Search Judgments

Prevention of Corruption Act, 1988 – Section 17A (as amended in 2018) ; The Constitution of India Articles 14 and 21 – This judgment addresses the constitutional validity of Section 17A of the Prevention of Corruption Act, 1988, which requires prior approval for investigating offenses by public servants related to their official duties. The petitioner argued that it violates Articles 14 and 21 of the Constitution and is a reintroduction of provisions struck down in previous cases (Vineet Narain and Subramanian Swamy). The respondent contended that the section is necessary to protect honest public servants from harassment and policy paralysis. The court examined the legislative history, previous judgments, and the Standard Operating Procedure (SOP) for granting approval.

Right of Children to Free and Compulsory Education Act, 2009 – Section 12 – The judgment addresses the critical issue of implementing Section 12 of the Right of Children to Free and Compulsory Education Act, 2009, which mandates that neighborhood schools admit 25% of their class strength from weaker and disadvantaged sections of society.

The court emphasizes that this provision is essential for transforming the social structure and securing equality. It acknowledges the challenges in implementing the mandate effectively, including digital illiteracy, language barriers, lack of information, and transparency in the admission process.

The judgment highlights the constitutional values behind Section 12, emphasizing the importance of creating a common school system where children from all backgrounds learn together.

Transfer of Property Act, 1882 – Section 52; Specific Relief Act, 1963 – Section 19; Code of Civil Procedure, 1908 – Section 47, Order XXI Rules 35, 97-103 – This case involves a dispute over the execution of a decree for specific performance of a contract for the sale of land. The original plaintiff (Respondent 1) obtained a decree against the defendant (Respondent 2) in 1990, directing the defendant to execute a sale deed. During the pendency of the suit, the defendant transferred portions of the land to various individuals, including predecessors of the Appellants. The Appellants, as subsequent purchasers, obstructed the execution of the decree.

The Specific Relief Act, 1963 Section 41(h) – This case involves a dispute over land ownership and access rights. The plaintiffs, partners in Vaishali Builders, claimed ownership of a land parcel purchased in 1992. They filed a suit for a mandatory injunction to remove a boundary wall constructed by the defendant, Bharat Heavy Electricals Limited (BHEL), which obstructed their access to a public road.

The trial court and first appellate court decreed the suit in favor of the plaintiffs, holding that they had established their title and possession, and that BHEL’s wall unlawfully obstructed their access.

Indian Penal Code, 1860 (IPC) – Section 302; Indian Evidence Act, 1872 – Section 32(1); Code of Criminal Procedure, 1973 (Cr.P.C) – Section 313 – This case involves an appeal by the State of Himachal Pradesh against a High Court judgment that acquitted the respondent, Chaman Lal, of the charge of murder under Section 302 of the IPC. The respondent was accused of pouring kerosene on his wife, Saro Devi, and setting her on fire, which led to her death. The trial court convicted him based on the dying declaration of the deceased.

The prosecution’s case hinged on the dying declaration recorded by the Tehsildar, which stated that the respondent had set her on fire after calling her names.

Andhra Pradesh Stamp Act, 1922 – Article 47A, Schedule I-A – This case concerns the interpretation of Explanation I to Article 47A of Schedule I-A of the Andhra Pradesh Stamp Act, 1922, regarding whether an agreement to sell should be treated as a conveyance deed for stamp duty purposes. The appellant, a tenant for 50 years, entered into an agreement to purchase the property from the respondent-landlady. A dispute arose when the appellant sought to admit the agreement as evidence in a specific performance suit, but the respondent objected, claiming it was insufficiently stamped as a conveyance deed.

The Trial Court directed the appellant to pay stamp duty and penalty, which the High Court upheld, relying on precedents that linked possession to the agreement.

Insolvency and Bankruptcy Code, 2016 (IBC) – Section 7 and Section 5(8)(f) – This judgment addresses appeals against an order by the National Company Law Appellate Tribunal (NCLAT) that initiated the Corporate Insolvency Resolution Process (CIRP) against Takshashila Heights India Private Limited, and rejected an intervention application by Elegna Co-operative Housing and Commercial Society Ltd.

The case originated from a loan default by Takshashila Heights to ECL Finance Ltd (later assigned to Edelweiss Asset Reconstruction Company Ltd. EARCL). Despite a restructuring agreement, defaults continued, leading EARCL to file a Section 7 petition under the IBC.

Constitution of India – Article 14, 16 and 335 ; Right to Information Act, 2005 – Appeals against a judgment by the Kerala High Court regarding the selection process for Junior Assistant (Fire Service) positions at the Airport Authority of India (AAI) based on Advertisement No. 01/SR/2013. The High Court directed AAI to appoint the first respondent, Sham Krishna, and to properly implement reservation policies according to the Department of Personnel and Training (DoPT) Office Memorandum of 1997.

The AAI had advertised 245 posts with reservations for OBC, SC, and ST categories.

Indian Penal Code, 1860 (IPC) – Sections 302, 120-B, 201, 506 read with Section 34 – The case revolves around the alleged murder of Martandgouda, who went missing on 11.12.2011. A complaint was filed, and suspicions arose against several individuals, leading to charges of conspiracy, abduction, murder, and disposal of evidence. The Trial Court acquitted all accused due to a lack of an unbroken chain of circumstances proving guilt. The High Court overturned the acquittal, convicting accused nos.

Acts Mentioned:

Constitution of India – Article 142
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
The Rehabilitation Council of India Act, 1992
The National Trust Act, 1999
The Rights of Persons with Disabilities Act, 2016
The Mental Healthcare Act, 2017
The Transgender Persons (Protection of Rights) Act, 2019

This judgment addresses the alarming rise in student suicides in Higher Educational Institutions (HEIs) across India. The court had previously mandated FIR registration in such cases and acknowledged the moral and legal duty of institutions to report suicides. Recognizing the urgency, the court constituted a National Task Force (NTF) to identify causes, analyze frameworks, and recommend preventive measures.

The NTF’s interim report highlights the “iceberg of student distress,” revealing that suicides are just the tip, with underlying issues like structural inequalities, academic pressure, ragging, and inadequate mental health support.