The Vohra Law Office Blog
Expert commentary on Indian law, case analysis, and legal guides
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.
Father-in-law Cannot Be Convicted Under Section 498A IPC Without Specific Evidence Of His Involvement In Dowry Cruelty: Supreme Court
The brother of a deceased woman challenged the acquittal of her husband and in-laws from murder charges. The father-in-law appealed his cruelty conviction. The Supreme Court upheld the acquittal from murder and set aside the father-in-law's Section 498A IPC conviction, finding no specific evidence linking him to dowry demands or cruelty.
Supreme Court Cannot Create Or Expand Criminal Offences In Absence Of Legislative Action : Supreme Court
Petitioners sought directions to the Union of India to enact legislation on hate speech and rumour-mongering based on Law Commission recommendations. The Supreme Court held that the existing substantive criminal law already adequately addresses hate speech through Sections 153A, 153B, 295A and 505 IPC, and the court cannot create or expand criminal offences in the absence of legislative action.