(981) SHILPA SAILESH Vs. VARUN SREENIVASAN [SUPREME COURT OF INDIA] 01-05-2023 Constitution of India, 1950 - Article 142(1) - Irretrievable Breakdown of Marriage - In exercise of power under Article 142(1) of the Constitution of India, has the discretion to dissolve the marriage on the ground of its irretrievable breakdown - This discretionary power is to be exercised to do 'complete justice' to the parties, wherein this Court is satisfied that the facts established show that the marriage has completely failed and there is no possibility that the parties will cohabit toget India Law Library Docid # 1603150
(982) YOGESH KUMAR THAKUR Vs. GURU GHASIDAS SAHITYA AVAM SANSKRITI ACADEMY AND OTHERS [SUPREME COURT OF INDIA] 01-05-2023 Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichere Wargon Ke Liye Aarakshan) Sanshodhan Adhiniyam, 2011 - Reservation in Jobs & Admissions - Order declaring the chhattisgarh state government's move of giving 58% reservation as 'unconstitutional' being stayed - A situation cannot be permitted where the State does not have requisite manpower to run the administration - Permit the State to go ahead with the selection process and make appointments and promotions - All a India Law Library Docid # 1603250
(983) NARGIZAKHON OTAMURADOVA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 01-05-2023 Learned Additional Solicitor General, Mr. S.V. Raju assisted by learned counsel Mr. Zoheb Hossain, who is present in the Court is also requested to take notice and to complete all his instructions in the matter. India Law Library Docid # 1603252
(984) DIRECTORATE OF ENFORCEMENT Vs. MANPREET SINGH TALWAR [SUPREME COURT OF INDIA] 01-05-2023 List the proceedings on 4 May 2023 before a bench of three-Judges. In the meantime, in the event that any other applications have been filed before any other Court on the basis of the judgment of which recall is sought, they shall be presently deferred beyond 4 May 2023. India Law Library Docid # 1603253
(985) MOHAMMAD ABDULLAH AZAM KHAN Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 01-05-2023 Let counter affidavit be filed within four weeks. We clarify that the result of the bye-election scheduled to be held in Suar Assembly Constituency on May 10, 2023 consequent to the petitioner's disqualification, shall be subject to the result of the instant Special Leave Petition. India Law Library Docid # 1603254
(986) DELHI DEVELOPMENT AUTHORITY Vs. ANITA SINGH AND OTHERS [SUPREME COURT OF INDIA] 01-05-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - It is evident that Respondent no.1 was admittedly not the recorded owner of the land at time of acquisition thereof or pronouncement of Award by the Land Acquisition Collector - Amount of compensation was deposited with the Reference Court in term of Section 30/31 of the 1894 Act as the same could not be paid to Respondent no.1 - Hence, o India Law Library Docid # 1603144
(987) T.N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 28-04-2023 Environmental Law - Mining activity in Eco-Sensitive Zone (ESZ) - Whether mining activities would be permissible beyond the distance of one kilometer from the boundary of the Protected Area, irrespective of the fact that such an area falls under the Eco-Sensitive Zone (ESZ) notified by the Ministry of Environment, Forest and Climate Change (MoEF) - Held, any activity, which is prohibited by both the guidelines as well as the ESZ notification shall strictly be prohibited. Since the mining activit India Law Library Docid # 1603257
(988) RAMISETTY VENKATANNA AND ANOTHER Vs. NASYAM JAMAL SAHEB AND OTHERS [SUPREME COURT OF INDIA] 28-04-2023 Civil Procedure Code, 1908 (CPC) - Order 7 Rule 11 - Rejection of Plaint - Plaint is ought to have been rejected being vexatious, illusory cause of action and barred by limitation and it is a clear case of clever drafting. India Law Library Docid # 1603131
(989) GOVT. OF NCT DELHI AND ANOTHER Vs. DINESH KUMAR AND ANOTHER [SUPREME COURT OF INDIA] 28-04-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - For deemed lapse under Section 24(2) of the Act, 2013, twin conditions of not taking possession and not tendering/paying the compensation are required to be satisfied - Therefore, if one of the two ingredients of Section 24(2) of the Act, 2013 is not met, there shall not be any deemed lapse of acquisition under Section 24(2) of the Act, 2 India Law Library Docid # 1603132
(990) VEENA VADINI TEACHERS TRAINING INSTITUTE (RUN BY VEENA VADINI SAMAJ KALYAN VIKASH SAMITI) Vs. STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 28-04-2023 Constitution of India, 1950 - Article 14 - Reservation - Domicile quota in B.Ed colleges - Keeping 75% of the seats reserved for the residents of Madhya Pradesh is too high a percentage, and as the figures for the last two years indicate, it is also not serving any purpose - Number of seats from the next academic year shall, therefore be fixed again for residents and non-residents, keeping the observations made by us in this order - It clear that though reservation in favour of residents is perm India Law Library Docid # 1603133
(991) P. V. NIDHISH AND OTHERS KERALA STATE WAKF BOARD AND ANOTHER [SUPREME COURT OF INDIA] 28-04-2023 Criminal Procedure Code, 1973 (CrPC) - Sections 472 and 482 - Wakf Act, 1995 - Sections 3(ee) and 52A - Quashing of criminal complaint - Expiry of leases, or other arrangements, by efflux of time or their valid terminations, in the past, cannot be construed (as broadly as suggested by the respondents) to mean that such lessees become "encroachers". Nor would past tenants whose possession is disputed, and eviction proceedings pending against them before a court, fit that description under Section India Law Library Docid # 1603134
