SC: State Liable for Accidents Involving Requisitioned Vehicles, Not Insurer
‘A requisition is not a voluntary arrangement; it is a command issued under statutory authority.’
Supreme Court
Statutory Bodies Cannot Undermine Finality of Judicial Orders; Supreme Court Declares Rent Authority’s Restoration Order Void for Exceeding Jurisdiction
“Jurisdiction especially at the level of the trial courts is a creation of specific statutes and the learned judges must be cognizant, always of the differences in the jurisdiction conferred upon them thereby.”
Absence of signature on charge curable irregularity, de novo trial not justified unless failure of justice shown: Supreme Court
The Court held that a de novo trial cannot be ordered merely on technical grounds, particularly when the trial had substantially progressed and no real miscarriage of justice is shown.
Supreme Court Flags Misuse of Article 311(2)(b): Departmental Inquiry Cannot Be Dispensed with Lightly
The Supreme Court was examining the legality of a dismissal order passed by invoking Article 311(2)(b) of the Constitution without holding a departmental inquiry.
Landowners Win as SC Resolves NHAI-Tarsem Singh Conundrum; Holds Liability Spike Not a Ground for Review of Judgment
“Once a judgement or an order passed by a court in a particular case has attained finality and is not the subject matter of further challenge before a prescribed forum, a subsequent change in the judicial interpretation would not entail a reversal of such decision inter-se the parties to that case.”
Supreme Court: Declaring gazetted/public holidays a policy matter within executive domain, not open to judicial direction
The Supreme Court declined to issue directions either to declare the birth anniversary of Guru Gobind Singh Ji as a nationwide gazetted holiday or to frame uniform guidelines for declaration of holidays.
Supreme Court: Non-Joining of Selected Candidate Doesn’t Give Vested Right to Appointment to Next Candidate in Absence of Enabling Provision
“The decision of the Government to fill the notified vacancies cannot be equated with creation of a right in favour of every candidate below the selected candidate to claim automatic substitution in the event of non-joining.”
Conversion to Christianity extinguishes SC/ST status and protection under SC/ST Act: Supreme Court
“The SC/ST Act serves as a crucial legal framework to protect the rights and dignity of Scheduled Castes and Scheduled Tribes in India, ensuring stringent measures against offences of atrocities and promoting their welfare and security.”
Diversion of preferential allotment funds, contrary to disclosed object, constitutes violation of PFUTP Regulations: Supreme Court
Emphasizing investor protection and market transparency, the Supreme Court ruled that the unlawful diversion of preferential issue proceeds could not be legitimized through subsequent shareholder ratification.
Relaxation in qualifying exam doesn’t bar reserved category candidates’ migration to open category on merit unless expressly prohibited: Supreme Court
“TET only enables the reserved category candidates to participate in the main examination i.e. TAIT. No relaxation or concession has been granted to reserved category candidates in the main examination and their merit has been evaluated at par with general category candidates.”
Land earmarked for development under statutory Master Plan can’t be declared ‘deemed forest’ on later vegetation growth: Supreme Court
“The concept commonly termed as “deemed forest” has evolved during the proceedings arising out of this case, reflecting the understanding that ecological protection cannot be restricted merely to areas that have undergone formal statutory notification.”
Supreme Court upholds interim relief in JAMP-Jubilant pharmaceutical product dossiers dispute
In the present case, Jubilant Generics alleged Jamp Pharma Canada of misusing its confidential pharmaceutical dossiers. Jubilant claims these were wrongly shared with Indian companies, leading to copyright and trade secret violations.
Section 319 CrPC | Court not to conduct mini-trial; strong and cogent evidence sufficient to summon additional accused: Supreme Court
“The law consistently balances caution against undue summoning with the need to ensure that potentially implicated individuals are brought to trial when the record, taken as a whole, reasonably supports it.”
Interest earned on deposit by itself doesn’t establish a ‘commercial purpose’ under Consumer Protection Act: Supreme Court
Consumer complaint not maintainable where dispute involves alleged fraudulent pledge of fixed deposit and requires determination of complex facts beyond summary consumer proceedings.
Supreme Court| Confirmed auction sale open to Judicial Scrutiny; Revaluation permissible to ensure fair price fetched in recovery proceedings
“The requirement that the recovery process be fair, transparent and based on a proper assessment of value must co-exist with the principle of finality governing confirmed sales.”
SC Balances Equity: Medical Degrees Allowed Despite Invalid Tribe Certificates; ₹10 Lakh Compensation Ordered
“Appellants secured admission based on tribe certificates, which have since been cancelled, is not in doubt. Nonetheless, sight cannot be lost that their tribe certificates were invalidated after they had graduated.”
No automatic Multi-State status after State Bifurcation: Supreme Court explains scope of Section 103 of Multi-State Cooperative Societies Act
The Supreme Court held that the deeming fiction under Section 103 of the Multi-State Cooperative Societies Act, 2002 does not operate automatically merely because a cooperative society’s area temporarily extends across two States following reorganisation.
Creamy layer status of OBC candidates can’t be decided on parental salary alone: Supreme Court
“The exclusion of the creamy layer among the backward classes is not a matter of mere policy preference but a constitutional imperative intended to ensure that the benefits of reservation reach those who are socially and educationally backward in the true sense of the phrase.”
Supreme Court strikes down Section 3(b) of J&K Civil Services Act insofar it excludes employees appointed on “Academic Arrangement Basis” from regularisation
“The State, as a model employer, cannot adopt artificial classifications to deny statutory benefits. Repackaging contractual engagements under a different nomenclature, while denying regularization, violates the equality mandate under Articles 14 and 16 of the Constitution.”
Know Thy Judge | Supreme Court of India: Justice Augustine George Masih’s Dedicated Journey and Key Decisions
Justice Augustine George Masih served as a Judge of Punjab and Haryana High Court, and as a Chief Justice of Rajasthan High Court before being appointed as the Judge of the Supreme Court of India on 9 November 2023.