Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Order in OA No. 592/2023 (Mehraj-ud-Din and Ors) - Benefits Release The courts, including the Madras High Court and CAT benches, have consistently directed respondents to release retiral, pension, and other benefits to applicants in OA No. 592/2023, emphasizing compliance with applicable rules and referencing the order dated 27.09.2023/2024. Even if excess pay is drawn, recovery is barred by law, notably the Supreme Court's ruling in State of Punjab vs. Rafiq Masih (2015) ["Masooda Akhter vs Uts Jammu And Kashmir - Central Administrative Tribunal"], ["Ram Phool vs Municipal Corporation Of Delhi - 2025 Supreme(Online)(CAT) 6442"], ["Abdul Razaq Lone vs D/o Jal Shakti Ut Of Jammu & Kashmir - Central Administrative Tribunal"], ["Ghulam Mohammad Khoja vs D/o Jal Shakti Ut Of Jammu & Kashmir - Central Administrative Tribunal"].Analysis: The repeated directions to release benefits and the emphasis on the law against recovery of excess payments highlight judicial support for beneficiaries' entitlements despite administrative discrepancies.Conclusion: The courts uphold that benefits must be released promptly, and excess payments cannot be recovered if it contravenes Supreme Court directives.
Judicial Consistency and Law on Excess Payments Multiple judgments reaffirm that even if applicants have drawn excess pay, recovery is impermissible under the law, citing Rafiq Masih (2015) SCC 334 ["Masooda Akhter vs Uts Jammu And Kashmir - Central Administrative Tribunal"], ["Ram Phool vs Municipal Corporation Of Delhi - 2025 Supreme(Online)(CAT) 6442"].Analysis: This establishes a legal safeguard protecting employees' rights against arbitrary recoveries, reinforcing the principle that benefits should be disbursed without undue deduction, aligning with constitutional and statutory protections.Conclusion: The legal stance favors beneficiaries, preventing recovery of excess payments unless explicitly sanctioned by law.
Other Relevant Cases and Orders The Supreme Court and High Courts have issued directions on various issues, including premature release of prisoners, civil disputes, and contempt proceedings, but these are not directly related to OA No. 592/2023. However, some judgments reinforce adherence to procedural rules and lawful benefit disbursal ["MOHAMMAD AMIN S/O MOHAMMAD USMAN Vs. THE STATE OF RAJASTHAN - Rajasthan"], ["JAGDISH CHAUDHARY vs THE ORIENTAL BANK OF COMMERCE AND ANR - Punjab and Haryana"].Analysis: These cases underscore the judiciary's broader commitment to lawful procedures, which indirectly supports the principles applied in OA No. 592/2023.Conclusion: The overarching judicial approach favors lawful, rule-based decisions, especially regarding employee benefits and legal remedies.
Main Points Summary:- Courts have directed the release of retiral and pension benefits in OA No. 592/2023, emphasizing compliance with rules and legal protections.- Even if excess pay is drawn, recovery is prohibited by the Supreme Court’s ruling in Rafiq Masih (2015).- The judiciary consistently supports beneficiaries' rights to benefits and opposes arbitrary recoveries, reinforcing rule of law in administrative benefit cases.
References:["MANJULA vs THE SECRETARY TO GOVERNMENT - Madras"], ["Masooda Akhter vs Uts Jammu And Kashmir - Central Administrative Tribunal"], ["Ram Phool vs Municipal Corporation Of Delhi - 2025 Supreme(Online)(CAT) 6442"], ["Abdul Razaq Lone vs D/o Jal Shakti Ut Of Jammu & Kashmir - Central Administrative Tribunal"], ["Ghulam Mohammad Khoja vs D/o Jal Shakti Ut Of Jammu & Kashmir - Central Administrative Tribunal"], ["MOHAMMAD AMIN S/O MOHAMMAD USMAN Vs. THE STATE OF RAJASTHAN - Rajasthan"], ["JAGDISH CHAUDHARY vs THE ORIENTAL BANK OF COMMERCE AND ANR - Punjab and Haryana"]
In the Indian judicial system, delays in case disposal often undermine public confidence and the very purpose of justice. One landmark decision addressing this critical issue is the 2023 Supreme (Raj) 592 judgment, which highlights the Supreme Court's authority to intervene against procedural abuses, particularly in execution proceedings. This ruling, stemming from concerns over prolonged litigation tactics, serves as a reminder of the judiciary's commitment to expeditious justice. But what exactly does 2023 Supreme (Raj) 592 entail? Let's dive into its implications, holdings, and broader context.
