Judicial Developments under the MSMED Act: A Quarterly Digest (January-March 2025)
by Milind Sharma*, Abhisaar Bairagi** and Ausaf Ayyub***
Supreme Court
Can promotion be denied based on adverse confidential reports which were never conveyed to the employee, depriving of opportunity to representation? SC answers
The Commandant with Border Security Force (BSF) was denied promotion to the post of Deputy Inspector General from the date his juniors were promoted.
Section 197(1) CrPC available only to public servants whose appointing authority is Central or State Government; Deputation does not dissolve public servant status: SC reiterates
In the matter at hand, the accused was an Executive Engineer, Municipal Corporation, Chandigarh, and caused wrongful loss in excess of Rs. 13.66 crore to the Government exchequer by changing the terms and conditions of the Detailed Notice Inviting Tender.
SC directs release of YouTuber Ranveer Allahbadia’s passport, considering the completion of investigation in India’s Got Latent controversy
Earlier, the Court stayed his arrest in two FIRs registered in Maharashtra and Assam, subject to his cooperation in the investigation, while barring him from doing any further shows.
Supreme Court pulls up Government of Haryana for non-compliance in manual scavenging compensation case; Orders Chief Secretary’s Personal Presence
“It appears that the State of Haryana has not paid any attention to our order dated 3-1-2025 nor has looked into the representation filed by the petitioner”
Supreme Court invokes Article 142 to dissolve marriage on grounds of irretrievable breakdown; Grants wife visitation rights with daughter
“In the interest of justice, equity, and the welfare of the child, we deem it appropriate to grant visitation rights to the wife so that she may gradually rebuild a bond with her daughter.”
Know Thy Judge | Supreme Court of India: Justice K. Vinod Chandran
Formerly a Judge of Kerala High Court and Chief Justice of Patna High Court, Justice K. Vinod Chandran was appointed as Judge of Supreme Court in January 2025.
Supreme Court upholds acquittal of man accused of burning wife and three daughters alive in 17 year old case
“When an appeal against conviction is preferred before the High Court, at the earliest stage, the High Court must examine whether there is a proper statement of the accused recorded under Section 313 of CrPC (Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023).”
Supreme Court invokes Article 142 to restore original sentence and order release after convict serves excess term in POCSO case
The original judgment of the Special Court convicted and imposed a sentence of rigorous imprisonment for seven years on the convict. However, the convict had already undergone eleven years of actual sentence.
Mere mention of certain psychotropic substances under Drugs & Cosmetics regime would not take them away from the purview of NDPS Act: SC
The Court further held that in order to meet the ends of justice and with a view to ensure that public interest is safeguarded and to give effect to the salutary object behind the enactment of the NDPS Act, the decision in Union of India v. Sanjeev V. Deshpande (2014) 13 SCC 1, must be given retrospective application.
Are Ex-Military Nursing Service officers considered “ex-servicemen” for State reservation and employment? Supreme Court answers
“Effective resettlement of ex-servicemen is necessary to keep the morale of the serving members of the defence forces. If the resettlement of veterans is neglected, the talented youth of the nation may not be motivated to join armed forces.”
Supreme Court upholds consumers’ right to peaceful protest; Quashes defamation complaint filed by developer against homebuyers
“Homebuyers and developers have not always been the best of friends. Instances are innumerable where the two have been at daggers drawn. This case presents one such instance”
Supreme Court resolves complexities of Section 15(2) of the Copyright Act with a two-pronged approach for design protection
In the present case, the Supreme Court examined the vagaries of IP law and the intrinsic synergy that exists between two independent legislations, namely the Designs Act and the Copyright Act.
‘Eligibility criteria declared by fresh advertisement cannot be changed midway through recruitment process’; Supreme Court upholds reservation of DSP post for SC Sports (Women)
“Once it is accepted that the DSP post in question was reserved for ‘SC Sports (Women)’ as per advertisement, the appellant must be accepted as the only person qualified in her category who could be appointed. This is because she is the only SC woman candidate who successfully cleared all the tests for the post of DSP.”
‘Allegations are not against IPS officer but against person impersonating as IPS officer’; SC sets aside HC’s order transferring investigation to CBI
The High Courts should direct for CBI investigation only in cases where material prima facie discloses something calling for an investigation by CBI and it should not be done in a routine manner or on the basis of some vague allegations. The “ifs” and “buts” without any definite conclusion are not sufficient to put an agency like CBI into motion.
“Consensual relationships, where possibility of marriage may exist, cannot be given a colour of false pretext to marry after fall out”; SC quashes rape case against former judge
“The incident is of the year 2014 and any further litigation, will only prolong the suffering of both the parties, who are living their own separate lives”
Read why Supreme Court upheld DHFL’s resolution plan by Piramal Capital and set aside NCLAT’s order
“There is a clear distinction between the Avoidance Applications that may be filed by the Resolution Professional in view of Section 25(2)(j), for avoidance of transactions in accordance with Chapter III of the IBC, and the applications that may be filed in respect of the fraudulent trading or wrongful trading under Section 66, which falls under Chapter VI of the IBC.”
High Courts’ Territorial Jurisdiction under Articles 226 and 227 Over Orders Passed by Appellate Tribunals: A Need for Course Correction
by Hiresh Choudhary* and Surbhi Sharma**
‘Not enough material to upset Trial Court’s acquittal order, especially when there was no evidence regarding death being result of homicide’; SC sets aside husband’s conviction under S. 302 IPC
The High Court unfortunately reversed the acquittal without anything other than a finding on alibi having not been proved and the accused not having offered any explanation regarding the death of the deceased, which occurred while they were living together.