Tag: Special Leave Petition

When a Society Becomes a “Trust”: Supreme Court’s Landmark Ruling on Mismanagement in Charitable NGOs
6Sep By The Legal ChamberNo Comments
Supreme Court

When a Society Becomes a “Trust”: Supreme Court’s Landmark Ruling on Mismanagement in Charitable NGOs

The Supreme Court ruled that a society registered under the Societies Registration Act, 1860, can be construed as a constructive trust under Section 92 CPC if it is created for public charitable purposes and its properties are held in a fiduciary capacity. This allows aggrieved parties to sue for breach of trust and seek remedies like a scheme for administration. Facts Of The Case: In 2005, Operation ASHA, a society registered under the Societies Registration Act, 1860, was established to provide healthcare services, particularly tuberculosis treatment, to underprivileged sections of society. A dispute arose in 2020 when its co-founder and CEO, Sandeep Ahuja (Respondent No. 3), terminated the services of another co-founder, Dr. Shelly Batra (Respondent No. 1), alleging misrepresentation ...
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Supreme Court Settles the Law: A Person Not Named in Police Report Can Still Be Summoned to Face Trial
6Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Settles the Law: A Person Not Named in Police Report Can Still Be Summoned to Face Trial

The Supreme Court held that under Section 193 CrPC, a Sessions Court is empowered to summon additional accused persons not named in the police report upon committal of a case, as cognizance is taken of the offence—not the offender—and such power is incidental to the court’s original jurisdiction post-committal. This does not amount to taking "fresh cognizance. Facts Of The Case: The case originated from an FIR registered at Police Station Shivali, Kanpur Dehat, concerning the murder and rape of a woman. The initial investigation named one Ajay as the suspect. However, during the probe, the petitioner's name surfaced based on witness statements and an alleged extra-judicial confession. Despite this, the Crime Branch gave the petitioner a clean chit, and a chargesheet was filed solely agai...
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Supreme Court Rules: Private Schools Can Sue in Civil Court to Recover Unpaid Fees
5Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Private Schools Can Sue in Civil Court to Recover Unpaid Fees

The Supreme Court held that the civil courts retain jurisdiction to adjudicate fee recovery suits filed by unaided private schools, as there is no express or implied ouster of jurisdiction under the Haryana School Education Act and Rules. The statutory remedy before the Fee and Fund Regulatory Committee is available only to parents/students to challenge excessive fees, not to schools for recovery. Facts Of The Case: The appellant, Apeejay School, an unaided private institution, filed suits for recovery of fees against students and their parents. The dispute arose from a fee hike implemented by the school for the academic year 2009-10, which the respondents refused to pay, continuing instead to remit only the pre-hike amount. The school's suits were initially decreed by the trial court. W...
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Employers Must Accommodate: Supreme Court’s Landmark Ruling on Medical Disability & Jobs
29Aug By The Legal ChamberNo Comments
Supreme Court

Employers Must Accommodate: Supreme Court’s Landmark Ruling on Medical Disability & Jobs

This Supreme Court held that a binding Memorandum of Settlement under the Industrial Disputes Act, 1947, which specifically provided alternate employment for colour-blind drivers, created an enforceable statutory obligation on the employer. The subsequent settlement and internal circulars could not override this specific contractual right, and the Corporation's failure to explore redeployment violated principles of natural justice and statutory compliance. Facts Of The Case: The appellant was appointed as a driver by the Andhra Pradesh State Road Transport Corporation (APSRTC) in 2014. During a subsequent periodic medical examination, he was found to be colour blind and declared medically unfit to continue in his role as a driver. Following this, the appellant sought alternate employment...
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Supreme Court Cancels Top Cop’s Anticipatory Bail in Corruption Case, Stresses “No One Above Law”
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Cancels Top Cop’s Anticipatory Bail in Corruption Case, Stresses “No One Above Law”

