Criminal Procedure – Discharge Application – Orders framing charges or refusing discharge are neither interlocutory nor final in nature and thus not affected by the bar of Section 397(2) CrPC. The trial court must not act as a mere post office when considering a discharge application and should sift through the evidence to determine whether there are sufficient grounds to try the suspe...
Constitution of India – Media Reporting on Judicial Proceedings – The Supreme Court of India ruled that freedom of speech and expression extends to reporting the proceedings of judicial institutions. This includes the right of the media to comment on and write about ongoing litigation, subject to certain limitations to ensure justice is not derailed. The Court emphasized that oral rema...
Reservation Policy – Vertical vs. Horizontal Reservation – Articles 14 and 16 – Petitioners challenged the conversion of Ex-Servicemen reservation from vertical to horizontal and its subdivision among reserved categories – Court held that horizontal reservation, whether overall or compartmentalized, is valid – Conversion aims at equitable distribution and is not arbit...
University Affiliation and Expansion – Prohibited Activities – Section 10 of Haryana Private Universities Act, 2006 – University set up under the Act cannot affiliate colleges, open offshore campuses, or offer distance education – Petitioners sought to expand activities beyond Haryana using changed sponsoring body – Court held such expansion prohibited under Section 1...
Ad-valorem Court Fee – Suit for Recovery – Clever Drafting – Order VII Rule 11 CPC – Petitioner's suit styled as one for mandatory injunction and permanent injunction under Specific Relief Act – Claimed recovery of Rs. 6,35,00,000/- for articles allegedly taken by the defendant – Court held that suit is for recovery of money, thus ad-valorem court fee payabl...
School Fees Regulation – Autonomy of Private Schools – Constitutional Validity – Appeals challenging the validity of the Rajasthan Schools (Regulation of Fee) Act 2016 and Rules 2017 dismissed – Supreme Court upheld High Court's ruling that the provisions are intra vires the Constitution – Court emphasized that while private schools have autonomy to fix fees, this...
Land Acquisition – Specific Performance – Compensation – The appellant executed an agreement to sell land to the respondent, which was later acquired by the state. The courts below granted specific performance. The High Court modified this to grant compensation awarded under the Land Acquisition Act, with deductions for expenses incurred by the original landowner. The Supreme Cou...
Electricity Supply – Contract Load Reduction – The respondent, a small-scale industry, requested a reduction in its sanctioned electricity load from 4000 KVA to 1325 KVA due to issues such as frequent trippings and load shedding. The Jharkhand State Electricity Board (JSEB) rejected the request, citing an agreement clause preventing load reduction within three years of a fresh agreemen...
Land Acquisition – Specific Performance – Compensation – The appellant executed an agreement to sell land to the respondent, which was later acquired by the state. The courts below granted specific performance. The High Court modified this to grant compensation awarded under the Land Acquisition Act, with deductions for expenses incurred by the original landowner. The Supreme Cou...
Service Law – Termination – Back Wages – The respondent was appointed to a post based on a merit list, but due to an administrative error, another candidate (Respondent No. 2) did not receive the appointment letter and later contested her exclusion. The tribunal ordered the appointment of Respondent No. 2 and termination of Respondent No. 1, which was upheld by the Supreme Court....