Supreme Court Judgement 2025 - The Legal Chamber

Supreme Court Modifies Order: Pre-1996 Encroachments on Forest Land Spared from Eviction

26Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Modifies Order: Pre-1996 Encroachments on Forest Land Spared from Eviction

The Supreme Court modified its earlier order concerning forest land regularization. It declined to exempt small fragmented land parcels from being declared as protected forest but clarified the state could utilize them for purposes under Section 3(2) of the Forest Rights Act, 2006, following due procedure. The Court also allowed a one-time exemption for pre-December 1996 encroachments on specified categories of land, as recommended by the Central Empowered Committee. Facts Of The Case: The case originates from the landmark Godavarman Thirumulpad vs. Union of India case (W.P.(C) No.202 of 1995), which deals extensively with forest conservation across India. Within this ongoing litigation, an Interim Application (I.A. No.12465/2019) was filed concerning the classification and treatme...

Landmark Judgment: Supreme Court Explains How to Calculate Compensation for a Child’s Death

11Sep

By The Legal ChamberNo Comments

Supreme Court

Landmark Judgment: Supreme Court Explains How to Calculate Compensation for a Child’s Death

The Supreme Court clarified that in claims under Section 166 of the MV Act, a notional income for a deceased child need not be limited to the figures in Schedule II (for Section 163-A claims). It reinstated the Tribunal's calculation, confirming no deduction for personal expenses is required in such cases. Facts Of The Case: The case originated from a motor accident involving a 10-year-old boy who was fatally struck by a bus owned by the Tamil Nadu State Transport Corporation while he was cycling to school. The parents of the deceased child filed a claim petition before the Motor Accidents Claims Tribunal. The Tribunal, acknowledging the undisputed negligence of the bus driver, awarded a total compensation of ₹8,55,000. This calculation was based on attributing a notional monthly...

No Pay Cut Without a Chance to Argue: Supreme Court Sides with Ex-Navy Personnel Against Bank

26Aug

By The Legal ChamberNo Comments

Supreme Court

No Pay Cut Without a Chance to Argue: Supreme Court Sides with Ex-Navy Personnel Against Bank

The Supreme Court held that pay fixation of re-employed ex-servicemen is governed solely by government guidelines, which banks cannot override. It ruled that reducing pay without providing an opportunity of hearing violates principles of natural justice, rendering such an administrative action legally unsustainable. Facts Of The Case: After retiring from the Indian Navy, the appellants were re-employed by Punjab National Bank between 2015-2017 as Single Window Operators. Their initial pay was fixed at a higher amount, with four appellants receiving ₹40,710 and one receiving ₹34,160. However, following a 2018 clarification from the Indian Banks' Association (IBA) that capped the maximum basic pay for ex-servicemen at ₹31,540, the bank issued a circular and subsequently reduced the appella...

Forced Marriage to Murder: The Shocking Case of Kum. Shubha & the Tragic Crime

4Aug

By The Legal ChamberNo Comments

Supreme Court

Forced Marriage to Murder: The Shocking Case of Kum. Shubha & the Tragic Crime

The Supreme Court upheld the conviction of the appellants under Section 302 read with Section 120-B IPC for conspiring to murder the deceased, relying on circumstantial evidence, including Call Detail Records (CDRs) and motive established through witness testimonies. The Court clarified the admissibility of electronic evidence under Section 65-B of the Evidence Act and emphasized that constitutional powers under Article 161 (pardoning power of the Governor) remain exercisable despite statutory remission rules. The judgment reaffirmed the principles of Sharad Birdhichand Sarda for circumstantial evidence while dismissing appeals but allowed the convicts to seek pardon. Facts Of The Case: In December 2003, Kum. Shubha (A-4), a 20-year-old law student, was engaged to B.V. Girish (deceased),...

Supreme Court Directs Army to Reconsider Promotion After Finding Bias in Confidential Reports

19May

By The Legal ChamberNo Comments

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Supreme Court Directs Army to Reconsider Promotion After Finding Bias in Confidential Reports

The Supreme Court upheld the Armed Forces Tribunal’s decision to expunge biased entries in an Army officer’s Annual Confidential Report (ACR) for 2018–19, citing mala fide intent by the reporting officer. Extending the relief, the Court also ordered expungement of the 2017–18 ACR, holding that both reports suffered from the same arbitrariness. It directed reconsideration of the officer’s promotion, emphasizing that concealed adverse remarks without justification violate principles of fairness under Army Order 02/2016. The judgment reinforces judicial scrutiny over subjective assessments in service matters to prevent career prejudice. Facts Of The Case: Brigadier Sandeep Chaudhary, a decorated officer with 12 awards including two Vishisht Seva Medals, was commissioned into the India...