(992) UNION OF INDIA AND OTHERS Vs. COSMO FILMS LIMITED [SUPREME COURT OF INDIA] 28-04-2023 Foreign Trade Policy of 2015-2020 - Handbook of Procedures 2015-2020 - Pre-import condition - Exemption of GST - Requirement of a 'pre-import condition' incorporated in the Foreign Trade Policy of 2015-2020 (FTP) and Handbook of Procedures 2015-2020 (HBP) to claim exemption of Integrated Goods and Services Tax (IGST) and GST Compensation Cess on inputs imported into India for manufacture of export goods, on the basis of 'Advance Authorization' is upheld. India Law Library Docid # 1603135
(993) PRAKASH AGGARWAL Vs. GANESH BENZOPLAST LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 28-04-2023 Penal Code, 1860 (IPC) - Sections 403, 406, 420 and 120-B - Dishonestly misappropriation of property - Cheating - Complainant has attempted to turn a purely contractual dispute between the parties into a criminal case - Not only that, there is an inordinate delay in lodging the complaint - Though the complainant was aware about the sale of the shares in the year 2001, it did not do anything except filing an application before the learned Arbitrator - According to the complainant, it received the India Law Library Docid # 1603113
(994) SHRI SUKHBIR SINGH BADAL Vs. BALWANT SINGH KHERA AND OTHERS [SUPREME COURT OF INDIA] 28-04-2023 Penal Code, 1860 (IPC) - Sections 420, 465, 466, 467, 468, 471 read with 120B - False document - Gurudwara Election - Quashing of summoning order - A person is said to have made a "false document", if (i) he made or executed a document claiming to be someone else or authorised by someone else; or (ii) he altered or tampered a document; or (iii) he obtained a document by practising deception, or from a person not in control of his senses - In the present case, no false document has been produced India Law Library Docid # 1603114
(995) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED AND OTHERS Vs. SRI. B. G. MANAMOHANA PRIYANKA AND OTHERS [SUPREME COURT OF INDIA] 28-04-2023 Service Law - Revision of pay scales - Post of Assistant Executive Engineer (Electrical) - Even as per D.O./order dated 02.06.2008 while sanctioning 2% hike in pay appropriate target was required to be fixed and accordingly, their sanction from the management for the said proposal was required to be obtained - From 01.04.2009, the differential amount towards 2% pay revision was required to be released after achieving the performance targets by the concerned officers and their first appraisal was India Law Library Docid # 1603115
(996) SACHIT KUMAR SINGH AND OTHERS ETC. ETC. Vs. THE STATE OF JHARKHAND AND OTHERS ETC. ETC. [SUPREME COURT OF INDIA] 28-04-2023 Service Law - Appointment to post of Sub Inspector of Police - Eligibility - SC/ST Candidates - Original writ petitioners failed to achieve the minimum qualifying marks by one or two marks only, therefore, if some marks would have been added they would be achieving the minimum qualifying marks and therefore, they would have been eligible and their cases would have been considered on merits - High Court has refused to consider the objections on merits on the ground that the objections were not ra India Law Library Docid # 1603116
(997) THE STATE OF ANDHRA PRADESH AND ANOTHER Vs. VIJAYANAGARAM CHINNA REDDAPPA [SUPREME COURT OF INDIA] 28-04-2023 The State of Andhra Pradesh has come up with the above appeal, challenging an order of the Division Bench of the High Court of Andhra Pradesh issuing a writ of Habeas Corpus directing the Superintendent of the Central Prison, Kadapa to set at liberty, a convict by name P. Reddy Bhaskar (Convict No.5357). India Law Library Docid # 1603459
(998) STATE OF RAJASTHAN AND OTHERS Vs. DR. HAMIR SINGH CHOUHAN (DEAD) BY LRS AND OTHERS [SUPREME COURT OF INDIA] 28-04-2023 Service Law - Pensionary benefits - Entitlement of Once the respondents were permanently absorbed and became an employee of the Dairy Development Corporation / Milk Federation Unions, they ceased to have the lien with the State Government and therefore, they shall not be entitled to the pensionary benefits as State Government employees and that too after having received the retirement benefits from the Dairy Development Corporation/Milk Federation Unions. India Law Library Docid # 1603122
(999) JAGDISH TRANSPORT CORPORATION AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 28-04-2023 Income Tax, Act, 1961 - Section 245D(4) - Powers and Procedure of Settelement Commission - It was not practicable for the Commission to examine the records and investigate the case for proper Settlement and even giving adequate opportunity to the applicant and the Department, as laid down in Section 245D(4) of the Act is not practicable. India Law Library Docid # 1603123
(1000) RAVIKUMAR DHANSUKHLAL MAHETA AND ANOTHER Vs. HIGH COURT OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 28-04-2023 We do not appreciate the haste and hurry in which the State has approved and passed the promotion order dated 18.04.2023, when this Court was seized with the matter and a detailed order was passed while issuing the notice. It is to be noted that the selection was of the year 2022 and therefore there was no extraordinary urgency in passing the promotion order and that too when this Court was seized of the matter. India Law Library Docid # 1603269