Tag: Supreme Court of India

Supreme Court Protects Religious Freedom: Quashes Multiple UP Conversion FIRs
2Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Protects Religious Freedom: Quashes Multiple UP Conversion FIRs

This Supreme Court judgment quashed multiple FIRs under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, holding that the unamended Section 4 restricted lodging of complaints only to aggrieved persons or their relatives. The Court found the subsequent FIRs were impermissible as they pertained to the same incident, violated the principle against multiplicity of proceedings, and were an abuse of process. Facts Of The Case: The case involves a batch of petitions and appeals concerning six FIRs registered under the Indian Penal Code and the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The primary FIR (No. 224/2022) was lodged on 15.04.2022 at the instance of Himanshu Dixit, a Vice President of the Vishwa Hindu Parishad, alleging mass reli...
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Directly Approaching High Court Barred When Tribunal Exists, Rules Supreme Court
1Jan By The Legal ChamberNo Comments
Supreme Court

Directly Approaching High Court Barred When Tribunal Exists, Rules Supreme Court

The Supreme Court upheld the principle that the Karnataka State Administrative Tribunal (KSAT) is the designated court of first instance for service disputes, including recruitment matters. The High Court's writ jurisdiction under Article 226 cannot be invoked when an effective statutory alternative remedy exists, barring exceptional constitutional circumstances not present in this case. Facts Of The Case: The State of Karnataka issued a recruitment notification in March 2022 for 15,000 Graduate Primary Teacher posts. Following examinations, a provisional select list was published in November 2022. This list excluded certain married women candidates who had applied under the Other Backward Classes (OBC) category because they submitted caste and income certificates in their fathers' n...
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Supreme Court Reins in High Court’s Suo Motu CBI Inquiry in Recruitment Case
1Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Reins in High Court’s Suo Motu CBI Inquiry in Recruitment Case

This Supreme Court ruling clarified that High Courts cannot direct a Central Bureau of Investigation (CBI) probe merely on "doubt" or "assumption." Such an extraordinary power under Article 226 must be exercised sparingly and only in exceptional cases where material prima facie discloses a cognizable offence, ensuring investigative credibility and protecting fundamental rights. Facts Of The Case: The case originated from writ petitions filed before the Allahabad High Court challenging the 2020 recruitment process for Class-III posts in the Uttar Pradesh Legislative Council and Assembly Secretariats. The petitioners, unsuccessful candidates, alleged the selection was arbitrary, unfair, and involved favoritism by the private external agency conducting the exams. They soug...
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Supreme Court: An Agreement to Sell Does Not Transfer Ownership Under Muslim Law
31Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court: An Agreement to Sell Does Not Transfer Ownership Under Muslim Law

The Supreme Court affirmed that an agreement to sell does not transfer title under Section 54 of the Transfer of Property Act. Property remains part of the deceased's matruka (estate) until a registered sale deed is executed. Inheritance under Muslim law applies to the entire estate, with the widow entitled to a one-fourth share as a sharer, absent descendants. Facts Of The Case: The case concerns a dispute over the inheritance of Chand Khan's property between his widow, Zoharbee (appellant), and his brother, Imam Khan (respondent). Chand Khan died issueless, leaving behind two plots of land. Zoharbee claimed the entire property as matruka (estate) and, under Muslim law, sought a three-fourths share as the surviving spouse. Imam Khan contended that one plot had been transferred v...
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Supreme Court: No Absorption for Waitlisted Candidate After Recruitment Process Ends
31Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court: No Absorption for Waitlisted Candidate After Recruitment Process Ends

The Supreme Court held that a candidate in the reserved panel (waitlist) has no vested right to appointment once the selected candidates join their posts. A legal concession made before a tribunal cannot bind the authorities if it contravenes statutory recruitment rules or extends the life of a waitlist indefinitely. Facts Of The Case: The case originated from a 1997 recruitment drive by All India Radio, Eastern Zone, for three Technician posts reserved for Scheduled Castes. The respondent, Subit Kumar Das, was placed at Serial No. 1 in the Reserved Panel (waitlist). All three selected candidates joined their posts, so the waitlist was not operated. In 1999, during litigation before the Central Administrative Tribunal (CAT), the appellants (Union of India) gave a statement that the r...
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Will, Mutation & Adverse Possession: Supreme Court Allows Title Suit to Proceed to Trial
31Dec By The Legal ChamberNo Comments
Supreme Court