Supreme Court Sets New Benchmark for Accident Claims: Enhances Compensation for 100% Disabled Accident Victim

16May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Sets New Benchmark for Accident Claims: Enhances Compensation for 100% Disabled Accident Victim

The Supreme Court enhanced compensation under the Motor Vehicles Act, applying principles from Pranay Sethi to determine a monthly income of ₹10,000 for an unskilled worker (2015 accident). It upheld 100% functional disability, used an 18x multiplier, and awarded ₹35.91 lakh with 8% interest, reinforcing "just compensation" standards for catastrophic injuries. The judgment reaffirmed future prospects (40% addition) and lifetime care costs while rejecting insurer's belated policy coverage objections due to their failure to appeal the Tribunal's order. Facts Of The Case: The case involves a 25-year-old unskilled laborer, Shaikh Sadik Shaikh Rafique, who suffered catastrophic injuries in a 2015 truck accident, leaving him permanently bedridden with 100% disability. While traveling in his em...

Supreme Court Acquits Husband in Dowry Case under 498A IPC | Highlights Misuse of Dowry Prohibition Act, 1961

16May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Acquits Husband in Dowry Case under 498A IPC | Highlights Misuse of Dowry Prohibition Act, 1961

The Supreme Court acquitted the appellant under Section 498A IPC and Section 4 of the Dowry Prohibition Act, 1961, holding that vague and unsubstantiated allegations without specific instances or corroborative evidence cannot sustain a conviction. The Court emphasized that mere allegations of cruelty or dowry demand, unsupported by material particulars, fail to meet the legal threshold. It cautioned against the misuse of protective laws to rope in family members without concrete proof, reaffirming that prosecution must establish guilt beyond reasonable doubt. The judgment highlights the necessity of precise allegations and independent evidence in matrimonial offences. Facts Of The Case: The case revolves around allegations of dowry harassment and cruelty under Section 498A of...

Big Win for State Tax Laws: 3 Clarifies Purchase Tax Scope “Kerala & Tamil Nadu Sales Tax Laws”

11May

By The Legal ChamberNo Comments

Supreme Court

Big Win for State Tax Laws: 3 Clarifies Purchase Tax Scope “Kerala & Tamil Nadu Sales Tax Laws”

The Supreme Court upheld the constitutional validity of Section 5A of the Kerala General Sales Tax Act and Section 7A of the Tamil Nadu General Sales Tax Act, ruling that purchase tax applies to taxable goods even when sellers are exempt. It clarified that these provisions constitute independent charging sections, ensuring tax collection when goods otherwise escape sale tax due to exemptions or specific transactional circumstances. Facts Of The Case: The case involved a batch of appeals concerning the applicability of purchase tax under Section 5A of the Kerala General Sales Tax Act, 1963, and Section 7A of the Tamil Nadu General Sales Tax Act, 1959. The appellants, including C.T. Kochouseph and others, were dealers who had purchased goods from sellers exempted from tax under various gov...

Supreme Court Upholds Mandatory District Survey Report for Sand Mining: Draft DSR Not Valid

9May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Mandatory District Survey Report for Sand Mining: Draft DSR Not Valid

The Supreme Court upheld the National Green Tribunal’s quashing of a sand mining e-auction, ruling that only a final, valid District Survey Report (DSR) permits environmental clearance. It reinforced mandatory DSR compliance under EIA Notifications, stressing strict adherence to environmental regulatory frameworks and prohibiting reliance on draft DSRs. Facts Of The Case: The case arose when the District Magistrate of Saharanpur, Uttar Pradesh, issued an e-auction notice dated 13.02.2023 for sand, gravel, and boulder mining in the riverbeds under the U.P. Sub Mineral (Remedy) Rules, 2021. Gaurav Kumar, a resident of Haryana, challenged this notice before the National Green Tribunal (NGT), arguing that the auction was illegal as there was no valid District Survey Report (DSR) at the time....