Tag: Supreme Court Judgment

Supreme Court Rejects Delay Condonation in Property Dispute: No Second Chance for Delay “Limitation Act”
Supreme Court

Supreme Court Rejects Delay Condonation in Property Dispute: No Second Chance for Delay “Limitation Act”

The Supreme Court ruled that repeated applications for condonation of delay under different procedural provisions (Order IX Rule 13 and Order XLI Rule 3A CPC) cannot be entertained when the same grounds were already rejected in earlier rounds. Emphasizing strict adherence to limitation laws, the Court held that finality of judicial orders must prevail over belated challenges, and litigants cannot abuse process by re-agitating identical delay explanations. The judgment reaffirmed that Section 14 of the Limitation Act doesn’t apply where prior delay condonation pleas were dismissed on merits. Facts Of The Case: The dispute arose from a 2015 sale agreement between the appellant (Thirunagalingam) and respondent No. 1 (Lingeswaran) concerning property in Nainarkoil village. When the responden...
Railway Guards’ Seniority Dispute: Supreme Court Upholds Seniority Rules for Surplus Railway Employees
Supreme Court

Railway Guards’ Seniority Dispute: Supreme Court Upholds Seniority Rules for Surplus Railway Employees

The Supreme Court upheld the Railway Board's policy under Paragraph 313A of the Indian Railway Establishment Manual, 1989, ruling that surplus employees absorbed in a new division lose past service benefits for seniority and are treated as fresh entrants. Those who voluntarily opted for transfer were also placed at the bottom of the recruitment grade, affirming the Tribunal and High Court's decisions. The Court rejected arguments challenging the retrospective application of the circular, clarifying that redeployed staff cannot claim seniority based on prior service. Facts Of The Case: The case involved railway employees (guards and senior guards) from Bhavnagar Division of Western Railway who were affected by operational changes due to the conversion of meter gauge to broad g...