Tag: Special Leave Petition

Supreme Court Reins In Judicial Intervention in Arbitration After Appointment
17Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Reins In Judicial Intervention in Arbitration After Appointment

This Supreme Court judgment holds that a non-signatory to an arbitration agreement has no legal right to be present in the arbitral proceedings as the award would not bind them, violating the confidentiality mandate under Section 42A. Furthermore, a court becomes functus officio after appointing an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, and cannot entertain subsequent applications for intervention or issue ancillary directions. Facts Of The Case: The case originated from an oral family settlement between Pawan Gupta (PG) and Kamal Gupta (KG), later recorded in a Memorandum of Understanding/Family Settlement Deed (MoU/FSD) dated 09.07.2019, which was not signed by KG’s son, Rahul Gupta (RG). PG initiated proceedings under Section 11(6) of the Arbitra...
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No Grace Marks: Supreme Court Shuts Down Plea from UP Lekhpal Candidates After Answer Key Change
16Sep By The Legal ChamberNo Comments
Supreme Court

No Grace Marks: Supreme Court Shuts Down Plea from UP Lekhpal Candidates After Answer Key Change

The Supreme Court held that applications challenging exam answers filed after the cut-off date (21.11.2023) were barred by its prior order and thus dismissed. However, it allowed applications that were pending as of 24.04.2025, restoring them for re-evaluation benefits, while rejecting claims for grace marks as impermissible after a court-directed re-evaluation. Facts Of The Case: The case arose from a dispute concerning the Uttar Pradesh Revenue Lekhpal examination conducted in 2021-22 by the Uttar Pradesh Subordinate Service Selection Commission. The initial litigation focused on the correctness of specific questions, notably Question No. 88 in Booklet Series 'F'. The Supreme Court, in an order dated 21.11.2023, directed that answer 'D' be treated as correct for this question and order...
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Supreme Court Acquits Village Assistant: Merely Accepting Bribe Isn’t Enough
14Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Village Assistant: Merely Accepting Bribe Isn’t Enough

The Supreme Court upheld the conviction of the main accused under Sections 7 and 13 of the Prevention of Corruption Act, 1988, as demand and acceptance of illegal gratification were proven. However, the conviction of the co-accused was set aside due to the absence of a specific charge of abetment and lack of evidence proving his connivance or independent demand for the bribe. Facts Of The Case: The case involved two government officials, A. Karunanithi (A-1), the Village Administrative Officer, and P. Karunanithi (A-2), the Village Assistant. The complainant approached A-1 to obtain a necessary community certificate for a government job. On two separate occasions, A-1 demanded a bribe of Rs. 500 from the complainant to process the application. The complainant subsequently lodged a formal...
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Supreme Court Returns Children to Adoptive Parents, Prioritizes Family Bonds Over Procedure
13Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Returns Children to Adoptive Parents, Prioritizes Family Bonds Over Procedure

The Supreme Court ruled that removing children from their adoptive parents violated the principle of the child's best interest, a cornerstone of juvenile justice law. Invoking Article 142 to ensure complete justice, the Court ordered the children's immediate return, prioritizing family bonds and rehabilitation over procedural non-compliance in adoption. Facts Of The Case: In a series of connected cases, multiple sets of appellants from Andhra Pradesh and Telangana claimed to be the adoptive parents of minor girls. They had adopted the children, ranging from two days to twenty days old, directly from the biological parents between 2021 and early 2024 under the provisions of the Hindu Adoptions and Maintenance Act, 1956. However, on May 22, 2024, police authorities forcibly took custody of...
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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 Recalls Its Own Order Against a Judge, Upholds High Court Chief Justice’s Authority
11Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Recalls Its Own Order Against a Judge, Upholds High Court Chief Justice’s Authority

