Foreign Trade – Additional Licence – The Supreme Court upheld the denial of an additional licence to the appellant for exporting processed iron ore during the period April 1990 to March 1991 under the Exim Policy 1990-93. The Court held that merely because some other exporters were wrongly granted the benefit, the appellant could not claim the same. Negative discrimination to perpetuat...
Constitutional Law – Article 226 – Re-evaluation of Answer Scripts – The Supreme Court disapproved the practice of High Courts ordering re-evaluation of answer scripts in the absence of specific provisions in the relevant rules. The High Court, exercising powers under Article 226, is not justified in calling for the records and directing re-evaluation without such provisions. The...
Criminal Law – Dishonestly Receiving Stolen Property – Appeal – Conviction under Section 411 IPC requires proof that the accused had knowledge or reason to believe that the property was stolen – Supreme Court found that the prosecution failed to establish that the appellant had such knowledge – Conviction based solely on the possession of stolen goods and selling them...
Property Law – Interest on Outstanding Dues – Noida and Greater Noida Authorities – Supreme Court revisited orders directing reduced interest rates on outstanding dues for all projects other than Amrapali – Original orders (10.06.2020, 19.08.2020, and 25.08.2020) provided relief of reduced interest rates at 8% per annum – High Court ruled these orders lacked jurisdict...
Public Interest Litigation – Maintainability – High Court erred in entertaining PILs without verifying credentials and adherence to procedural rules – PILs alleged corruption by Chief Minister without prima facie evidence – Non-disclosure of previous similar petition dismissed with costs – Violation of Rules 4, 4-A, 4-B, and 5 of Jharkhand High Court (Public Interest ...
Succession Law – Faridkot Royal Family Property Dispute – Appellants and respondents contested the succession to the estate of Raja Harinder Singh – Main issues included the applicability of the Raja of Faridkot's Estate Act, the Rule of Primogeniture, and the validity of the Third Will dated June 01, 1982 – Supreme Court upheld the High Court's judgment, ruling tha...
Property Tax – Capital Value System – Amendments to MMC Act, 1888 – High Court upheld amendments but struck down Rules 20, 21, and 22 of 2010 and 2015 Capital Value Rules – Supreme Court reinstated these rules, holding them intra vires the MMC Act – Emphasized legislative competence and rational basis for amendments aimed at modernizing property tax assessment –...
Motor Accident – Serious Injuries – Compensation Enhancement – Appellant sustained severe injuries resulting in 68% permanent disability (assessed by High Court as 100%) – Tribunal awarded compensation under various heads, including Rs. 50,000/- for pain and suffering – High Court enhanced compensation for future economic loss, considering claimant's income at Rs....
Disciplinary Proceedings – Sexual Harassment Allegations – Teacher-Student Relationship – Application of Principles of Natural Justice
The case involved disciplinary proceedings initiated against the appellant, a teacher, concerning sexual harassment allegations raised by a female student. The Court examined the application of principles of natural justice in conducting the i...
Reservation Law – Constitutionality – 103rd Constitution Amendment – Introduced 10% reservation for EWS in education and public employment – Petitioners argued it violated basic structure by excluding socially and educationally backward classes and exceeding the 50% reservation cap – Supreme Court upheld the amendment – Held, economic criteria for reservation do...