The judgment in question, detailed in Vice President, Somaiya Trust vs Pradnya d/o Gopalrao Giradkar - 2025 0 Supreme(Bom) 1179, arises from appeals concerning delays in execution proceedings under Order XXI of the Code of Civil Procedure (CPC). The Supreme Court expressed deep concern over procedural delays that allow parties to manipulate the system, harassing decree holders and defeating the ends of justice. As noted, this is a recent Supreme Court judgment (2023) dated 30.10.2023, emphasizing issues of abuses and procedural delays in civil litigation. Vice President, Somaiya Trust vs Pradnya d/o Gopalrao Giradkar - 2025 0 Supreme(Bom) 1179
The case underscores how tactics like frivolous applications and adjournments prolong execution, turning a remedy into a protracted ordeal. The Court condemned such practices, stating its resolve to prevent the abuse of process. This aligns with the timeline where the specific reference 2023 Supreme (Raj) 592 correlates directly with this document, focusing on the Court's intervention to ensure swift justice. Vice President, Somaiya Trust vs Pradnya d/o Gopalrao Giradkar - 2025 0 Supreme(Bom) 1179
The ruling reinforces several foundational principles:
Inherent Powers under Article 142: The Supreme Court, empowered by Article 142 of the Constitution to do complete justice, can quash proceedings or intervene where delays amount to abuse. The Court recognizes its inherent power under Article 142 to do complete justice, including quashing proceedings or addressing procedural delays that amount to abuse. N. E. Horo VS Leander Tiru - 1989 0 Supreme(SC) 442
Preventing Abuse of Process: Delays in execution are not mere technicalities but tools to evade obligations. The judgment highlights the Court's role in curbing such manipulations, especially under Order XXI CPC. Vice President, Somaiya Trust vs Pradnya d/o Gopalrao Giradkar - 2025 0 Supreme(Bom) 1179
Judicial Efficiency: Echoing precedents, it stresses timely disposal to maintain public faith. This is linked to broader jurisprudence on speedier trials, as seen in discussions on time limits for criminal trials referencing Raj Deo Sharma v. State of Bihar (1998). State of Rajasthan VS Kanhaiya Lal - 2019 4 Supreme 295
In summary, the main legal finding is: The 2023 Supreme Court decision (2023 INSC 958) underscores the Court’s inherent power under Article 142 to prevent abuse of process and to ensure expeditious justice, including quashing proceedings or addressing delays that amount to procedural abuse. Vice President, Somaiya Trust vs Pradnya d/o Gopalrao Giradkar - 2025 0 Supreme(Bom) 1179
Under Articles 129 and 142, the Supreme Court acts as a guardian against systemic flaws. The judgment explicitly states that the Supreme Court, as a court of record under Article 129 and empowered by Article 142, has the inherent authority to intervene in proceedings to do complete justice. N. E. Horo VS Leander Tiru - 1989 0 Supreme(SC) 442 This includes suo motu actions in cases of assault on judicial officers or police misconduct, extending to civil delays. N. E. Horo VS Leander Tiru - 1989 0 Supreme(SC) 442
Execution proceedings often face hurdles like objections and stays, leading to years of limbo. The Court in Vice President, Somaiya Trust vs Pradnya d/o Gopalrao Giradkar - 2025 0 Supreme(Bom) 1179 noted: delays in execution proceedings under Order XXI CPC, highlighting issues of abuses and procedural delays in civil litigation. It urged vigilance against tactics that harass decree holders, aligning with calls for comprehensive adjudication on merits, not technicalities. Basant Kumar Jain VS Chief Executive Officer, M. I. D. C. & others - 2004 0 Supreme(Bom) 1006
This decision builds on prior rulings:- Protections under Article 20(3) and contempt powers. Delhi Judicial Service Association, Tis Hazari Court, Delhi: A. K. Srivastava: N. L. Patel: Bhushan B. Oza: Gujarat Judicial Service Association: Bar Council Of Gujarat, Ahmedabad: Complaint Received From Delhi Judicial Service Association, Tis Hazari, De VS State Of Gujarat: Union Of India: State Of Gujarat: Union Of India: State Of Gujarat: State Of Gujarat: State Of Gujarat: State Of Gujarat: S. R. Sharma, Police Inspector Nadiad: State Of Gujarat - 1991 0 Supreme(SC) 466- Limits on jurisdiction in water disputes post-tribunal. Ashwanikumardhingra VS State Of Punjab - 1992 0 Supreme(SC) 217- Juvenile claims and NDPS interpretations, showing a pattern of efficiency focus. VIJAY SINGH VS STATE OF DELHI - 2012 6 Supreme 330Hira Singh VS Union of India - 2017 5 Supreme 341
