Tag: Writ Petition

Supreme Court: Death of Appellant Before Hearing Renders Appellate Judgment Void
20Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Death of Appellant Before Hearing Renders Appellate Judgment Void

The Supreme Court held that a decree passed in favor of deceased appellants, whose legal heirs were not substituted, is a nullity. Consequently, the original trial court decree revives and is executable, as a null appellate decree cannot supersede a valid prior decree. Facts Of The Case: The legal heirs of Arjunrao Thakre filed a civil suit challenging the re-allotment of his agricultural land to defendants 3 to 5. The trial court decreed the suit in 2006, declaring the plaintiffs as owners and the subsequent allotment illegal. Defendants 4 and 5 appealed. During the pendency of this first appeal, both appellants died—defendant 4 in 2006 and defendant 5 in 2010—but their legal heirs were never brought on record. Unaware of the deaths, the first appellate court heard and partl...
Read More
Clarity in Tender Documents is Key: Supreme Court Quashes Bid Rejection Over Ambiguous Term
16Jan By The Legal ChamberNo Comments
Supreme Court

Clarity in Tender Documents is Key: Supreme Court Quashes Bid Rejection Over Ambiguous Term

The Supreme Court held that a tender condition must be explicitly stated. The rejection of a bid for not submitting a solvency certificate from a District Magistrate was invalid, as the tender notice did not specify this requirement. Authorities cannot reject a bid on grounds not stated in the tender documents. Facts Of The Case: The dispute arose from a tender floated by the Krishi Utpadan Mandi Parishad (Mandi Parishad) to lease a banquet hall and terrace lawn for ten years. The appellant, Kimberley Club Pvt. Ltd., submitted its bid alongside other parties, including the fifth respondent, who emerged as the successful bidder. The Mandi Parishad rejected the appellant's technical bid on a specific ground: the 'haisiyat praman patra' (solvency certificate) it submitted was issued b...
Read More
Supreme Court Rules No Compassionate Job if Retiral Benefits Accepted
15Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules No Compassionate Job if Retiral Benefits Accepted

The Supreme Court ruled that for a missing person, the date of civil death is legally presumed to be after seven years from disappearance, not the date they went missing, as per Section 108 of the Indian Evidence Act, 1872. A court decree declaring death merely recognizes this presumption without fixing an earlier date. This legal presumption is central to claims dependent on establishing the date of death. Facts Of The Case: The case involved a claim for compassionate appointment by Shubham, the son of Gulab Mahagu Bawankule, an employee of the Nagpur Municipal Corporation. Gulab went missing on September 1, 2012. During the period of his disappearance, he was treated as being in continuous service and was duly retired on January 31, 2015. His family received all retiral ben...
Read More
Supreme Court Clarifies: Pending Cases Don’t Justify Violating Active Court Orders
6Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies: Pending Cases Don’t Justify Violating Active Court Orders

The Supreme Court held that once an interim court order is in operation, it remains binding unless specifically vacated. Merely releasing a reserved matter does not invalidate or nullify an existing interim order. Violating such an order without obtaining prior leave from the court constitutes a prima facie case for contempt proceedings. Facts Of The Case: The appellant, a professor at KGMU, was appointed as the Nodal Officer for implementing a software system in 2010. In 2017, audit objections arose regarding expenditures during his tenure, leading to a disciplinary inquiry. The professor challenged the preliminary inquiry and a subsequent notice via his first writ petition in 2018. While this petition was reserved for judgment, the disciplinary committee sent him a questionnaire, which...
Read More
Supreme Court Rules: Non-Examination of Complainant Vitiates Departmental Inquiry
4Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Non-Examination of Complainant Vitiates Departmental Inquiry

The Supreme Court held that a departmental inquiry is vitiated if based on the unexamined statement of a key complainant, denying the delinquent employee the right to cross-examination—a violation of natural justice. Charges unsupported by conclusive evidence cannot sustain a dismissal order, warranting judicial intervention under Article 226. Facts Of The Case: The appellant, V.M. Saudagar, was a Travelling Ticket Examiner (TTE) with Central Railway, Nagpur. On 31 May 1988, a Railway Vigilance team conducted a surprise check on his coach. He was subsequently charge-sheeted in July 1989 for alleged misconduct, including demanding illegal gratification from three passengers for berth allotment, possessing excess undeclared cash, failing to recover a small fare difference, and forgin...
Read More
From Paper Rights to Real Rights: Supreme Court Orders Sweeping Reforms for Transgender Community
4Jan By The Legal ChamberNo Comments
Supreme Court

From Paper Rights to Real Rights: Supreme Court Orders Sweeping Reforms for Transgender Community

This Supreme Court judgment affirms that the Transgender Persons (Protection of Rights) Act, 2019, read with Articles 14, 15, and 21 of the Constitution, imposes horizontal obligations on both State and private establishments to prevent discrimination against transgender persons. The Court underscores the State’s positive duty to ensure reasonable accommodation, effective grievance redressal, and substantive equality, holding that legislative and administrative inaction constitutes discriminatory omission. Facts Of The Case: The petitioner, Jane Kaushik, a transgender woman and trained teacher, faced alleged discrimination and termination from two private schools within a year. She was first appointed by the First School in November 2022 but was forced to resign after eight days, citin...
Read More
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...
Read More
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...
Read More
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...
Read More
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...
Read More