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Land Acquisition and Development — Public Purpose De-reservation — Subject land originally earmarked for High School was de-reserved by competent authority due to insufficient area; subsequent sale to private individuals was upheld by civil courts and its finality was not challenged. Contempt of Courts Act, 1971 — Sections 2(c), 19 — Criminal Contempt — Scandalising the court — An advocate’s public allegations against a sitting judge, made via a press conference and repeated in court applications, can constitute criminal contempt by scandalising the court, lowering its authority, and interfering with judicial proceedings — Such conduct is unbecoming of a legal professional and undermines public confidence in the judiciary. Recruitment Rules and Advertisement — Essential Qualifications — Work Experience — In absence of a specific rule or advertisement provision, a recruiting agency cannot relax essential eligibility criteria by treating a higher qualification as a replacement for a mandatory essential qualification — A preference for a higher qualification operates only for eligible and meritorious candidates and does not override or supplant the primary requirement of essential eligibility. Industrial Disputes Act, 1947 — Section 10 — Relief of back wages and regularisation — Employee illegally terminated, ordered reinstatement with back wages by Labour Commissioner and Industrial Court — Employer challenged, but interim order for back wages deposit was made and employee reinstated as daily wager — Employee sought regularisation after completing 180 days of service, granted by Industrial Court from the date of 180 days completion as per settlement clause — Employer failed to comply timely, only regularising employee on a sanctioned post after many years, imposing new conditions contrary to prior orders — Supreme Court held that employer cannot impose new conditions limiting regularisation contrary to earlier unchallenged orders and settlement terms, and reversed High Court’s decision setting aside back wages order. Arbitration and Conciliation Act, 1996 — Section 34 — Challenge to Arbitral Award — Legal Representatives — The Arbitration Act is a complete code for dispute resolution — Legal representatives of a deceased party are entitled to challenge an arbitral award under Section 34 of the Act, as the Act envisions continuity of proceedings after a party’s death and makes awards enforceable by or against legal representatives — Denying this right would render legal representatives remediless while making them liable to fulfill the award, contradicting the Act’s purpose.

An award can be set aside only if the award is against the public policy of India. The award can be set aside under Sections 34/37 of the Arbitration Act, if the award is found to be contrary to, (a) fundamental policy of Indian Law; or (b) the interest of India; or (c) justice or morality; or (d) if it is patently illegal.

SUPREME COURT OF INDIA DIVISION BENCH HARYANA TOURISM LIMITED — Appellant Vs. M/S KANDHARI BEVERAGES LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna JJ. ) Civil Appeal…

Word ‘dowry’ and takes in its ambit any kind of property or valuable security, demand for money for construction of house as falling within the definition of the word ‘dowry’ – Trial Court was correct and the husband deserved to be convicted under Sections 304-B and 498-A IPC – Appeal partly allowed.

SUPREME COURT OF INDIA FULL BENCH STATE OF MADHYA PRADESH — Appellant Vs. JOGENDRA AND ANOTHER — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hima Kohli, JJ.…

Service Matters

Bank pension scheme – Non­availability of financial resources would not be a defence available to the Bank in taking away the vested rights accrued to the employees that too when it is for their socio­economic security – It is an assurance that in their old age, their periodical payment towards pension shall remain assured – Pension which is being paid to them is not a bounty and it is for the Bank to divert the resources from where the funds can be made available

SUPREME COURT OF INDIA DIVISION BENCH THE PUNJAB STATE COOPERATIVE AGRICULTURAL DEVELOPMENT BANK LIMITED — Appellant Vs. THE REGISTRAR, COOPERATIVE SOCIETIES AND OTHERS — Respondent ( Before : Ajay Rastogi…

Constitution of India, 1950 – Article 227 – Civil Procedure Code, 1908 (CPC) – Order 9 Rule 13 – Setting aside of exparte decree – Power under Article 227 is exercised sparingly in appropriate cases, like when there is no evidence at all to justify, or the finding is so perverse that no reasonable person can possibly come to such a conclusion that the court or tribunal has come to – It is axiomatic that such discretionary relief must be exercised to ensure there is no miscarriage of justice.

SUPREME COURT OF INDIA DIVISION BENCH M/S GARMENT CRAFT — Appellant Vs. PRAKASH CHAND GOEL — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ. ) Civil Appeal…

Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 – Sections 3(17) and 9(3) – Government Grants Act, 1895 – Transfer of land — Terms of the lease deed though provide for sub-lease for agricultural purposes but sub-lessees can claim no independent rights as a tenure holder – High Court rightly observed that appellants herein being sub-lessees would be tenure holder as per sub-Section 9(3) of the Ceiling Act – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH HARDEV SINGH — Appellant Vs. PRESCRIBED AUTHORITY, KASHIPUR AND ANOTHER — Respondent ( Before : S. Abdul Nazeer and Krishna Murari, JJ. ) Civil…

Cancellation of bail – Director of Prosecution in the administration of justice is crucial – He is appointed by the State Government in exercise of powers under Section 25A of the Code of Criminal Procedure – That his is a crucial role is evident from conditions such as in Section 25A (2) of the Code, which stipulates a minimum legal experience of not less than ten years for a person to be eligible to be Directorate of Prosecution and that such an appointment shall be made with the concurrence of the C J of the High Court – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH JAYABEN — Appellant Vs. TEJAS KANUBHAI ZALA AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No.…

Maharashtra Electricity Duty Act, 2016 – Section 3(2) – Levy of electricity duty on educational charitable institutions- Other than the State Government, Central Government and the local bodies and the Government hostels, no exemption from payment of electricity duty has been provided – Charitable education institutions registered under the provisions of the Societies Registration Act and/or under the Maharashtra Public Trusts Act, are not entitled to any exemption

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MAHARASHTRA — Appellant Vs. SHRI VILE PARLE KELVANI MANDAL AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna,…

Service Matters

Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules, 2015 – Rules 15(b) and 15(e) — Rule 15(b) of Recruitment Rules requires every candidate to obtain minimum 50% marks in each of the subjects and states, “candidates failing to obtain 50% marks in each of the above subjects shall not be eligible for recruitment”.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTAR PRADESH AND OTHERS — Appellant Vs. ATUL KUMAR DWIVEDI AND OTHER — Respondent ( Before : Uday Umesh Lalit and Vineet…

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