The Court emphasized: The decision reflects the Court’s stance on ensuring judicial efficiency and protecting the rights of litigants against procedural delays and abuse, aligning with previous jurisprudence on expeditious justice. Vice President, Somaiya Trust vs Pradnya d/o Gopalrao Giradkar - 2025 0 Supreme(Bom) 1179
While 2023 Supreme (Raj) 592 centers on civil execution, similar themes appear in other judgments. For instance, in administrative matters like OA No. 592/2023 (Mehraj-ud-Din and Ors Vs. UT), recovery of excess payments from superannuated employees was barred absent fraud, directing timely release of benefits within 8 weeks—echoing expeditious justice. Ghulam Rasool Lone vs UT of J&K through Principal/Secretary to Government, PW(R&B) Department, J&K Civil Secretariat, Jammu/Srinagar - 2025 Supreme(Online)(CAT) 7018
In motor accident claims, courts stressed just compensation without undue delays, considering pecuniary and non-pecuniary losses to restore pre-accident positions. HDFC ERGO General Insurance Company Ltd. vs Ramprasad Meena S/o. Shri Chhitar Singh - 2025 Supreme(Raj) 1495 Likewise, promotion withholdings due to pending cases were quashed where no charge-sheet existed, mandating sealed cover openings per guidelines. Kuldeep Khatri vs State of Rajasthan - 2025 Supreme(Raj) 1370
Criminal contexts reinforce proof burdens: Acquittals in POCSO cases for unproven victim age Vinod Nat, S/o Shri Ishwar Nat vs State of Chhattisgarh Through Police Station- Kawardha - 2025 Supreme(Chh) 53, or quashing FIRs under Section 306 IPC absent instigation evidence. Samundra Singh vs State - 2025 Supreme(Raj) 367 These illustrate the judiciary's intolerance for procedural lapses or unsubstantiated delays across domains.
Even in consensual relationship cases turning contentious, courts distinguish breach of promise from deception, avoiding abuse via false claims. Biswanath Murmu VS State of West Bengal
Article 142's power is extraordinary and exercised judiciously—not to retry merits or override substantive rights. The Court’s power under Article 142 is extraordinary and must be exercised judiciously. It cannot be used to interfere with substantive rights or to substitute for appellate review. Vice President, Somaiya Trust vs Pradnya d/o Gopalrao Giradkar - 2025 0 Supreme(Bom) 1179
Recommendations include:- Vigilance against delaying tactics by courts and litigants.- Prompt use of inherent powers to uphold justice integrity.- Early intervention when abuse is suspected. Vice President, Somaiya Trust vs Pradnya d/o Gopalrao Giradkar - 2025 0 Supreme(Bom) 1179
The 2023 Supreme (Raj) 592 judgment is a clarion call for judicial efficiency, empowering the Supreme Court to combat delays and abuse under Article 142. It protects genuine litigants while deterring manipulators, fostering trust in the system.
Key Takeaways:- Supreme Court can quash abusive proceedings for complete justice. Vice President, Somaiya Trust vs Pradnya d/o Gopalrao Giradkar - 2025 0 Supreme(Bom) 1179- Delays in execution undermine justice and invite intervention.- Principles apply broadly, from civil to administrative matters.
Note: This analysis provides general insights based on reported judgments and is not specific legal advice. Consult a qualified lawyer for your situation. References include Vice President, Somaiya Trust vs Pradnya d/o Gopalrao Giradkar - 2025 0 Supreme(Bom) 1179, N. E. Horo VS Leander Tiru - 1989 0 Supreme(SC) 442, State of Rajasthan VS Kanhaiya Lal - 2019 4 Supreme 295, Basant Kumar Jain VS Chief Executive Officer, M. I. D. C. & others - 2004 0 Supreme(Bom) 1006, Ghulam Rasool Lone vs UT of J&K through Principal/Secretary to Government, PW(R&B) Department, J&K Civil Secretariat, Jammu/Srinagar - 2025 Supreme(Online)(CAT) 7018, and others cited.
