Govt Has Every Right To Cancel & Call Fresh Tender; Scope Of Judicial Review Limited : Supreme Court

The Supreme Court today (April 25) reiterated that the judicial interference in tender matters should be minimal and only permitted in cases of mala fide or blatant arbitrariness. Holding thus, the bench comprising Justices Bela M Trivedi and Prasanna B Varale set aside the Kerala High Court's decision which had interfered with the tendering process.The dispute arose after the Kerala Forest Department cancelled an e-tender (dated May 25, 2020) for tree felling works in Konni Forest Division and...

FIRs Can Continue Against Borrowers Despite Setting Aside Of Their Loans' Classification As Fraudulent : Supreme Court

The Supreme Court today held that merely because the classification of bank accounts as fraudulent was set aside on technical grounds, the criminal proceedings and FIRs initiated against the account holders for the offence of fraud cannot be quashed.Observing so, the Court restored various criminal proceedings initiated by the Banks against borrowers.The bench of Justice MM Sundresh and Justice Rajesh Bindal was hearing the appeals filed by the CBI challenging various High Courts' orders, which...

Misguiding Court To Pass An Order With No Intention To Comply Amounts To Contempt Of Court : Supreme Court

The Supreme Court held a man guilty of civil contempt after observing that he had misled the court to obtain an order that he never intended to comply with. “A party, misguiding the Court to pass an order which was never intended to be complied with, would constitute an act of overawing the due process of law and, thus, commit contempt of Court.”, the bench comprising Justices Abhay S. Oka and A.G. Masih observed. The dispute originated from a licensing agreement (2014) for a property in...

Time-Barred Service Dispute Can't Be Revived By Making A Belated Representation: Supreme Court

The Supreme Court held that a time-barred service dispute cannot be brought within the limitation period as per the Administrative Tribunals Act by filing a belated representation.When a government servant is aggrieved by a denial of a benefit, which is not based on a formal order, then a representation must be filed within a reasonable time. The cause of action to approach the Administrative Tribunal arises when an order is passed on such representation or no order is passed after the lapse of...

Supreme Court Quashes Criminal Case Against HDFC Bank Official Over Auction Sale

The Supreme Court recently quashed a criminal case against an official of the HDFC Bank, after noting that he was not the "authorised officer" when the auction sale in question was held.The criminal case, alleging the offences of cheating and forgery, was filed in Tamil Nadu over the allegation that the Bank had sold in auction a property which was previously acquired by the Tamil Nadu Housing Board.The de-facto complainant (the auction purchaser) had alleged that the Bank officials suppressed...

Invalided Soldier Presumed To Be Disabled Due To Military Service; Entitled To Disability Pension : Supreme Court

The burden is on the Army to prove that the disability was not due to military service, the Court said.

Landlord's Family's Needs Also Count As 'Bona Fide Requirement' For Tenant's Eviction : Supreme Court

The Supreme Court on Thursday (April 24) observed that the eviction is not restricted to the bona fide need of the landlord, even the landlord's family requirement would qualify as bona fide need for eviction of the tenant. “It is well settled that the bona fide requirement for occupation of the landlord has to be liberally construed and, as such, even the requirement of the family...

High Courts Should Not Repeatedly Grant Interim Bail To Same Accused; Either Grant Regular Bail Or Deny: Supreme Court

While granting bail to an accused, the Supreme Court observed that High Courts should not routinely grant interim bail to the same applicant again and again. Either the Court should grant regular bail or deny the same, but insofar as interim bail, the relief shall be granted only in specific exigencies as an exception."Though, it may be necessary in some cases to grant interim bail to take...

Disciplinary Action Can't Be Upheld When Employee Was Acquitted In Criminal Case Over Similar Evidence : Supreme Court

The Court awarded a lumpsum compensation of Rs 30 lakhs to the Appellant finding that he was wrongfully dismissed from Bihar Police Service.

Land Acquisition | Delay In Filing Appeal No Reason To Deny Land Losers Fair Compensation : Supreme Court

The Supreme Court observed that a delay in filing an appeal against a land acquisition compensation award would not be a reason to deny just, fair, and reasonable compensation to the landowners. “Delay is not a reason to deny the land losers their compensation, which is just, fair and reasonable for the land they have lost.”, the court observed. The bench comprising Justices Sanjay...

'Leave Encashment Rules Must Be Strictly Interpreted' : Supreme Court Denies Leave Encashment To Govt Servant Re-employed After Retirement

Courts must interpret leave encashment rules and statutes in a manner that prevents undue financial burden on employers.

In Suit For Cancellation Of Deed & Recovery Of Possession, Limitation Of 3 Years Applies As Cancellation Is Main Relief : Supreme Court

The Supreme Court has reiterated that where a composite suit had been filed for cancellation of the sale deed and of possession, the limitation period would have to be adjudged from the primary relief of cancellation which is 3 (three) years, and not the ancillary relief of possession which is 12 (twelve) years.Reference was made to Rajpal Singh v. Saroj (2022) 15 SCC 260, which observed :...