Tag: Supreme Court Judgment

Supreme Court’s Mixed Verdict for a Forest Officer :Right Declared, But Promotion Delayed
24Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Mixed Verdict for a Forest Officer :Right Declared, But Promotion Delayed

The Supreme Court ruled that the term "State Forest Service" under the Indian Forest Service (Recruitment) Rules, 1966, refers to the service as a whole, not individual posts. The Court held that once a state service is approved, its substantively appointed gazetted officers, including Forest Range Officers, are eligible for consideration for promotion to the Indian Forest Service. Facts Of The Case: The appellant, P. Maruthi Prasada Rao, was appointed as a Forest Range Officer (FRO) in 2006. In 2021, he petitioned the authorities, arguing that FROs should be considered part of the "State Forest Service" and thus be eligible for promotion to the Indian Forest Service (IFoS) when sufficient numbers of senior officers like Deputy Conservators of Forests (DCFs) and Assistant Conserv...
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Supreme Court Rules: Pre-Independence Documents Hold Highest Value in Tribe Claim
16Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Pre-Independence Documents Hold Highest Value in Tribe Claim

The Supreme Court held that pre-Independence documents carry greater probative value for caste claims and that the affinity test is not a litmus test. It cannot be the sole basis for rejection, especially given modernization and assimilation. The Court emphasized that such claims must be evaluated primarily on reliable documentary evidence. Facts Of The Case: The appellant, Yogesh Madhav Makalwad, sought admission to a medical college based on a caste certificate claiming he belonged to the Scheduled Tribe community of Koli Mahadev. His claim was supported by historical documents, including the 1943 school record of his grandfather, which explicitly mentioned the caste as Koli Mahadev. Subsequent school records from 1975 and 1979 for his father and uncle, as well as his own school record...
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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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How Unexplained Injuries and a Family Dispute Led to an Acquittal by the Supreme Court
9Sep By The Legal ChamberNo Comments
Supreme Court

How Unexplained Injuries and a Family Dispute Led to an Acquittal by the Supreme Court

The Supreme Court acquitted the appellant, granting the benefit of doubt. The conviction was overturned due to material inconsistencies in the prosecution's case, including an unexplained timeline of death, unrebutted defence evidence of family enmity, and a lack of medical corroboration for the alleged weapon and dying declaration. Facts Of The Case: Based on the altercation, the appellant and her husband were accused of fatally beating the deceased with sticks near a temple later that night. The prosecution's case, supported by eyewitnesses including the deceased's father (PW-7), was that the attack was retaliation for the afternoon dispute. The victim was allegedly carried home unconscious and died minutes later, with a First Information Report (FIR) lodged around 9:00 PM. How...
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Promises Must Be Kept: Supreme Court Protects Industry from Unexpected Tariff Hikes by State Board
9Sep By The Legal ChamberNo Comments
Supreme Court

Promises Must Be Kept: Supreme Court Protects Industry from Unexpected Tariff Hikes by State Board

The Supreme Court held that the electricity board was estopped from resiling from its contractual obligation to provide a concessional tariff after having sanctioned, agreed, and partially implemented it. The board's unilateral withdrawal of the concession after over two years was deemed arbitrary, illegal, and unsustainable in law. Facts Of The Case: The appellant, an existing industrial unit with a Low Tension (LT) power connection, underwent significant expansion by installing a large induction furnace, which necessitated a High Tension (HT) or bulk power supply. It applied for this new connection in 1998. The respondent electricity board, after inspection, sanctioned the HT connection via a memo that explicitly stipulated the appellant’s eligibility for a 25% concessional tarif...
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Who Pays for Unpaid Power Bills? Supreme Court Explains ‘Regulatory Asset’ Mess and Orders a Fix
6Sep By The Legal ChamberNo Comments
Supreme Court

Who Pays for Unpaid Power Bills? Supreme Court Explains ‘Regulatory Asset’ Mess and Orders a Fix

The Supreme Court ruled that Regulatory Assets, while a valid regulatory tool, must be created only in exceptional circumstances and liquidated in a time-bound manner. It upheld the legal framework under the Electricity Act, 2003, and directed strict adherence to the newly inserted Rule 23 of the Electricity Rules, which mandates a maximum 3% gap in revenue and a 7-year liquidation period for existing assets. The judgment emphasizes the duty of Regulatory Commissions to ensure cost-reflective tariffs and affirms APTEL's power under Section 121 to issue directions against regulatory failure. Facts Of The Case: The case originated from petitions and appeals filed by three private power distribution companies (Discoms) in Delhi—BSES Rajdhani, BSES Yamuna, and Tata Power Delhi—agains...
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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 Empowers Pollution Boards to Levy Environmental Damages
5Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Empowers Pollution Boards to Levy Environmental Damages

The Supreme Court held that Pollution Control Boards can impose restitutionary and compensatory damages, including ex-ante bank guarantees, under Sections 33A and 31A of the Water and Air Acts. This power is distinct from punitive penalties and is grounded in the 'Polluter Pays' principle to remediate environmental damage. Facts Of The Case: The Delhi Pollution Control Committee (DPCC) issued show cause notices in 2006 to multiple entities, including residential and commercial complexes, for operating without the mandatory "consent to establish" and "consent to operate" under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. As a condition for granting consent, the DPCC demanded the payment of fixed sums a...
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Can’t Go Straight to the Magistrate? Supreme Court Explains the Right Way to File an FIR When Police Refuse
23Aug By The Legal ChamberNo Comments
Supreme Court

Can’t Go Straight to the Magistrate? Supreme Court Explains the Right Way to File an FIR When Police Refuse

The Supreme Court upheld that a Magistrate's order under Section 156(3) CrPC directing FIR registration, even if passed without the informant first approaching the Superintendent of Police, is a mere procedural irregularity and not illegal. The Court affirmed that such an order must be a reasoned one reflecting application of mind, and refused to quash the FIR at the chargesheet stage, leaving the matter for trial. Facts Of The Case: Based on a Memorandum of Understanding (MoU) from 1995, a financial dispute arose between M/s Sunair Hotels Ltd. (SHL) and VLS Finance Ltd. (VLS). SHL alleged that VLS officials had fraudulently induced them into the agreement by promising a public issue that was impossible under SEBI guidelines. After VLS filed several criminal complaints against SHL for fi...
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Supreme Court Reduces Life Term in POCSO Case, Cites Constitutional Protection Against Harsher Retroactive Penalties
23Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Reduces Life Term in POCSO Case, Cites Constitutional Protection Against Harsher Retroactive Penalties

The Supreme Court upheld the conviction under Section 6 of the POCSO Act but modified the sentence. Relying on Article 20(1) of the Constitution, it held that the enhanced punishment of imprisonment for the remainder of natural life, introduced by the 2019 amendment, could not be applied retrospectively to an offence committed prior to its enactment. Facts Of The Case: On May 20, 2019, the appellant, Saturam Mandavi, was accused of luring a five-year-old girl to his house and raping her while her parents were away attending a marriage ceremony in the village. The victim's mother, upon returning and being unable to locate her daughter, confronted the appellant at his house, after which he fled. An FIR was subsequently registered against him. The Trial Court convicted the appellant under S...
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