Tag: Supreme Court

Supreme Court: Disputed No-Dues Certificate Can’t Be Ground to Quash Criminal Proceedings
2Mar By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Disputed No-Dues Certificate Can’t Be Ground to Quash Criminal Proceedings

The Supreme Court held that criminal proceedings cannot be quashed where allegations prima facie disclose essential ingredients of an offence. The power under Section 482 CrPC is sparing; disputed documents like No-Dues Certificate cannot be relied upon at pre-trial stage. Civil remedy coexistence doesn't bar prosecution if allegations support criminal liability. Facts Of The Case: The dispute in this case arose from contractual and financial dealings between the appellant (accused no. 2) and respondent no. 2 (complainant) concerning construction work undertaken between 2008 and 2010. A No Dues Certificate was issued by respondent no. 2 on 10.06.2010 and acknowledged on 12.06.2010, recording that no payments were outstanding. Subsequently, disputes emerged between the parties, leading to...
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No Dismissal for Honourably Acquitted Employee: Supreme Court Upholds Fair Play, Awards Family Pension
13Feb By The Legal ChamberNo Comments
Supreme Court

No Dismissal for Honourably Acquitted Employee: Supreme Court Upholds Fair Play, Awards Family Pension

The Supreme Court held that dismissal from service for suppression of involvement in a criminal case was disproportionate, despite misconduct being proved. The punishment was modified to compulsory retirement, entitling the deceased appellant’s legal representatives to arrears of pension and family pension. Acquittal with a specific finding of alibi further warranted penalty modulation. Facts Of The Case: The appellant was appointed as a Constable in the Railway Protection Force in 1994. In 2007, an FIR was registered against him, his father, and brothers under Sections 363 and 366 IPC for alleged abduction of a girl. The charge-sheet was initially filed only against his brother, but in 2010, the appellant was summoned under Section 319 CrPC, and charges were framed against him. Immediat...
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Supreme Court: Company Balance Sheets Can Reset Limitation Clock for Creditors Under IBC
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Company Balance Sheets Can Reset Limitation Clock for Creditors Under IBC

The Supreme Court held that entries in a company’s balance sheet, when read in the context of surrounding circumstances and previous financial statements, can constitute a valid acknowledgment of debt under Section 18 of the Limitation Act, 1963, thereby extending the limitation period for filing an application under Section 7 of the IBC. The Court clarified that the exclusion period under its COVID-19 limitation order applied from 15.03.2020 to 28.02.2022, making the application timely. Facts Of The Case: The appellant, IL & FS Financial Services Ltd., extended a term loan of ₹30 crores to the respondent, Adhunik Meghalaya Steels Pvt. Ltd., on 27.02.2015, secured by a pledge of shares. The respondent's account was declared a Non-Performing Asset (NPA) on 01.03.2018. The appellant fi...
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Supreme Court Slams Assam Police Over Encounters, Calls for Independent Inquiry
13Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Slams Assam Police Over Encounters, Calls for Independent Inquiry

The Supreme Court set aside the High Court's judgment and directed the Assam Human Rights Commission (AHRC) to conduct an independent inquiry into alleged police encounters, emphasizing adherence to PUCL guidelines. The Court mandated public notice for victims, confidentiality of identities, and the provision of legal aid, reinforcing the AHRC's role in upholding human rights and ensuring accountability. Facts Of The Case: Arif Md. Yeasin Jwadder, the appellant, brought an appeal against the Gauhati High Court's judgment dated January 27, 2023, which dismissed PIL No. 86/2021. The PIL sought records of alleged fake encounters in Assam, registration of FIRs against police officials, and independent investigations in compliance with the guidelines laid down in People's Union for Civil Li...
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Supreme Court Protects Victim’s Rights: No Jail for Accused in POCSO Case
12Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Protects Victim’s Rights: No Jail for Accused in POCSO Case

The Supreme Court overturned a High Court ruling, reinstating convictions under the POCSO Act and IPC, emphasizing that Section 482 CrPC cannot quash serious offenses even with victim settlement. The Court underscored the State's constitutional duty under Article 21 and the JJ Act to protect and rehabilitate POCSO victims and their children. Facts Of The Case: The case involves a criminal appeal by the State of West Bengal against a Calcutta High Court judgment from October 18, 2023. The High Court had set aside the conviction of an accused person under Section 6 of the POCSO Act and Sections 363 and 366 of the Indian Penal Code (IPC). The Supreme Court, in a judgment dated August 20, 2024, set aside the High Court's impugned judgment and restored the Special Court's verdict of convictio...
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Sand Mining Case: Supreme Court Explains State’s Power to Fix DMF Charges for Minor Minerals
12Jun By The Legal ChamberNo Comments
Supreme Court

