Tag: SLP

Training is a Must: Supreme Court Judgment on Railway Recruitment and Service Confirmation
16Oct By The Legal ChamberNo Comments
Supreme Court

Training is a Must: Supreme Court Judgment on Railway Recruitment and Service Confirmation

The Supreme Court held that successful completion of prescribed training, including passing the requisite written test, is a mandatory condition precedent for confirmation in service for direct recruits to Group 'C' non-gazetted railway posts. Failure to clear this training examination validly entitles the employer to terminate services, as it is a fundamental term of recruitment governed by the Master Circular. Facts Of The Case: The case involved Alok Kumar, who was provisionally appointed as a Senior Section Engineer (Trainee) in the Railways after clearing a recruitment examination. His appointment was conditional on the successful completion of a 52-week training program. After 46 weeks of field training, he was sent, along with other trainees, to a three-week General and Subsidiary...
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Supreme Court Rules: Tender Conditions Must Be Clear, Can’t Reject Bids on Unstated Requirements
16Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Tender Conditions Must Be Clear, Can’t Reject Bids on Unstated Requirements

The Supreme Court ruled that tender conditions must be explicit and unambiguous. A bidder cannot be disqualified for non-submission of a document not expressly mandated by the tender. The tendering authority must act fairly and cannot impose hidden requirements, especially when a submitted certificate adequately demonstrates compliance with the stated criteria. Facts Of The Case: The case involved a tender issued by Madhya Pradesh Power Generating Co. Ltd. (MPPGCL) for coal beneficiation work. Maha Mineral, the appellant, submitted its bid relying on its past experience as a 45% partner in a Joint Venture (JV) named Hind Maha Mineral LLP. To prove this, it submitted a work execution certificate from the Maharashtra State Mining Corporation (MSMC), which explicitly stated its 45% share an...
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Supreme Court Boosts Compensation: Sets Minimum Income for Accident Victims
11Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Boosts Compensation: Sets Minimum Income for Accident Victims

In a significant ruling on motor accident claims, the Supreme Court reinforced the principles from Pranay Sethi and Somwati. The Court established that the income of a deceased, even if not fully substantiated, cannot be assessed lower than the notional income of an unskilled labourer, with due consideration for annual increments. It upheld the application of standard multipliers, future prospects, and clarified that loss of consortium is payable to spouses, children, and dependent parents. Facts Of The Case: In a tragic accident on July 25, 2010, four friends from Bijapur on a pilgrimage to Shirdi lost their lives when their car was involved in a head-on collision with a rashly and negligently driven goods lorry on NH-13. The case concerns one of the deceased, a qualified pharmacist, wh...
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Supreme Court Grants Virtual Visitation Rights in International Child Custody Case
7Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Grants Virtual Visitation Rights in International Child Custody Case

The Supreme Court, prioritizing the child's welfare as the paramount consideration, granted the appellant-father virtual visitation rights. The Court held that a child has a right to maintain a relationship with both parents, even internationally. It directed regulated video-conferencing sessions to ensure the father remains part of the child's life without disrupting the child's settled custody arrangement with the mother. Facts Of The Case: The case involves a protracted custody dispute between the appellant-father, Manoj Dhankar, and the respondent-mother, Neeharika, over their minor son. The parties separated in 2017, after which the mother left the matrimonial home with the child. Both parties initiated various legal proceedings, including petitions for divorce and custody. Th...
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Domicile vs. Study: Supreme Court Explains Who Qualifies as a “Local” for Medical Seats
6Oct By The Legal ChamberNo Comments
Supreme Court

Domicile vs. Study: Supreme Court Explains Who Qualifies as a “Local” for Medical Seats

