Tag: Supreme Court Judgement

Decade-Long Separation Ends: Supreme Court Grants Divorce Under Article 142
15Jan By The Legal ChamberNo Comments
Supreme Court

Decade-Long Separation Ends: Supreme Court Grants Divorce Under Article 142

The Supreme Court invoked Article 142 of the Constitution to dissolve the marriage on grounds of irretrievable breakdown. It awarded Rs. 1 crore as permanent alimony and full settlement of all claims, quashing all related proceedings. The decree was conditional upon payment within three months. Facts Of The Case: The marriage between Rekha Minocha (appellant-wife) and Amit Shah Minocha (respondent-husband) was solemnized on October 5, 2009. The wife alleged mental and physical harassment by her in-laws, leading her to leave the matrimonial home on April 15, 2010. While residing at her parental home, she gave birth to their son on December 28, 2010. Subsequently, she initiated legal proceedings, including an application for maintenance under Section 125 of the CrPC in 2013 and a case unde...
Read More
Retired AFC Employees Win Supreme Court Battle for Higher Gratuity Payout
29Dec By The Legal ChamberNo Comments
Supreme Court

Retired AFC Employees Win Supreme Court Battle for Higher Gratuity Payout

The Supreme Court held that under the AFC’s Staff Regulations, the gratuity ceiling for employees is linked to notifications issued by the State Government. Consequently, AFC employees are entitled to the enhanced gratuity limit prescribed by the Government of Assam, as the regulations incorporate such external ceilings for employee benefit. Facts Of The Case: The Assam Financial Corporation Limited (AFC) appealed against a High Court judgment favouring its retired employees. The employees, who retired between 2018–2019, had been paid gratuity under AFC’s internal regulations, which had a ceiling of Rs. 7 lakhs as per a 2012 office order. They contended that they were entitled to a higher gratuity ceiling as per the Payment of Gratuity Act, 1972, which was aligned with the enhanced...
Read More
Supreme Court Forms Supervisory Committee to Monitor CBI Investigation in Stampede Case
28Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Forms Supervisory Committee to Monitor CBI Investigation in Stampede Case

In the Special Leave Petitions concerning the Karur stampede, the Supreme Court exercised its extraordinary constitutional powers under Article 32. It ordered the transfer of investigation to the CBI, citing the necessity to ensure credibility, impartiality, and public confidence in the probe, which involves serious allegations and impacts fundamental rights. Facts Of The Case: This case stems from a tragic stampede on September 27, 2025, during a political rally organized by the Tamilaga Vettri Kazhagam (TVK) in Karur, Tamil Nadu, resulting in 41 deaths and over 100 injuries. Multiple writ petitions were subsequently filed before the Madras High Court, primarily at its Madurai Bench, seeking a CBI investigation, compensation for victims, and the formulation of safety guidelines ...
Read More
Supreme Court Allows Voice Sample Collection, Says It’s Similar to Fingerprints or Handwriting
28Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Allows Voice Sample Collection, Says It’s Similar to Fingerprints or Handwriting

The Supreme Court held that a Judicial Magistrate is empowered to direct any person, including a witness, to provide a voice sample for investigation. Relying on the principle in Kathi Kalu Oghad and Ritesh Sinha, the Court ruled that such sampling does not constitute testimonial compulsion and does not violate the right against self-incrimination under Article 20(3) of the Constitution. Facts Of The Case: The case arose from the death of a 25-year-old married woman in February 2021, leading to allegations of harassment by her in-laws and counter-allegations of misappropriation of cash and jewellery by her parents. During the investigation, it was alleged that the 2nd respondent acted as an agent for the deceased's father and threatened a witness privy to an extortion demand. The Investi...
Read More
Landmark Ruling: Supreme Court Says Natural Justice Violated in Teacher Termination Case
25Dec By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling: Supreme Court Says Natural Justice Violated in Teacher Termination Case

The Supreme Court held that Rule 21 of the Jharkhand Primary School Teacher Appointment Rules, 2012, applies only to the preparation of a merit list and not to determining eligibility. The termination orders were quashed for violating principles of natural justice, as the appellants were not given notice regarding the exclusion of vocational subject marks. Facts Of The Case: The State of Jharkhand advertised posts for Intermediate Trained Teachers in 2015. The appellants—Ravi Oraon, Premial Hembrom, and Surendra Munda—successfully applied, were selected, and commenced their duties in December 2015. In September 2016, they were issued show cause notices alleging they did not meet the minimum eligibility criterion of 45% marks in their intermediate examination and questioning the validity ...
Read More
Supreme Court Eases Burden of Proof for Railway Accident Victims in Landmark Ruling
24Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Eases Burden of Proof for Railway Accident Victims in Landmark Ruling

