The VakilNetwork Blog
Expert commentary on Indian law, case analysis, and legal guides
Para-Teachers Have No Absolute Right To Regularisation But State Must Implement Statutory 50% Quota Mechanism : Supreme Court
Para-teachers engaged under the Sarva Shiksha Abhiyan in Jharkhand sought regularisation as Assistant Teachers and pay parity with regular government teachers. The Supreme Court upheld the High Court's dismissal of their writ petitions, holding that contractual employees have no automatic right to regularisation, but directed the State to immediately implement its own statutory mechanism providing a 50% quota for para-teachers in Assistant Teacher and Sahayak Acharya recruitments.
Units Operating With Valid Consent To Establish And Consent To Operate Cannot Be Closed Merely For Want Of Prior Environmental Clearance : Supreme Court
Formaldehyde manufacturing units challenged NGT's closure order for operating without prior Environmental Clearance. The Supreme Court held that units can continue operating as they had valid Consent to Establish and Consent to Operate from Pollution Control Boards and had applied for EC. The Court applied the ratio of Pahwa Plastics and set aside the NGT orders.
Writ Jurisdiction Under Article 226 Cannot Bypass Statutory Criminal Remedies Under BNSS : Supreme Court
Two individuals challenged an FIR registered against them following a Bombay High Court order directing police to record a statement and initiate action. The Supreme Court held that the High Court should not have entertained the writ petition seeking FIR registration when statutory remedies under the Bharatiya Nagarik Suraksha Sanhita were available but not exhausted, and set aside the impugned order while quashing the FIR.
Corporate Veil Lifted When Subsidiary Companies Are Mere Fronts For Holding Company In CIRP : Supreme Court
Alpha Corp Development Private Limited and Roma Unicon Designex Consortium filed appeals challenging NCLAT's judgment that set aside their resolution plans approved by NCLT for stalled real estate projects of Earth Infrastructures Limited. The Supreme Court lifted the corporate veil holding that subsidiary companies holding leasehold lands were mere fronts for the corporate debtor, and restored the resolution plans while directing payment of GNIDA's principal dues without penal interest.
Legal Heirs Of Medically Negligent Doctor Can Be Impleaded As Legal Representatives Upon Death : Supreme Court
The wife of a patient filed a consumer complaint against Dr. P.B. Lall alleging medical negligence for performing an eye operation in 1990. After the complaint proceeded through various forums and Dr. Lall died during pendency of revision before NCDRC, his legal heirs were substituted. The Supreme Court held that upon death of the alleged medically negligent doctor, legal heirs can be impleaded and brought on record.
Tenure Curtailment Of Autonomous Body Employee Not Arbitrary When Appointment Was Until Further Orders : Supreme Court
A senior scientist appointed as Assistant Director General by ICAR challenged the curtailment of his five-year tenure, claiming protection under Article 311 and alleging retaliatory action for whistleblowing. The Supreme Court dismissed his appeals, holding that Article 311 does not apply to ICAR employees, and that the administrative action curtailing tenure was a routine exercise of assessment powers, subject only to limited judicial review.
Schools Must Admit Selected Students Without Delay Once List Forwarded By State Government Under RTE Act : Supreme Court
A student selected by the State Government for admission to a neighbourhood school under the RTE Act was refused admission by the school without valid reason. The Supreme Court upheld the High Court's order directing admission, ruling that schools cannot sit in appeal over government decisions regarding student selection and must grant admission without delay.
Gang Labourers Scheme Providing Only Temporary Employment Vitiated For Non-Compliance With Tribunal Directions For Permanent Engagement : Supreme Court
Daily-wage gang labourers engaged at ISRO's Mahendragiri Unit between 1991-1997 challenged the Gang Labourers Scheme as inconsistent with Tribunal directions for regularisation. The Supreme Court held that the respondents failed to comply with the Tribunal's directions for permanent engagement by framing a scheme providing only temporary employment, and set aside the Scheme while directing regularisation with retrospective effect.
Auction Purchaser Entitled To Refund With Interest When Land Acquisition Lapses Due To DDA's Failure To Pay Compensation : Supreme Court
Reliance Eminent Trading purchased a commercial plot from DDA through public auction in 2007 for Rs 164.91 crore. When the land acquisition was declared lapsed due to DDA's failure to pay compensation to original owners, the company filed a suit for recovery of the amount paid. The Supreme Court granted summary judgment in favor of the auction purchaser, ordering DDA to refund the entire consideration with interest.
IRP Admission Of Claim Is Administrative Function Not Acknowledgment Under Section 18 Limitation Act : Supreme Court
The secured financial creditor filed a petition under Section 7 of the IBC against the corporate debtor for recovery of loan dues. The Supreme Court held that the petition was barred by limitation as only three days remained after excluding moratorium periods, and that admission of claim by an IRP does not constitute valid acknowledgment under Section 18 of the Limitation Act.
Anticipatory Bail Maintainable When Allegations Appear Politically Motivated And Custodial Interrogation Not Essential : Supreme Court
Pawan Khera, a Congress party leader, was accused of displaying alleged forged passports and documents of the Assam Chief Minister's wife during press conferences. The Supreme Court granted him anticipatory bail, holding that the allegations appeared politically motivated and custodial interrogation was not essential since the matter primarily involved documentary evidence.
High Court Acting As Appellate Court While Exercising Supervisory Jurisdiction Under Article 227 Is Impermissible : Supreme Court
N.I.C.E. challenged a High Court order reducing land compensation from Rs. 1,000 to Rs. 500 per square foot in execution proceedings. The Supreme Court held the High Court exceeded its supervisory jurisdiction under Article 227 by substituting its own interpretation for that of the Executing Court, restoring the original valuation of Rs. 1,000 per square foot.