Supreme Court of India Judgements

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Month: February 2022

C P C

IMP – Commercial Suits – Time limit for filing written statement – in the ordinary circumstances, the mandates of Rule 1(1) of Order V, Rule 1 of Order VIII as also Rule 10 of Order VIII, as applicable to the Commercial dispute of a Specified Value, do operate in the manner that after expiry of 120th day from the date of service of summons, the defendant forfeits the right to submit his written statement and the Court cannot allow the same to be taken on record but

Feb 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAKASH CORPORATES — Appellant Vs. DEE VEE PROJECTS LIMITED — Respondent ( Before : Dinesh Maheshwari and Vikram Nath, JJ. ) Civil Appeal No(s).…

Education

Council of Architecture may prescribe minimum standards of architectural education, either by way of regulations issued under Section 45(2) or even otherwise – It is only in cases where the Council chooses to prescribe standards in the form of regulations that the requirement of approval of the Central Government under Section 45(1) would become necessary.

Feb 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COUNCIL OF ARCHITECTURE — Appellant Vs. THE ACADEMIC SOCIETY OF ARCHITECTS (TASA) AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian,…

Land Acquisition

Maharashtra Regional and Town Planning Act, 1966 – Sections 19, 22, 22(b), 22(c) and 31(5) – Under the MRTP Act, in the Development Plan, the Planning Authority and/or the Appropriate Authority has to make the provisions for the public purposes mentioned in Clauses (b) and (c) of Section 22 and sub-section (5) of Section 31 of the MRTP Act – in the facts and circumstances of this case, when land is found to be unsuitable and unusable for the purposes for which it has been reserved, Corporation cannot be compelled to pay a huge compensation for such a useless and unsuitable land.

Feb 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE KOLHAPUR MUNICIPAL CORPORATION AND OTHERS — Appellant Vs. VASANT MAHADEV PATIL (DEAD) THROUGH L.R.S AND OTHERS — Respondent ( Before : M.R. Shah…

Consumer

When the complainant had lodged the FIR immediately after the theft of the vehicle, and when the police after the investigation had arrested the accused and also filed challan before the concerned Court, and when the claim of the insured was not found to be not genuine, the Insurance Company could not have repudiated the claim merely on the ground that there was a delay in intimating the Insurance Company about the occurrence of the theft.

Feb 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAINA CONSTRUCTION COMPANY — Appellant Vs. THE ORIENTAL INSURANCE COMPANY LIMITED AND ANOTHER — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi,…

Labour Cases

Industrial Disputes Act, 1947 – Section 11A – Dismissal form service – Misconduct – Looking into seriousness of the nature of allegations levelled against the employee, the punishment of dismissal inflicted upon him in no manner could be said to be shockingly disproportionate which would have required to be interfered with by the Tribunal in exercise of its power under Section 11A of the Act 1947

Feb 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNITED BANK OF INDIA — Appellant Vs. BACHAN PRASAD LALL — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil…

Service Matters
Service

HELD Considering the fact that it can be said to be a case of loss of confidence in the employee by the Bank – It just and proper to substitute the punishment from that of removal of service to that of compulsory retirement – Appellant shall be entitled to all the benefits which may be available to him by converting the punishment from that of removal of service to that of compulsory retirement – Appeal allowed.

Feb 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UMESH KUMAR PAHWA — Appellant Vs. THE BOARD OF DIRECTORS UTTARAKHAND GRAMIN BANK AND OTHERS — Respondent ( Before : M.R. Shah and B.V.…

Constitution

Reinstatement of woman Additional District Judge, who complained of sexual harassment against the judge of the Madhya Pradesh High Court and resigned in 2014 – Petitioner’s resignation from the post of Additional District & Sessions Judge, Gwalior dated 15th July 2014, cannot be construed to be voluntary – directed to re­instate the petitioner forthwith as an Additional District & Sessions Judge

Feb 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MS. X — Appellant Vs. REGISTRAR GENERAL, HIGH COURT OF MADHYA PRADESH AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R.…

Accident

Multiplier – Since the deceased was 54 years of age on the date of incident, therefore, the suitable multiplier would be 11 – Thus, the appellants are found entitled to compensation of Rs. 24,33,064/- with interest @ 9% from the date of filing of the claim application till realisation.