The Supreme Court upheld the constitutional validity of Telangana's rules defining 'local candidates' for medical admissions. It ruled that the classification, based on consecutive years of study/residence within the state, is not arbitrary and falls within the legislative competence under Article 371D, Entry 25 of List III, and the relevant Presidential Order. Facts Of The Case: The case originated from challenges to the Telangana Medical & Dental Colleges Admission Rules, 2017, and their 2024 amendment, which defined 'local candidates' eligible for 85% state quota seats. The definition required candidates to have studied in educational institutions within the state for four consecutive years ending with the qualifying examination, or to have resided there for the same period if not...
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Justice Delayed is Justice Denied: Supreme Court Orders Strict Timelines for Pronouncing Judgments
29Sep By The Legal ChamberNo Comments
Supreme Court

Justice Delayed is Justice Denied: Supreme Court Orders Strict Timelines for Pronouncing Judgments

This Supreme Court judgment reiterates the legal imperative for timely pronouncement of reserved judgments to uphold the right to speedy justice. The Supreme Court directed all High Courts to strictly adhere to the guidelines established in Anil Rai v. State of Bihar, mandating a monitoring mechanism by the Registrar General and the Chief Justice to ensure judgments are delivered within three months of being reserved. Facts Of The Case: The appellant, the de-facto complainant in the case, challenged interim orders from the High Court of Judicature at Allahabad concerning a long-pending criminal appeal filed by respondent no. 2 in 2008. The core grievance was the inordinate delay in the High Court's disposal of this criminal appeal. The appeal had initially been heard at length by a Div...
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Supreme Court’s Balancing Act in Telangana Job Case :Legitimate Expectation vs. Employer’s Right
25Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Balancing Act in Telangana Job Case :Legitimate Expectation vs. Employer’s Right

This Supreme Court judgment reaffirms that candidates in a select list possess no vested right to appointment. An employer's decision to cancel a recruitment process is valid if based on bona fide reasons like administrative changes (e.g., state bifurcation) and altered requirements. The Court's role is limited to examining the decision-making process, not substituting its own view on the sufficiency of accommodations like age relaxation offered to affected candidates. Facts Of The Case: The erstwhile Transmission Corporation of Andhra Pradesh (AP-Transco) initiated a recruitment process in 2011-2012 for 339 Sub-Engineer posts across the composite state. This process was delayed due to litigation challenging the marks weightage given to in-service candidates. While the legal challe...
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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 Rules :You Can’t Be Guilty of Handling Stolen Goods If There Was No Theft
20Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules :You Can’t Be Guilty of Handling Stolen Goods If There Was No Theft

The Supreme Court acquitted the appellant, ruling that a conviction under Section 411 IPC for dishonestly receiving stolen property is legally unsustainable once the accused stands acquitted of the primary offence of theft under Section 379 IPC. The Court further held that the burden of proof lies entirely on the prosecution and cannot be reversed onto the accused. Facts Of The Case: The case originated from the disappearance and suspected murder of M. Narsalah on December 22, 2005, after he traveled to Warangal to collect outstanding business dues of approximately ₹2.92 lakh. When his phone was switched off, his cousin filed a missing person's report. The prosecution alleged that Narsalah's former employer and business rival, Accused-Moulana, murdered him, stole the cash, and enlisted t...
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Supreme Court Slams Differential Pay, Upholds Fair Value for Fruit Trees on Acquired Land
19Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Slams Differential Pay, Upholds Fair Value for Fruit Trees on Acquired Land

The Supreme Court ruled that similarly situated landowners must receive equal compensation in land acquisition cases. It held that a prior judicial decision awarding a higher multiplier for identical orange trees constituted a "special circumstance," justifying the restoration of a 15x multiplier over a reduced 10x multiplier to prevent discriminatory treatment. Facts Of The Case: The case involved the appellants, landowners from village Khanapur in Akola district, whose land was acquired by the Vidarbha Irrigation Development Corporation pursuant to a notification issued under the Land Acquisition Act, 1894 in August 1995. Possession was taken in April 1996. Dissatisfied with the compensation, the landowners sought a reference to a civil court. In its 2011 award, the reference court gra...
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