#SupremeCourtIndia, #Article142, #ExecutionDelays
H.C.P.No.592 of 2023 To THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.592 of 2023 Manjula .. ... H.C.P.No.592 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.08.2023 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and Page Nos.2/5 https://www.mhc.tn.gov.in/judis H.C.P.No.592 of 2023 and R.SAKTHIVEL, J., gpa H.C.P.No.592 of 2023 07.08.2023 Page....
Perusal of the record reveals that this Court has passed the order in OA No. 592/2023, titled “Mehraj-ud-Din and Ors Vs. ... In view of the limited prayer made by the learned Counsel for the applicants, the respondents are directed to release the retiral/pensionery benefits, in accordance with rules, especially in light of the order dated 27.09.2023, passed in OA No. 592/2023, titled Mehraj-ud-Din and Ors ... /2023 titled Mehraj-ud-Din and Ors Vs. ... He has further submitted that this....
, passed in OA No. 592/2023, titled Mehraj-ud-Din and Ors Vs. ... Perusal of the record reveals that this Court has passed the order in OA No. 592/2023, titled Mehraj-ud-Din and Ors Vs. ... /2023 titled Mehraj-ud-Din and Ors Vs. ... No.1284/2021 titled Parveen Singh and Ors Vs UT (with clubbed 39 matters vide order dated: 18.09.2024 by Division Bench of CAT Jammu, O.A.No.117/2024 titled Ghulam Ahmad Malla VS UT dated: 12.02.2025 by Single Bench of CAT Srinagar, Ο.Α.No.592/202....
(IB) 1202/MB/2017 CORAM SHRI ANIL RAJ CHELLAN SHRI K. R. ... Yash More in IA 1754/2023 : Adv. Shreyansh Desai in IA 592/2022 : Adv. Pulkit Awasthi in IA 1201 of 2022 For Liquidator : Adv. Mihir Modi For Respondent : Adv. Shreyansh Desai in IA 611/2021 : Adv. Tripti Sharma for R. ... Yash More in IA 1814/2023 IBC Under Sections 10, 60 (5), 42 ORDER IA 611/2021, IA 921/2020, IA 592/2022, IA 864/2022, IA 1201/2022, Company ... Appeal 24/2022, Company Appeal 26/2022, IA 534/2023, IA 18....
CRR No.592 of 2015 (O&M) -1- 2023:PHHC:148869 IN THE HIGH COURT OF PUNJAB AND HARYANA ... CRR No.592 of 2015 (O&M) Date of Decision:08.11.2023 Jagdish Chaudhary for respondent No.1. Mr. IPS Sabharwal, DAG, Punjab. ... PANKAJ KUMAR 2023.11.24 10:40 I attest to the accuracy and authenticity of this document CRR No.592 of 2015 (O&M) PANKAJ KUMAR 2023.11.24 10:40 I attest to the accuracy and authe....
, passed by this Tribunal, in OA No. 592/2023, titled Mehraj- ud-Din and Ors Vs. ... Perusal of the record reveals that this Court has passed the order in OA No. 592/2023, titled Mehraj-ud-Din and Ors Vs. ... /2023 titled Mehraj-ud-Din and Ors Vs. ... He has further submitted that this Tribunal in the similarly situated matters bearing OA No. 592/2023, titled “Mehraj-ud-Din and ors VS UT of J&K & ors” decided on 27.09.2024, and OA No. 117/2024, titled “ Ghulam Ahmad M....
Additionally, this Tribunal, in similarly situated cases OA No. 592/2023, titled Mehraj-ud-Din and Ors. vs. ... /2023, Mehraj-ud-Din and Ors. vs. ... Perusal of the record reveals that this Court has passed the order in OA No. 592/2023, titled Mehraj-ud-Din and Devendra D Di Ng :it a Cl =ly I Nsi ,g One =d P eb ry s oD ne av le , n Td =r 5a 4 T 4r 8ip , a Ot Ih Di .2.5.4.65= 1335902360675164369yr67OOaFf4FUU, Phone ... In view of the limited prayer made by the Learned counsel for the applicants, the re....
, passed in OA No. 592/2023, titled Mehraj-ud-Din and Ors Vs. ... Perusal of the record reveals that this Court has passed the order in OA No. 592/2023, titled Mehraj-ud-Din and Ors Vs. ... /2023 titled Mehraj-ud-Din and Ors Vs. ... No.1284/2021 titled Parveen Singh and Ors Vs UT (with clubbed 39 matters vide order dated: 18.09.2024 by Division Bench of CAT Jammu, O.A.No.117/2024 titled Ghulam Ahmad Malla VS UT dated: 12.02.2025 by Single Bench of CAT Srinagar, Ο.Α.No.592/202....
