50 Landmark Judgments on Education Law by the Supreme Court and High Courts in 2022 Part II
by Siddharth R. Gupta† and Aditya Raj Gupta††
Cite as: 2023 SCC OnLine Blog Exp 25
Supreme Court
Explained| Inter-State transfer of suit, appeal or other proceedings: Supreme Court’s power under Section 25 CPC versus Common High Courts’ power under Section 24 CPC
The Supreme Court settled the issue relating to the scope and ambit of Section 24 vis-à-vis section 25 of the CPC that arose in view of the peculiar circumstances relating to transfer of a suit wherein two States share a common High Court as provided under Article 231 of the Constitution of India.
Protection of Wild/Captive Elephants| Supreme Court empowers High-Powered Committee constituted by Tripura High Court; extends jurisdiction to PAN India
Supreme Court empowered the High-Powered Committee constituted by Tripura High Court with jurisdiction across India for advancement of the cause of welfare, care and rehabilitation of elephants and other wild animals.
Review application cannot be used as an Appeal in disguise, reiterates Supreme Court
“An erroneous order may be subjected to appeal before the higher forum but cannot be a subject matter of review under Order 47 Rule 1 CPC”, stated the Supreme Court
Explained| Why Supreme Court dismissed MSEDCL’s appeal against compensation to Adani Power and GMR Warora Energy due to ‘Change in Law’?
The Supreme Court upheld the judgement passed by the APTEL after observing that the generating companies were entitled to compensation so as to restore them to the same economic position, if the Change in Law had not occurred.
A Closer Look at Key Supreme Court Cases from February
Watch the roundup of all the important Supreme Court judgments and stories from the month of February.
Compensatory Taxes are Dead: Long Live Compensatory Taxes
by Tarun Jain†
Cite as: 2023 SCC OnLine Blog Exp 20
Supreme Court emphasises on Appellate Courts’ limited scope in remanding back the matter for a de novo trial
The remand in the present case could only be correlated with Rule 23-A of Order XLI CPC and for its applicability, the necessary requirements were that “the decree is reversed in appeal and a re-trial is considered necessary”, thus, the Supreme Court held that the remand in the present case was not justified.
Land Acquisition| In public purpose schemes, Authority should be given the time allotted to it by the Statute for doing certain things: Supreme Court
Supreme Court held that Madhya Pradesh High Court was not justified in quashing the entire Scheme providing for other connected land use, on the ground that the same has lapsed under Section 54 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973.
Desirable if High Courts maintain a hands-off approach and not quash FIRs in corruption cases at the stage of investigation: Supreme Court
Supreme court said that if criminal prosecution is based upon adequate evidence and the same is otherwise justifiable, it does not become vitiated on account of significant political overtones and mala fide motives
The Exemplary Eleven: Stories of the Remarkable Women Judges of the Supreme Court
There is no better day than International Women’s Day, to celebrate and cherish 11 formidable women, who have graced the halls of the Supreme Court as Judges and have paved the way for many women to dream to reach the top!
Supreme Court affirms the order of the Bombay High Court supporting lawyers with 10 years’ experience to be considered for Consumer Commission appointment
“In absence of transparency in the matter of appointments of President and Members and in absence of any criteria on merits the undeserving and unqualified persons may get appointment which may frustrate the object and purpose of the Consumer Protection Act”, observed the Bench.
“Upon receipt of three show cause notices, allottee showed no urgency in taking steps to set up the industrial unit”, Supreme Court upholds NCDRC order
Supreme Court directed HSIDC to refund the sum of ₹ 1,66,425/- with interest at 6% p.a. from 18-09-1998 till date to the allottee.
Trial in a Dowry Death case prompts Supreme Court to reiterate guidelines for exercising powers under Section 319 of CrPC
The Supreme Court directed the Trial Court to follow the guidelines extensively iterated by the Constitution Bench in the case of Sukhpal Singh Khaira for summoning the appellant as an additional accused.
Thanos’ Infinite Gauntlet Given an Endgame Treatment – Jurisdiction of the NCLT under Section 60(5) as interpreted by the Apex Court
by Akaant Kumar Mittal†
Cite as: 2023 SCC OnLine Blog Exp 23
Mass Religious Conversion case: Supreme Court stays arrest of SHUATS Vice chancellor and Director
Supreme Court has put a stay on the arrest of VC of Sam Higginbottom University of Agriculture, Technology and Sciences Dr. Rajendra Bihari Lal and Institute’s Director Vinod Bihari Lal in connection with a mass religious conversion case.
‘Uncommunicated grade’ cannot be relied upon for promotion; Supreme Court directs Departmental Promotion Committee to consider the case afresh
The Supreme Court set aside the DCP proceedings held in the year 2021 denying the promotion to the petitioner for the post of Assistant Registrar.
Whether a constable can be reinstated in the Police force on his acquittal in the criminal case? Supreme Court answers
Supreme Court reiterates that mere acquittal does not entitle an employee to reinstatement in service. The acquittal must be honourable.
Supreme Court grants anticipatory bail to accused without imposing any condition of deposit of revenue loss
Supreme Court said that there is no reason to deviate from the view taken in the previous decisions of this Court, thus granted anticipatory bail to the accused without imposing any condition as suggested by Additional Solicitor General
An Independent Election Commission of India as envisioned by Supreme Court’s Constitution Bench: Breakdown of the 378-pages long verdict
The Supreme Court has directed that the Chief Election Commissioner and Election Commissioners shall appointed by the President on the advice of the Committee of the Prime Minister of India, the leader of opposition in Lok Sabha and the Chief Justice of India. This will curtail the devastating effect of continuing to leave appointments in sole hands of the Executive on Fundamental Rights and values.