The VakilNetwork Blog
Expert commentary on Indian law, case analysis, and legal guides
Selection Committee Cannot Arbitrarily Deny Regular Appointment To Fully Qualified Candidate Who Applied For Regular Post : Supreme Court
Lokendra Kumar Tiwari applied for a regular Assistant Professor post at IIIT Allahabad, was shortlisted and interviewed through the regular selection process, but was arbitrarily appointed on a contractual basis while other equally qualified candidates received regular appointments. The Supreme Court held this differential treatment to be illegal and unconstitutional, directing the Institute to grant him a regular appointment.
Defaulting Medical College Must Bear Financial Liability For Transferred Students Under Unjust Enrichment Principles : Supreme Court
Students transferred from Sardar Rajas Medical College to other private medical colleges sought relief from fee liability. The Supreme Court held that the defaulting Selvam Trust must bear primary financial liability for the education costs, while transferred students cannot claim unjust enrichment by paying only government-rate fees when they had initially contracted to pay higher private college fees.
Conviction Cannot Be Sustained When Prosecution Evidence Is Riddled With Contradictions And Core Facts Remain Unproved : Supreme Court
Talari Naresh was convicted by lower courts for murder under IPC and offences under SC/ST Act for allegedly beating Shiva Shankar to death with a stone. The Supreme Court acquitted him, finding the prosecution evidence riddled with contradictions, hostile witnesses undermining the core story, unexplained discrepancies in medical evidence, and no independent witnesses despite the incident occurring on a busy public road.
Arbitrator Cannot Determine Market Value Under NH Act Using Single Sale Deed Of Dissimilar Land Type : Supreme Court
The National Highways Authority of India challenged an arbitral award enhancing compensation for land acquisition, arguing the Arbitrator incorrectly used a single residential land sale deed to value industrial land. The Supreme Court reversed the decisions of the High Court and Arbitrator, holding that Section 26(1) of the 2013 Land Acquisition Act mandates determining market value based on similar type land sales following the prescribed statutory methodology.
Senior Advocate Convicted For Criminal Contempt For Calling High Court A Gambling Den Entitled To Suspension Of Sentence Upon Apology : Supreme Court
Yatin Narendra Oza, Senior Advocate and President of GHCAA, was convicted of criminal contempt for making scurrilous remarks against the Gujarat High Court during a live press conference in June 2020, calling it a gambling den. The Supreme Court upheld the conviction but suspended the sentence indefinitely upon his unconditional apology.
Invoking Insolvency Proceedings As Coercive Recovery Mechanism When Dispute Is Contractual In Nature Is Impermissible : Supreme Court
Dhanlaxmi Bank Limited filed an appeal challenging NCLAT's order that set aside NCLT's admission of insolvency petition against Emerald Mineral Exim Pvt. Ltd. The Supreme Court dismissed the appeal, holding that where the transaction involves significant builder obligations and the dispute is predominantly contractual involving property transfer, invocation of IBC as a recovery mechanism is impermissible.
Plaint Cannot Be Rejected Under Order VII Rule 11 CPC If It Discloses A Triable Cause Of Action : Supreme Court
Widow and children of a deceased filed a civil suit claiming ownership of agricultural properties based on a Will executed in their favour. The trial court rejected the plaint under the Benami Act, but the High Court restored the suit. The Supreme Court upheld the High Court order, holding that the plaint disclosed a cause of action based on testamentary succession and the issue of whether the transaction was benami required full trial.
Mere Presence At Crime Scene Without Prior Meeting Of Minds Insufficient To Attract Section 34 IPC : Supreme Court
Sanjay Singh was convicted of murder under Section 302 read with Section 34 IPC for an incident in 1999 where the deceased succumbed to firearm injuries. The Supreme Court found the prosecution failed to establish any prior meeting of minds between the appellant and principal accused, substituting the conviction to Section 307 IPC and reducing the sentence to time already served.
Court Must Exercise Equitable Discretion Before Rescinding Specific Performance Decree For Delayed Payment : Supreme Court
The decree-holder sued for specific performance of an agreement to sell 3.75 acres of land and obtained a decree directing payment of Rs. 57,50,000 within one month. After multiple procedural delays and the judgment-debtor's appeal, the amount was deposited in court. The Supreme Court allowed the appeal, holding that neither the Execution Court nor the High Court properly exercised their discretionary powers under Section 28 of the Specific Relief Act.
Indian Railways Is Not A Deemed Distribution Licensee And Must Pay Cross-Subsidy Surcharge : Supreme Court
The Indian Railways challenged APTEL's ruling that it is not a deemed distribution licensee under the Electricity Act and must pay Cross-Subsidy Surcharge for availing open access. The Supreme Court dismissed the appeals and upheld APTEL's judgment, holding that Railways is a consumer of electricity and not a distribution licensee.
Concurrent Findings Of Guilt In Disciplinary Proceedings Cannot Be Disturbed By Reappreciating Evidence : Supreme Court
The State of Jharkhand challenged the reinstatement of Ranjan Kumar, a constable dismissed for securing simultaneous appointment in Bihar Police under a false identity while serving in Jharkhand. The Supreme Court restored the dismissal order, holding that the Division Bench erred in reappreciating evidence in departmental proceedings where concurrent findings of guilt were recorded by disciplinary, appellate and revisional authorities.
Mere Non-Production Of Examination Records By Employer Does Not Entitle Candidates To Appointment : Supreme Court
Bidhan Chandra Chowdhury and others challenged the recruitment process for Plant Attendant posts at Durgapur Steel Plant, claiming the employer failed to disclose examination marks and destroyed records. The Supreme Court reversed the Tribunal's order directing appointment, held that mere non-production of records does not warrant adverse inference, and awarded Rs. 5 lakhs as compensation instead.