Feb 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH R. VALLI AND OTHERS — Appellant Vs. TAMIL NADU STATE TRANSPORT CORPORATION LIMITED — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ.…

Land Acquisition

Land Acquisition Act, 1894 – Acquisition of land – Notification – Once the very acquisition and the notifications under Sections 4 and 6 were the subject matter of other proceedings pending before the High Court, in order to avoid any further conflicting orders HC not to decide appeals separately. Remanded

Feb 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M.P. HOUSING BOARD AND ANOTHER — Appellant Vs. SATISH KUMAR BATRA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

You missed

C P C

A party should not suffer due to the negligence of their counsel, and a restoration application under Order IX Rule 13 of the CPC can serve as an application for condonation of delay if it explains the reasons for the delay, so that courts should focus on the merits of a case rather than being hindered by procedural technicalities A. Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — An application under Order 9 Rule 13 can also serve as an application for condonation of delay — The court cites Bhagmal and Ors Vs. Kunwar Lal and Others, to support its finding that where the delay in filing an application under Order 9 Rule 13 of the CPC is explained within the application itself, there is no need for a separate application for condonation of delay — The court emphasizes that the procedure is a handmaid of justice, and hyper-technical interpretations of rules should not stand in the way of achieving a just outcome.

Dec 28, 2024 sclaw
Anticipatory Bail

Anticipatory bail should not be granted routinely, especially in serious offenses like murder, and that courts must consider the severity of the charges, the evidence, and the materials on record, including the charge sheet Penal Code, 1860 (IPC) — Section 302 — Murder — The Supreme Court overturned the Patna High Court’s decision to grant anticipatory bail to respondents in a murder case — The case originated from an incident where the appellant’s nephew was allegedly set on fire by the respondents — The court emphasized that anticipatory bail should not be granted mechanically, particularly in severe offenses like murder, and the High Court had erred in not considering the gravity of the charges and the evidence, including the charge sheet which stated that the case against the accused persons was found to be true — The Supreme Court directed the respondents to surrender to the trial court and apply for regular bail, to be considered on its merits — The Supreme Court’s decision underscores the importance of a thorough review of case details and allegations before granting anticipatory bail, especially in cases of serious crimes.

Dec 28, 2024 sclaw
Service

Service Law — Regularization of services for long-term, part-time employees — The court found that the appellants’ continuous service for over a decade, performing essential duties, should not be disregarded simply because their initial appointments were labeled as part-time or contractual — The court noted the indispensable nature of their work, the lack of any performance issues, and that their duties were similar to those of regular employees — The court emphasized that the nature of their work was perennial and fundamental, requiring their classification as regular posts — The court also found that the appellants’ abrupt termination was unjustified and violated principles of natural justice, and the argument against their regularization based on educational qualifications was untenable — The court noted discriminatory practices as other employees with similar or shorter service had been regularized — The court clarified that the Uma Devi judgment was not intended to penalize employees who have served long years in essential roles and that “irregular” appointments should be considered for regularization, especially when they are not “illegal” and the employees have served continuously against sanctioned functions.

Dec 28, 2024 sclaw
Child Custody Matrimonial

For best interest and welfare of the child are the paramount considerations when determining visitation rights A. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child’s health and well-being must not be compromised in the process of adjudicating parental rights. B. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Both parents have a right to the care, company, and affection of their child — However, this right is not absolute and must be balanced with the need to protect the child’s welfare — In this case, the court acknowledges the father’s right to visit his daughter but ensures that these visits do not negatively impact the child. C. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Matrimonial disputes and serious allegations between parents should not impede a child’s right to the care and company of both parents — The court separates the child’s welfare from the conflict between the parents. D. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Visitation arrangements must not cause undue hardship to the child — The court modified the High Court’s order, which required the child to travel 300 kilometers every Sunday, as it was deemed detrimental to the child’s health and well-being. E. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The location for visitation must be convenient and in the best interest of the child — The court changed the visitation location from Karur to Madurai, which is closer to the child’s residence, in order to prioritize the child’s comfort and convenience. F. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Supervised visitation may be necessary, especially for young children — The court directed that the father’s visits should occur in a public place, with the mother present (though at a distance), due to the child’s young age and unfamiliarity with the father.

Dec 28, 2024 sclaw