. A chargesheet was issued against him in 2010, accusing him of misconduct for acting as a conduit fo...
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Supreme Court Key Ruling: Tenant’s Defence Struck Out for Missing 30-Day Deposit Deadline
17Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Key Ruling: Tenant’s Defence Struck Out for Missing 30-Day Deposit Deadline

This Supreme Court held that the time limit under Section 7(1) and (2) of the WBPT Act for depositing admitted rent and filing an application is mandatory and cannot be extended by Section 5 of the Limitation Act. The proviso to Section 7(2) only permits an extension for paying the amount determined by the court post-adjudication, not for the initial statutory deposit and application. Facts Of The Case: The appellant, Seventh Day Adventist Senior Secondary School, is a tenant in a premises in Kolkata for which the admitted monthly rent was Rs. 1090. The respondents, the landlords, filed an ejectment suit on 11.06.2019 on grounds including arrears of rent. The summons for this suit was served upon the appellant-tenant on 29.09.2022. The statutory period of 30 days for compliance und...
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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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Mandatory Rules for Ex-Parte Injunctions: A Key Reminder from the Supreme Court
13Sep By The Legal ChamberNo Comments
Supreme Court

Mandatory Rules for Ex-Parte Injunctions: A Key Reminder from the Supreme Court

The Supreme Court emphasized that Order 39 Rule 3 CPC mandates recording reasons for granting ex parte injunction and strict compliance with procedural obligations by the applicant. Non-compliance warrants vacation of the ex parte order without adjudicating merits, ensuring the opposite party is not deprived of an early hearing. Facts Of The Case: The petitioner, Time City Infrastructure and Housing Limited, filed a civil suit claiming ownership and possession of certain land parcels in District Barabanki, based on an Agreement to Sell from 2015 and a subsequent Sale Deed from April 2025. The plaintiff alleged that peaceful physical possession was handed over in 2015 upon full payment, after which they developed the land with significant investment. The Civil Judge (Senior Division...
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Supreme Court Quashes Decree Against Odisha Corp, Clarifies Law on Interest for Pre-1992 Transactions
5Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes Decree Against Odisha Corp, Clarifies Law on Interest for Pre-1992 Transactions

The Supreme Court held that the suit against the State Financial Corporation was not maintainable due to non-compliance with the mandatory notice under Section 80 CPC. The decree was declared a nullity as it erroneously applied the Interest on Delayed Payments Act, 1993, to a pre-enactment transaction and fastened liability without privity of contract. Execution proceedings were quashed. Facts Of The Case: In 1985, Respondent No. 1, M/s. Vigyan Chemical Industries, supplied raw materials to Respondent No. 2, an industrial unit. Due to a loan default, the Appellant, Odisha State Financial Corporation (OSFC), took possession of Respondent No. 2's unit in 1987 under the State Financial Corporations Act, 1951. In 1988, Respondent No. 1 filed a recovery suit for its unpaid dues. OSFC was impl...
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