Sand Mining Case: Supreme Court Explains State’s Power to Fix DMF Charges for Minor Minerals

The Supreme Court dismissed appeals challenging demand notices for depositing 10% of the total bid amount with the District Mineral Foundation (DMF). The Court held that Section 9B of the Mines and Minerals (Development and Regulation) Act, 1957, is inapplicable to minor minerals due to Section 14. The State Government is empowered under Section 15A to fix the amount payable to the DMF for minor minerals. The Court found the demand consistent with statutory provisions and the 2017 Rules Facts Of The Case: Chandra Bhan Singh, a successful bidder for mining minor minerals (sand), was allotted a tender. In line with the Policy decision dated April 22, 2017, the Appellant was required to deposit an amount of ₹54,12,960/-, representing 10% of the total bid amount of ₹5,41,29,600/-, to the Dis...
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Supreme Court Late Payment Surcharge Valid: Coal India’s Levy Ruled as ‘Change in Law’
11Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Late Payment Surcharge Valid: Coal India’s Levy Ruled as ‘Change in Law’

The Supreme Court upheld the Appellate Tribunal for Electricity's (APTEL) ruling that a Coal India Limited (CIL) notification imposing Evacuation Facility Charges (EFC) constitutes a "change in law" event under the Power Purchase Agreement (PPA). The judgment affirmed that the power generator is entitled to compensation from the notification date with carrying cost at Late Payment Surcharge (LPS) rates on a compounding basis, based on restitutionary principles. The Court clarified that only a substantial question of law is appealable, and the supplementary bill is required only after due adjudication. Facts Of The Case: A Power Purchase Agreement (PPA) was signed on January 28, 2010, between Rajasthan Discoms and Adani Power Rajasthan Ltd. for 1200 MW. On December 19, 2017, Coal India ...
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Grounds for Arrest: The Supreme Court’s Latest Verdict on Constitutional Safeguards
11Jun By The Legal ChamberNo Comments
Supreme Court

Grounds for Arrest: The Supreme Court’s Latest Verdict on Constitutional Safeguards

The Supreme Court addressed the legality of arrest and compliance with constitutional mandates under Article 22, specifically concerning the prompt furnishing of grounds for arrest. The judgment deliberated on the application of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Prevention of Corruption Act, affirming adherence to due process in arrest procedures. Facts Of The Case: This appeal originated from a writ petition filed before the High Court of Andhra Pradesh, seeking a writ of habeas corpus on the grounds of alleged illegal arrest and unlawful detention of Kessireddy Raja Shekhar Reddy, the appellant's son. He was arrested by the CID in connection with offenses purportedly committed under the Indian Penal Code and the Prevention of Corruption Act. The core contention in t...
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Supreme Court Mandates Timely Promotions and Cadre Review for CAPF Officers
11Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Mandates Timely Promotions and Cadre Review for CAPF Officers

The Supreme Court affirmed Central Armed Police Forces (CAPFs) as 'Organized Group-A Services,' entitling officers to Non-Functional Financial Upgradation. It directed a six-month cadre review and recruitment rule revision. The Court also suggested progressively reducing IPS deputation posts in CAPFs to address officer stagnation and grievances Facts Of The Case: The case originated from a long-standing grievance of officers belonging to the Central Armed Police Forces (CAPFs) – including CRPF, BSF, SSB, ITBP, and CISF. These officers sought recognition of their services as 'Organized Group-A Services' (OGAS), a crucial classification for ensuring parity with other Group-A services and entitlement to benefits such as Non-Functional Financial Upgradation (NFFU). A primary co...
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CDs as Evidence: Supreme Court Clarifies Rules for Production in CBI Case
11Jun By The Legal ChamberNo Comments
Supreme Court

CDs as Evidence: Supreme Court Clarifies Rules for Production in CBI Case

The Supreme Court upheld that additional documents can be produced by the prosecution even after the charge sheet is filed, especially if inadvertently omitted. The Court reiterated that Section 173(5) of the CrPC is directory, not mandatory, and permits the production of documents gathered before or after investigation with court permission. The judgment clarifies that the authenticity of such documents remains an open issue to be proved during trial. Facts Of The Case: An FIR was registered on May 3, 2013, for offences under the IPC and the PC Act. The dispute involves two Compact Discs (CDs). Between January 8, 2013, and May 1, 2013, the Ministry of Home Affairs permitted the interception of telephone calls of several accused and one Manoj Garg. On May 4 and May 10, 2013, two CDs cont...
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