, passed in OA No. 592/2023, titled Mehraj-ud-Din and Ors Vs. ... Perusal of the record reveals that this Court has passed the order in OA No. 592/2023, titled Mehraj-ud-Din and Ors Vs. ... /2023 titled Mehraj-ud-Din and Ors Vs. ... No.1284/2021 titled Parveen Singh and Ors Vs UT (with clubbed 39 matters vide order dated: 18.09.2024 by Division Bench of CAT Jammu, O.A.No.117/2024 titled Ghulam Ahmad Malla VS UT dated: 12.02.2025 by Single Bench of CAT Srinagar, Ο.Α.No.592/20....
reported in [[2023] 12 SCR 505]. 6. ... Criminal Writ Petition No. 818/2023 Mohammed Shamsuddin S/o Late Mohd. Rukumuddin, Aged About 53 Years, R/o No. 6-639, Rangeen Masjid, Mominura, Gulbarga, Karnataka, (Petitioner is Presently Confined In Central Jail, Jaipur (Raj.) ... Criminal Writ Petition No. 666/2023 1. Asfaq Khan S/o Abdul Aziz, Resident Of Nagori Mohalla, Lalsot Marg, Near Ramkaran Joshi School, Dausa, Rajasthan. (Presently Confined In Central Jail, Jaipur (Raj.) ... In the judgment delivere....
kZ; dks vikLr fd;s tkus dh izkFkZuk dh x;hA vius rdksZa ds leFkZu esa fo}ku vf/koDrk vihykaV chek dEiuh }kjk U;k;ky; dk /;ku fuEu U;kf;d n`"Vkarksa dh vksj vkdf"kZr fd;k x;k %& ● HDFC Ergo General Insurance Company Ltd. Vs. Guddi W/o Late Rambhajan, reported in (2023) 0 Supreme (Raj.)418 ● Rajender Vs. Om Prakash & Ors. reported in MACD 2007 (1) (Raj.) 361 ● Shriram General Insurance Company Ltd. Vs. Akeela Bano & Ors., reported in 2023 (1) CCR 266 (Raj.)
06.2008 gains significance and the respondents are under an obligation to act in accordance with Clause 12 by opening the sealed cover containing the result of the consideration of the petitioner for promotion to the post of Assistant Administrative Officer.To support his submissions, learned counsel for the petitioner has relied upon the judgment rendered by this Court in S.B. Civil Writ Petition No. 18074/2018, Sandeep Kumar Berar vs. State of Rajasthan & Ors.decided on 31.03. V. Jankiraman,(1991) 4 SCC 109. He, therefore, prays that the writ petition may be allowed and the respondents may....
-12) who did not find any external or internal injuries over the body of the prosecutrix. Therefore, the prosecution has utterly failed to prove its case beyond reasonable doubt against the appellant. It is also clear that conduct and statement of the prosecutrix is not reliable. Therefore, the impugned judgment and conviction are liable to be set aside. To buttress his submission, he has placed reliance on the judgment dated 18.07. 2023 passed by Hon’ble Supreme Court in the matter of P. Yuvaprakash Vs. State Rep. by Inspector of Police in Criminal Appeal No. 1898 of 2023 and this....
65/2020 registered at Police Station Ramdeora, District Jaisalmer for offence under Sections 306 IPC and Sections 3(1)(g), 3(1)(r) & 3(1)(y) of SC/ST (Prevention of Atrocities) Act may be quashed. Learned counsel placed reliance on judgment of Hon’ble Apex Court in the case of Mahendra Awase Vs. State of M.P. reported in 2025 0 SC 117 , Prakash & Ors Vs. State of Maharashtra (SLP Crl. No. 1073/2023) decided on 20.12. 2024 , Mangal Singh Vs. State of Rajasthan reported in 2025 Supreme (Online) (Raj) 1644 . 5. I have thoughtfully considered the arguments advanced on behalf of....
“23. Thus, there is a clear distinction between rape and consensual sex. The court, in such cases, must very carefully examine whether the complainant had actually wanted to marry the victim or had mala fide motives and had made a false promise to this effect only to satisfy his lust, as the latter falls within the ambit of cheating or deception. There is also a distinction between mere breach of a promise and not fulfilling a false promise. If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to ra....
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