Will, Mutation & Adverse Possession: Supreme Court Allows Title Suit to Proceed to Trial

The Supreme Court held that a plaint cannot be rejected under Order VII Rule 11(d) of the CPC on grounds of limitation when seeking possession based on title, as the limitation period is 12 years under Article 65. The determination of adverse possession is a mixed question of law and fact requiring trial, not a threshold dismissal. Facts Of The Case: The plaintiffs, claiming to be natural heirs of Kartar Kaur through the sisters of the original landowner Ronak Singh, filed a suit for declaration of ownership, possession, and injunction. Their claim stemmed from a 1975 decree that set aside a prior gift made by Kartar Kaur and declared her the owner. Following Kartar Kaur's death in 1983, the defendants set up a 1976 will in their favour, initiating prolonged mutation proceedings wh...
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Supreme Court Boosts Accident Compensation: Key Takeaways on Salary & Tax Calculation
31Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Boosts Accident Compensation: Key Takeaways on Salary & Tax Calculation

The Supreme Court clarified that for computing compensation in motor accident claims, the deceased's income includes all allowances, regardless of taxability. Future prospects for a permanent employee below 40 are to be added at 50%. Income tax deduction, if applicable, must be calculated as per the actual tax slab rates for the relevant year. Facts Of The Case: The case originated from a motor accident claim filed by the dependents of a 27-year-old engineer employed with the Power Grid Corporation of India, who died in an accident. The Motor Accident Claims Tribunal awarded compensation of approximately ₹88.20 lakhs. This computation included his full monthly salary of ₹53,367 (comprising basic pay, DA, and other allowances), applied a multiplier of 18, added 50% for future prospe...
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Supreme Court Sides with Property Buyer: Restores ₹20 Crore Award Against Nashik Municipal Corporation
31Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Sides with Property Buyer: Restores ₹20 Crore Award Against Nashik Municipal Corporation

This Supreme Court judgment interprets Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, affirming the method for determining market value based on comparable sale instances. It clarifies that rental compensation for pre-acquisition occupation is not statutorily mandated, but equitable interest may be awarded under Section 28 for specific periods of dispossession. Facts Of The Case: This case concerns a long-standing dispute over a 37-Are (3,700 sq. m.) plot of land in Nashik, originally part of Survey No. 8/1. In 1972, the Nashik Municipal Corporation (then Council) resolved to reserve the land for public purposes and took possession of this portion without formal acquisition. A 1978 notification under land acqu...
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Supreme Court Explains Why: Can’t File Contempt in Supreme Court for Violating High Court Order
29Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Explains Why: Can’t File Contempt in Supreme Court for Violating High Court Order

This Supreme Court judgment clarifies that the doctrine of merger is not of universal application. It holds that where the Supreme Court permits withdrawal of an intra-court appeal, the parties revert to the status under the original High Court Single Judge order. Consequently, contempt for its violation lies before the High Court, not the Supreme Court. Facts Of The Case: The petitioner, M/s Khurana Brothers, initially challenged an order of a Single Judge of the Uttarakhand High Court by filing an intra-court appeal before a Division Bench. While the Division Bench dismissed this appeal, it made certain observations that, according to the petitioner, worsened its legal position compared to the Single Judge's order. The petitioner then sought and was granted leave to appeal to t...
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Supreme Court :Knowledge of Victim’s Caste Enough for SC/ST Act Conviction
29Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court :Knowledge of Victim’s Caste Enough for SC/ST Act Conviction

The Supreme Court affirmed that school admission registers are admissible evidence under Section 35 of the Evidence Act to prove a victim's minority in POCSO cases. It clarified that a witness cannot be declared hostile for minor inconsistencies, reiterating that such a step is an extraordinary measure requiring clear hostility or resiling from a material statement. The Court also held that under the amended SC/ST Act, mere knowledge of the victim's caste is sufficient to attract Section 3(2)(v), especially when a presumption of such awareness arises under Section 8(c) from prior acquaintance. Facts Of The Case: On the night of May 10, 2018, the minor victim left her home to deliver food to her grandfather. Near a Sendhwar tree, the appellant, Shivkumar, allegedly abducted her by force, ...
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