The Vohra Law Office Blog
Expert commentary on Indian law, case analysis, and legal guides
Balance Between Accused Right To Travel Abroad And Right To Speedy Trial Must Be Struck By Sessions Court : Supreme Court
The father of the appellant died under suspicious circumstances in 2014, leading to registration of FIR against respondent no.2 for offences under Sections 120-B and 306 IPC. The Supreme Court set aside the High Court order permitting the accused to travel to the USA and restored the Magistrate's order, ruling that while the accused need not compulsorily deposit his passport, he cannot leave India without express permission from the Sessions Court.
Exclusion Of Married Daughter From Compassionate Allotment Of Fair Price Shop Fails Reasonable Classification Test : Supreme Court
Kulsum Nisha, a married daughter, sought compassionate appointment as a fair price shop dealer after her mother's death. The authorities rejected her application solely because she was married, citing the definition of family that excluded married daughters. The Supreme Court struck down this exclusion as unconstitutional, holding that marital status has no rational nexus to dependency or welfare eligibility, and directed the authorities to issue the allotment order within four weeks.
Court Permission For Minor's Property Alienation Must Be Based On Evident Advantage Rather Than Parental Consent : Supreme Court
Shephali Chakraborty, mother and natural guardian of minor Basab Chakraborty, sought permission under Section 8 of the Hindu Minority and Guardianship Act to dispose of the minor's inherited property share through a development agreement. The Supreme Court allowed the appeal, holding that when a proposed transaction serves the evident advantage of the minor, court permission cannot be withheld merely because the identity of co-owners remains unspecified.
Mandatory Twin Conditions Under Section 37 NDPS Act Must Be Satisfied Before Granting Bail In Commercial Quantity Cases : Supreme Court
The State of Punjab challenged the High Court's order granting regular bail to Balraj Singh @ Billa, accused under NDPS Act for commercial quantity of heroin (1.465 kg). The Supreme Court set aside the bail order holding that the High Court failed to consider the mandatory twin conditions under Section 37 of the NDPS Act before granting bail.
Section 34 Limitation Commences From Disposal Of Section 33 Request Irrespective Of Maintainability : Supreme Court
The National Highway Authority of India challenged a High Court order that dismissed its Section 34 applications as time-barred. The Supreme Court held that once a request under Section 33 of the Arbitration Act is filed and entertained by the Arbitral Tribunal, the limitation period for filing Section 34 applications commences from the date of disposal of such request, regardless of whether the Section 33 application was ultimately allowed or dismissed.
Temporary Status Casual Labourers Entitled To Pensionary Benefits Even Without Formal Regularisation : Supreme Court
Bhikhani Devi and other widows and retired casual labourers filed claims for pensionary benefits under the CCS (Pension) Rules, 1972 after being denied benefits by the Union of India. The Supreme Court held that temporary status casual labourers who complete three years of continuous service are entitled to pensionary benefits on superannuation even without formal regularisation.
Arbitration Award Passed Without Court Order During Pendency Of Suit Cannot Be Enforced As Compromise Without Post-Award Consent Of All Parties : Supreme Court
The plaintiffs filed a suit seeking possession and mesne profits of a property purchased through court auction, claiming the defendants had forcefully occupied portions of it. The Supreme Court allowed the appeal, holding that the arbitral award passed without obtaining Court order under Section 21 of the Arbitration Act, 1940 during pendency of the suit, and without post-award consent of all parties as required under the proviso to Section 47, was legally unenforceable against them.
Arbitral Tribunal's Plausible Interpretation Of Contractual Terms Cannot Be Substituted By Courts Under Section 34 : Supreme Court
Madhya Pradesh Road Development Corporation challenged an arbitral award favoring Jabalpur Corridor Pvt. Ltd. in a BOT road project dispute. The Supreme Court dismissed the appeal, holding that the arbitral tribunal's interpretation of termination payment clauses was plausible and three concurrent findings warranted deference.
State Must Ensure Immediate Release Upon Court Order Without Administrative Delay : Supreme Court
A convict who had served over three years of a four-year sentence sought permanent parole after being denied regular parole. When the High Court ordered his release on parole, the State delayed implementation for 24 days while considering whether to challenge the order. The Supreme Court held this constituted illegal detention and awarded Rs.11 lakhs compensation for violation of Article 21.
Succession To Private Properties Of Erstwhile Ruler Devolves Under Personal Law And Not By Rule Of Primogeniture : Supreme Court
Two branches of the Kapurthala royal family disputed ownership of properties declared private by Maharaja Jagatjit Singh after the 1948 merger agreement. The Supreme Court held that while succession to the Gaddi remains governed by primogeniture, private properties declared by the ruler devolve according to Hindu personal law and not by primogeniture. The appeal was partly allowed with partition decreed accordingly.
Prosecution Must Establish Complete Chain Of Incriminating Circumstances Beyond Reasonable Doubt In Purely Circumstantial Evidence Cases : Supreme Court
Two men were convicted of murder and rape by lower courts based on circumstantial evidence. The Supreme Court acquitted them holding the prosecution failed to establish complete chain of incriminating circumstances beyond reasonable doubt and the identification process and recoveries were highly doubtful.
Criminal Prosecution Under Section 138 NI Act Not Barred By Personal Insolvency Moratorium Under IBC : Supreme Court
Dineshchand Surana, former Managing Director of Surana Power Ltd., challenged Section 138 NI Act proceedings filed by UCO Bank for cheque dishonour, claiming protection under personal insolvency moratorium under IBC. The Supreme Court held that criminal prosecution under Section 138 is not barred by moratorium provisions under Part III of IBC as the criminal aspect remains distinct from compensatory recovery.