The Supreme Court held that a High Court cannot substitute a decree of mandatory injunction with monetary compensation when such relief was neither pleaded nor sought by the plaintiff. The Court emphasized adherence to Section 100 CPC and the requirement of substantial questions of law in second appeals.
Courtroom Chronicles
SUPREME COURT DECLARES RIGHT TO WALK AND FOOTPATH AS A FUNDAMENTAL RIGHT
In a landmark judgment, the Supreme Court recognized the Right to Walk on safe and demarcated footpaths as a Fundamental Right under the Constitution and directed authorities to ensure pedestrian infrastructure while awarding enhanced compensation to the victim’s family.
SUPREME COURT ON DISCIPLINARY AUTHORITY UNDER DMC ACT 1957
The Supreme Court held that after the 1993 amendment to Section 59(d) of the Delhi Municipal Corporation Act, the Commissioner became the disciplinary authority for municipal officers, and existing 1959 regulations could not override the amended statutory provision.
SUPREME COURT ON CURABLE RECRUITMENT IRREGULARITIES IN COOPERATIVE SOCIETIES
The Supreme Court held that absence of mandatory officials during the final appointment decision under Rule 3 of the Service Rules constituted a curable procedural irregularity and did not invalidate the entire recruitment process where advertisement, selection, and candidate eligibility were otherwise valid.
SUPREME COURT STRIKES DOWN MP RTI EXEMPTION FOR LOKAYUKTA SPE
The Supreme Court ruled that the Madhya Pradesh Special Police Establishment under the Lokayukta Organisation cannot claim RTI exemption under Section 24(4) because it is not an intelligence and security organisation. The Court consequently struck down the State notification granting such exemption.
SUPREME COURT REAFFIRMS BAR ON JUDICIAL INTERFERENCE IN ONGOING ELECTIONS UNDER ARTICLE 329(B)
The Supreme Court dismissed Meenakshi Natarajan’s writ petition challenging the rejection of her Rajya Sabha nomination, holding that Article 329(b) bars judicial interference in ongoing election processes and that the appropriate remedy is an election petition after completion of the election.