Insights
In a significant intervention touching upon property rights and equality in land acquisition, the Supreme Court of India has expressed serious concern over the structural inequities in the compensation mechanism under the National Highways Act, 1956.
In a significant judgment reinforcing the federal balance under the Constitution, the Supreme Court of India has held that States cannot prescribe additional or higher qualifications for public posts when the field is already occupied by Union law. The ruling arose from challenges to State-imposed qualifications for the post of Drug Inspector, which went beyond those prescribed under Central legislation.
In a significant ruling on the interpretation of insurance contracts, the Supreme Court of India has clarified that once damage is caused by fire, the origin or trigger of that fire is immaterial, provided the fire was not caused deliberately or wilfully by the insured. The judgment reinforces long-standing principles of insurance law particularly the strict construction of exclusion clauses and the rule that ambiguities must be resolved in favour of the insured.
In a significant reaffirmation of settled criminal law principles on 15th January, the Supreme Court in State of Himachal Pradesh v. Chaman Lal held that absence of motive is not fatal to the prosecution when there exists clear, cogent, and credible direct evidence, particularly in the form of a dying declaration. The Court restored the conviction of the accused-husband for the murder of his wife, setting aside the Himachal Pradesh High Court’s judgment of acquittal.
In a significant constitutional development in India’s anti-corruption jurisprudence, Justice B. V. Nagarathna of the Supreme Court delivered a powerful dissenting opinion striking down Section 17A of the Prevention of Corruption Act, 1988. She held that the provision requiring prior government approval before initiating any inquiry or investigation against a public servant for acts done in discharge of official duties is unconstitutional.
In a landmark judgment reinforcing the transformative vision of the Right to Education Act, 2009 (RTE Act), the Supreme Court of India has issued comprehensive directions to ensure the effective implementation of Section 12(1)(c), which mandates that private unaided schools reserve 25% of their seats for children belonging to Economically Weaker Sections (EWS) and Disadvantaged Groups (DG).
In a significant ruling clarifying the legal distinction between regular public employment and contractual engagement through intermediaries, the Supreme Court of India has held that workers hired through third-party contractors cannot claim equal status or employment benefits at par with regular government employees.
In a significant ruling with wide-ranging implications for industries using heavy machinery, the Supreme Court of India has recently held that Heavy Earth Moving Machinery (HEMM) such as Excavators, Dumpers, Loaders, Dozers, Surface Miners, and Rock Breakers, when used exclusively within the factories or enclosed industrial premises, do not qualify as “motor vehicles” under the Motor Vehicles Act, 1988. Consequently, such machinery is not liable to road tax.