The Supreme Court, while deleting specific administrative directions against a High Court judge upon the CJI's request, reaffirmed its supervisory jurisdiction under Article 136. It emphasized that persistent judicial errors raising institutional concerns compel the Court to intervene to protect the rule of law and maintain the judiciary's dignity and credibility. Facts Of The Case: The case originated from a Special Leave Petition filed by M/s Shikhar Chemicals challenging an order passed by the Allahabad High Court. The Supreme Court, in its order dated 4th August 2025, found the High Court's judgment to be erroneous. Consequently, it set aside the impugned order and remanded the matter back to the High Court for a fresh consideration on the merits. The apex court's directive i...
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Supreme Court Rules: You Can’t Claim Adverse Possession for the First Time on Appeal
9Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: You Can’t Claim Adverse Possession for the First Time on Appeal

The Supreme Court reaffirmed that a plea of title by adverse possession cannot be raised for the first time at the appellate stage if it was not specifically pleaded in the plaint, framed as an issue, and proven during trial. Such a surprise claim prejudices the opposite party and is impermissible as a decision must be based on the case pleaded. Facts Of The Case: The case originated from a title suit filed in 1999 by the plaintiffs (Kishundeo Rout & Ors.) against the defendants (Govind Rao & Ors.). The plaintiffs sought a declaration that a 1997 sale deed executed by the original plaintiff, Sudama Devi, in favour of the defendants was bogus, inoperative, and fit for cancellation. They also prayed for confirmation of their possession and a permanent injunction again...
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Supreme Court’s Big Ruling: Criminal History Matters in Bail for Heinous Crimes
8Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Big Ruling: Criminal History Matters in Bail for Heinous Crimes

The Supreme Court overturned a bail order, ruling that the High Court failed to apply correct legal principles under Section 389 CrPC for suspending a sentence. It emphasized that post-conviction bail in heinous offences requires a palpable prima facie case for acquittal, not a re-appreciation of evidence or conjectural reasoning. Facts Of The Case: In a case originating from Rajasthan, the prosecutrix, a 14-year-old girl, testified that on June 13, 2023, Respondent No. 2 accosted her at gunpoint while she was defecating in a field. He covered her mouth, forcibly took her to a nearby abandoned house, and raped her. She immediately reported the incident to her family, and her father filed an FIR. The Trial Court convicted Respondent No. 2 under the POCSO Act and sentenced him to 20 years ...
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Landmark Ruling: Supreme Court Explains How to Calculate “Just Compensation” for Accident Deaths
8Sep By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling: Supreme Court Explains How to Calculate “Just Compensation” for Accident Deaths

This Supreme Court judgment clarifies that allowances forming part of a deceased's salary, if used for family support, must be included in income computation for motor accident compensation. It applies established principles from Sarla Verma and Pranay Sethi to include future prospects and awards consortium as per Magma General Insurance, ensuring just compensation under the Motor Vehicles Act. Facts Of The Case: On February 16, 2009, Lokender Kumar died in a motor accident caused by the rash and negligent driving of a Santro car on the Sohna-Gurgaon Road. His widow and two minor children filed a claim petition before the Motor Accident Claims Tribunal in Gurgaon, seeking Rs. 25 lakhs in compensation. The Tribunal, considering his basic salary of Rs. 3,665 per month and applying a multip...
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Courts Can’t Settle Political Scores: Supreme Court’s Big Ruling on Govt. Advertisements
8Sep By The Legal ChamberNo Comments
Supreme Court

Courts Can’t Settle Political Scores: Supreme Court’s Big Ruling on Govt. Advertisements

The Supreme Court ruled that naming government welfare schemes after political leaders is not prohibited by law. It clarified that the Common Cause judgments primarily regulate the use of photographs in government advertisements, not the naming of schemes themselves, thereby setting aside the interim order of the High Court. Facts Of The Case: The State of Tamil Nadu government launched a welfare initiative named the "Ungaludan Stalin" (Your's Stalin) scheme. Its stated objective was to bridge the gap between citizens and existing government programs by organizing camps and dispatching volunteers to help people understand and access their entitled benefits. An opposition Member of Parliament filed a complaint with the Election Commission of India (ECI), alleging the scheme's name and ass...
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