The Supreme Court held that the absence of a requirement for custodial interrogation is not, by itself, a sufficient ground to grant anticipatory bail. The court must primarily consider the prima facie case and the nature of the alleged offence. The High Court erred in conducting a mini-trial and rendering detailed findings on evidence at the anticipatory bail stage. Facts Of The Case: An IPS officer, holding the post of Additional Director General of Police in Andhra Pradesh, was accused of manipulating tenders and misappropriating public funds. The allegations involved two key transactions. First, an agreement for awareness camps on the SC/ST Act was signed on January 30, 2024, and the entire payment was approved on the very same day without any verification of the work done. Second, l...
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Supreme Court Upholds National Fraternity: Teaching Experience Across India Counts
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds National Fraternity: Teaching Experience Across India Counts

The Supreme Court held that a government notification extending the retirement age must be interpreted purposively, and a condition requiring "10 years of teaching experience in any State-aided university" includes experience from universities outside the state. Excluding such experience was found to be an arbitrary and discriminatory classification violating the right to equality under Article 14. Facts Of The Case: The appellant was initially appointed as a teacher in a government college in Assam in 1991, where he served for 16 years. In 2007, he was selected for a non-teaching post at Burdwan University, West Bengal, based on his qualifications and experience, and was later promoted in 2012. In 2021, the State of West Bengal issued a notification increasing the retirement age from 60...
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Supreme Court’s Key Ruling :Notional Income of an Engineering Student Should Be Higher
25Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Key Ruling :Notional Income of an Engineering Student Should Be Higher

The Supreme Court modified the contributory negligence apportionment to 20% on the claimant, 50% on the car driver, and 30% on the bus driver. It enhanced compensation by revising the notional income calculation for an engineering student and reinstated attendant charges, emphasizing just compensation for 100% disability. Facts Of The Case: On January 7, 2017, the appellant, a 20-year-old engineering student, was riding a motorcycle with a friend on the pillion. A car ahead, driven by respondent no. 2, suddenly applied its brakes on the highway because the driver's pregnant wife felt a vomiting sensation. This caused the appellant to collide with the rear of the car and fall onto the road. Subsequently, a bus, insured by respondent no. 1, which was coming from behind, ran over the appell...
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Supreme Court Quashes Life Ban on Kerala Cricketer, Slams “Non-Transparent” Ombudsman Process
25Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes Life Ban on Kerala Cricketer, Slams “Non-Transparent” Ombudsman Process

The Supreme Court held that the Ombudsman's proceedings lacked transparency and violated principles of natural justice by not providing the appellant with copies of orders and a fair hearing. The subsequent blacklisting by the cricket association, based on these flawed proceedings, was also set aside. The matter was remanded for a fresh hearing. Facts Of The Case: The appellant, a former Ranji Trophy player and member of a district cricket association, filed an original application before the Ombudsman of the Kerala Cricket Association (KCA). He sought directions to frame and implement uniform model bye-laws for all district associations, based on the Lodha Committee recommendations, and to ensure elections were conducted in conformity with these bye-laws. The Ombudsman dismissed his app...
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Supreme Court Uses Special Powers to Protect Student’s Hard-Earned Postgraduate Degree
16Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Uses Special Powers to Protect Student’s Hard-Earned Postgraduate Degree

The Supreme Court ruled that the appellant’s admission and subsequent degree in M.Sc. Environmental Management should not be invalidated despite initial eligibility ambiguities. Exercising powers under Article 142 of the Constitution, the Court held that the university’s delayed and unclear addendums caused confusion, and denying the degree after completion would cause irreparable injustice. The withdrawal of the degree was set aside. Facts Of The Case: The case involved Sakshi Chauhan, who applied for admission to the M.Sc./MBA (Agri Business) program at Dr. Yashwant Singh Parmar University of Horticulture & Forestry in 2020 based on its prospectus. She held a B.Sc. (Agriculture) degree from Eternal University, a UGC-recognized private institution. Due to the COVID-19 pandemic, the ...
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