In this judgment, the Supreme Court clarified the burden of proof in railway accident compensation claims under Section 124-A of the Railways Act, 1989. The Court held that the initial burden on claimants can be discharged by affidavit and verified ticket records, shifting the onus to the Railways. Mere absence of a ticket or seizure memo does not defeat a legitimate claim, as the statutory regime is a welfare-oriented, no-fault liability system based on preponderance of probabilities. Facts Of The Case: The case arose from the death of Sanjesh Kumar Yagnik on 19 May 2017. He was allegedly travelling from Indore to Ujjain by the Ranthambore Express (Train No. 12465) when, due to overcrowding, he was pushed from the moving train near Ujjain, sustaining fatal head injuries. The police regi...
Read More
Supreme Court Quashes Chhattisgarh’s Tender Rule, Upholds “Level Playing Field” for Businesses
29Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes Chhattisgarh’s Tender Rule, Upholds “Level Playing Field” for Businesses

The Supreme Court struck down a tender condition requiring prior supply experience within Chhattisgarh as violative of Articles 14 and 19(1)(g) of the Constitution. The condition was held arbitrary for creating an artificial barrier, restricting competition, and offending the doctrine of a level playing field without a rational nexus to the tender's object. Facts Of The Case: The appellant, Vinishma Technologies Pvt. Ltd., a company with experience supplying Sports Kits to various other states, challenged specific eligibility conditions in three tender notices issued by the State of Chhattisgarh for the supply of Sports Kits to government schools. The company was aggrieved by condition no. 4, which required bidders to have supplied sports goods worth at least Rs. 6.00 crores to Sta...
Read More
Supreme Court Quashes FIR Against In-Laws, Says Vague Allegations in 498A Case Are Not Enough
25Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes FIR Against In-Laws, Says Vague Allegations in 498A Case Are Not Enough

The Supreme Court quashed the FIR under Section 498-A, 377, and 506 read with Section 34 IPC against the in-laws. It held that general and vague allegations, without specific details of cruelty or unlawful demands, do not constitute a prima facie case. The Court reiterated that proceedings without such foundational ingredients amount to an abuse of the process of law. Facts Of The Case: The appellants, who were the father-in-law, mother-in-law, and sister-in-law of the complainant, sought the quashing of an FIR registered against them. The FIR alleged offences under Sections 498-A (cruelty), 377 (unnatural sex), and 506 (criminal intimidation) read with Section 34 (common intention) of the Indian Penal Code. The marriage between the complainant and the appellants' son/brother took place ...
Read More
Supreme Court Quashes FIR in Property Dispute, Says Mere Breach of Contract Isn’t Cheating
19Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes FIR in Property Dispute, Says Mere Breach of Contract Isn’t Cheating

The Supreme Court quashed criminal proceedings under Sections 406 and 420 IPC, holding that mere breach of contract does not constitute a criminal offence absent proof of dishonest intent at the inception. The allegations disclosed only a civil dispute, and continuing criminal prosecution amounted to an abuse of the process of the court. Facts Of The Case: The appellant, Arshad Neyaz Khan, entered into an agreement to sell his property to the complainant, Md. Mustafa, in February 2013 for a consideration of Rs. 43,00,000, out of which an advance of Rs. 20,00,000 was paid. Nearly eight years later, in January 2021, the complainant filed a criminal complaint alleging that the appellant had failed to either transfer the property or refund the advance amount, accusing him of cheating, crimin...
Read More
Supreme Court Clarifies: No Service Tax Exemption for Handling Export Cargo at Airports
13Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies: No Service Tax Exemption for Handling Export Cargo at Airports

The Supreme Court upheld the service tax levy on services provided by the Airports Authority of India for handling export cargo. It ruled that while such handling is excluded from the definition of "cargo handling service," it squarely falls under the broader, specific taxable service category of "Airport Services" as defined under Section 65(105)(zzm) of the Finance Act, 1994. Facts Of The Case: The Airports Authority of India (AAI), a statutory body under the Ministry of Civil Aviation, was engaged in handling export cargo at various airports. This involved a range of activities such as unloading, carting, X-ray screening, and export packing from the point of accepting the cargo until it was loaded onto an aircraft. The tax authorities confirmed a service tax liability on these s...
Read More