Tag: Supreme Court of India

Supreme Court Rules :Procedural Lapses Can’t Be A Safe Haven For Rapists
6Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules :Procedural Lapses Can’t Be A Safe Haven For Rapists

The Supreme Court held that procedural irregularities, such as defective charge framing or improper joint trial under Section 223 CrPC, do not automatically vitiate the proceedings unless a failure of justice is proven. The Court emphasized that minor inconsistencies and procedural lapses should not be elevated to the level of reasonable doubt to acquit an accused, especially in heinous offences, if the core prosecution evidence remains credible and consistent. The conviction was restored as no prejudice was established. Facts Of The Case: In 2016, a few months after the Holi festival, the appellant's minor daughter began experiencing health issues. Her deteriorating condition led her mother to take her to a hospital in Ballia, Uttar Pradesh, for treatment. On July 1, 2016, a medic...
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Domicile vs. Study: Supreme Court Explains Who Qualifies as a “Local” for Medical Seats
6Oct By The Legal ChamberNo Comments
Supreme Court

Domicile vs. Study: Supreme Court Explains Who Qualifies as a “Local” for Medical Seats

The Supreme Court upheld the constitutional validity of Telangana's rules defining 'local candidates' for medical admissions. It ruled that the classification, based on consecutive years of study/residence within the state, is not arbitrary and falls within the legislative competence under Article 371D, Entry 25 of List III, and the relevant Presidential Order. Facts Of The Case: The case originated from challenges to the Telangana Medical & Dental Colleges Admission Rules, 2017, and their 2024 amendment, which defined 'local candidates' eligible for 85% state quota seats. The definition required candidates to have studied in educational institutions within the state for four consecutive years ending with the qualifying examination, or to have resided there for the same period if not...
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Supreme Court Sets Aside NGT Order, Rules Tribunal Can’t Outsource Its Decision-Making to Committees
6Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Sets Aside NGT Order, Rules Tribunal Can’t Outsource Its Decision-Making to Committees

This Supreme Court judgment underscores that the National Green Tribunal must adhere to statutory procedures and principles of natural justice when passing adverse orders. The Supreme Court set aside the NGT's orders, holding that imposing environmental compensation without making the appellant a party, providing a hearing, or following the mandatory sampling process under the Water Act, 1974, renders the decision illegal and void. Facts Of The Case: The case originated from a complaint filed before the National Green Tribunal (NGT) alleging that M/s Triveni Engineering and Industries Ltd. was discharging untreated effluent from its Muzaffarnagar sugar mill, contaminating the local groundwater. The NGT constituted a Joint Committee to inspect the unit. Based on the Committee's reports, w...
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Supreme Court Rules :You Can’t Claim Property with Just a Will or Power of Attorney
6Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules :You Can’t Claim Property with Just a Will or Power of Attorney

This Supreme Court judgment reaffirms that an Agreement to Sell, General Power of Attorney, Will, or receipt of payment does not constitute a transfer of title under the Transfer of Property Act, 1882. Only a duly registered sale deed confers ownership. The doctrine of part-performance under Section 53A is inapplicable without the transferee being in possession, and a Will must be proved in strict compliance with the Indian Succession Act and Evidence Act. Facts Of The Case: The case involved a dispute over a property in Delhi between two brothers, Suresh Chand (Plaintiff) and Ramesh Chand (Defendant No. 1), after the death of their father, Kundan Lal. Suresh claimed ownership of the property based on a set of documents executed by their father on a single day in 1996, including a Genera...
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Supreme Court Rules: High Court Cannot Grant Anticipatory Bail if FIR Discloses SC/ST Act Offence
6Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: High Court Cannot Grant Anticipatory Bail if FIR Discloses SC/ST Act Offence

The Supreme Court held that Section 18 of the SC/ST Act creates a statutory bar against granting anticipatory bail when a prima facie case under the Act is made out from the FIR. The court's role at this stage is limited to verifying the FIR's averments and cannot extend to a mini-trial or appreciation of evidence. The High Court erred in disregarding this bar. Facts Of The Case: The complainant, belonging to the "Mang" Scheduled Caste community, lodged an FIR alleging that on 25.11.2024, the accused, Rajkumar Jain and others, confronted him outside his home. The accused were angered because the complainant had not voted for their candidate in the recent assembly elections. They verbally abused the complainant using the casteist slur "Mangtyano," beat him with an iron rod, and threatened...
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Supreme Court Settles Decade-Long Hydel Power Tariff Battle, Explains Limits of Private PPA Changes
1Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Settles Decade-Long Hydel Power Tariff Battle, Explains Limits of Private PPA Changes

The Supreme Court affirmed that the electricity tariff and Power Purchase Agreements (PPAs) are not purely private contracts. Under Section 86(1)(b) of the Electricity Act, 2003, they must be reviewed and approved by the State Electricity Regulatory Commission. A generating company and distribution licensee cannot unilaterally set or modify tariffs without the regulatory commission's mandatory approval. Facts Of The Case: The case originated from a dispute over the tariff payable for electricity supplied by M/s. KKK Hydro Power Limited. The company initially established a 3 MW hydro plant under a 2000 Power Purchase Agreement (PPA) with a fixed tariff of ₹2.50/kWh. In 2007, it augmented the project's capacity to 4.90 MW. A new PPA was executed in 2008 for the revised capacity, but it ret...
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Supreme Court Ruling: Key Lesson for Armed Forces, Location Misrepresentation is a Punishable Offence
1Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ruling: Key Lesson for Armed Forces, Location Misrepresentation is a Punishable Offence

The Supreme Court declined to interfere with the penalty imposed by the disciplinary authority, upholding the High Court's decision. The Court affirmed that misconduct, proven on the preponderance of probabilities and bringing disrepute to a disciplined force, warrants a commensurate penalty. It found no grounds for intervention under Article 136 of the Constitution. Facts Of The Case: The appellant, Constable Amar Singh, was serving with the Central Industrial Security Force (CISF) at the Mallaram Camp. On August 27, 1995, he was granted a two-hour out-pass to visit a hospital. Instead of doing so, he went to a residential colony located approximately 12 kilometres from the camp to enquire about quarters allotted to another constable. His presence and actions there agitated the local ci...
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No Relief for Constable: Supreme Court Reinstates Dismissal Over Unauthorized Absences
1Oct By The Legal ChamberNo Comments
Supreme Court

No Relief for Constable: Supreme Court Reinstates Dismissal Over Unauthorized Absences

The Supreme Court ruled that while it is desirable to inform an employee if past misconduct will be considered for punishment, it is not mandatory when the current charge itself constitutes a "gravest act of misconduct." In such cases, referring to past conduct merely to add weight to the decision does not vitiate the dismissal order, especially within a disciplined force where habitual absenteeism is a serious violation. Facts Of The Case: The respondent, Ex. Constable Satpal Singh, was appointed in the Punjab Armed Forces in 1989 and later transferred to the Commando Battalion. The immediate trigger for the case was his unauthorized absence from April 4, 1994, to May 12, 1994 (37 days), after he overstayed a one-day casual leave. A departmental enquiry was initiated for this absence, w...
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Supreme Court Acquits Mother-in-Law, Cites Lack of Evidence in Dowry Harassment Case
1Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Mother-in-Law, Cites Lack of Evidence in Dowry Harassment Case

The Supreme Court acquitted the appellant of charges under Section 498-A IPC. It held that the conviction, based solely on uncorroborated testimony of interested witnesses, was unsustainable. The Court emphasized that cruelty under Section 498-A must be proven by continuous or persistent conduct likely to drive a woman to suicide, which was not established by the prosecution evidence. Facts Of The Case: The case originated from the death of Chandra Devi, who was found deceased in her matrimonial home on June 15, 2001. Her father, Dharmanand Joshi (PW-1), filed a complaint the next day, alleging that his daughter had committed suicide by hanging. He reported seeing wounds on her body and expressed suspicion about her death, stating that the deceased had previously told him her mother-in-l...
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Supreme Court Relief for Companies: Tax Exemption for Vehicles Confined to Plant Premises
1Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Relief for Companies: Tax Exemption for Vehicles Confined to Plant Premises

The Supreme Court ruled that motor vehicle tax under the Andhra Pradesh Act is leviable only if a vehicle is used or kept for use in a "public place." It held that restricted industrial premises, inaccessible to the public, do not constitute a public place. Consequently, vehicles operating exclusively within such enclosed areas are not liable for the tax, and a rule creating a presumption of 'use' must be read in harmony with this charging section. Facts Of The Case: The appellant, M/s Tarachand Logistic Solutions Limited, was awarded a contract to operate within the enclosed central dispatch yard of the Visakhapatnam Steel Plant (RINL). Pursuant to this, it deployed 36 registered motor vehicles which, from April 1, 2021, were confined solely to operating inside this restricted premises,...
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