(981) SUSHILA Vs. RAM SWAROOP [SUPREME COURT OF INDIA] 01-05-2023 Leave granted. Heard learned counsel for the appellants as also learned counsel for the respondents and perused the appeal papers. In respect of an accident which occurred on 14/10/2012 and the death of husband/father of the claimants, the Motor Accidents Claims Tribunal (For short MACT) has awarded the compensation at Rs.10,27,500.00 with interest, through its Award dtd. 8/11/2013. The High Court has enhanced the same through its judgment dtd. 18/1/2018 to Rs.12,98,500.00 with interest @ 7.5% p India Law Library Docid # 1880145
(982) K.C. THARAKAN Vs. STATE BANK OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 01-05-2023 Service Law - Dismissal - Petitioner was dismissed from service and the matter stood closed in the year 2004 - Review petition was also dismissed - No legal system can have a scenario where a person keeps on raking up the issue again and again once it is resolved at highest level - This is complete wastage of judicial time - Writ petition is dismissed with costs of Rs.10,000/- to be deposited with the Supreme Court Advocates-on-Record Welfare Fund to be utilized for the SCBA library. India Law Library Docid # 1603258
(983) SANKET KUMAR AGARWAL AND ANOTHER Vs. APG LOGISTICS PRIVATE LIMITED [SUPREME COURT OF INDIA] 01-05-2023 National Company Law Appellate Tribunal Rules, 2016 - Rule 3 - Limitation Act 1963 - Section 12(2) - Insolvency and Bankruptcy Code, 2016 - Sections 61(2) and 62 - Appeal to Supreme Court - Condonation of delay - Order was pronounced by the NCLT on 26 August 2022 - Rule 3 of the NCLAT Rules 2016 stipulates that the date from which the period of limitation has to be reckoned (i.e., the date of the pronouncement of the order) would have to be excluded - Hence, the date on which the order was prono India Law Library Docid # 1603315
(984) S.G. VOMBATKERE Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 01-05-2023 Penal Code, 1860 (IPC) - Section 124A - Sedition -Process of re-examining the provisions of Section 124A of the Indian Penal Code 1860 and the consultations are at a substantially advanced stage - On the request of the Attorney General, This Court direct that the proceedings be posted on 8 August 2023. India Law Library Docid # 1603255
(985) UDIT GOYAL AND OTHERS Vs. HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AND ANOTHER [SUPREME COURT OF INDIA] 01-05-2023 Writ Petition - Investment of public funds as a part of the e-Courts project - Grievance of the petitioners is that the High Court of Punjab and Haryana has completely prohibited access to Hybrid hearings following the resumption of physical hearing on 28 March, 2022 - In considered view that the grievance of the petitioners shall be suitably addressed to the Chief Justice of the High Court of Punjab and Haryana on the administrative side particularly having regard to the investment of public fu India Law Library Docid # 1603256
(986) ABDUL NAZIR MAUDANY Vs. THE STATE OF KARNATAKA [SUPREME COURT OF INDIA] 01-05-2023 We have heard learned counsel appearing for the parties and have perused the reply filed by the respondent - State, detailing the escort and security which has been provided to the petitioner and taking note of what has been submitted by Mr. Kapil Sibal, learned senior counsel, into consideration, in the overall situation, no further clarification of our order is needed. India Law Library Docid # 1603243
(987) ESSEMM LOGISTICS Vs. DARCL LOGISTICS LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 01-05-2023 Civil Procedure Code, 1908 (CPC) - Order 7 Rule 11 - Carriage by Road Act, 2007 - Section 16 - Counter-claim - No notice under Section 16 of the Carriage by Road Act, 2007 was necessary for instituting any suit or legal proceedings much less counter-claim against the common carrier for recovering the loss other than the loss of or damage to the consignment and, therefore, the courts below manifestly erred in rejecting the counter-claim under Order VII Rule 11 CPC as barred by Section 16 of the C India Law Library Docid # 1603147
(988) JUDGEBIR SINGH @ JASBIR SINGH SAMRA @ JASBIR AND OTHERS Vs. NATIONAL INVESTIGATION AGENCY [SUPREME COURT OF INDIA] 01-05-2023 Criminal Procedure Code, 1973 (CrPC) - Section 167(2) - Default bail - Filing of a chargesheet is sufficient compliance with the provisions of Section 167 of the CrPC and that an accused cannot claim any indefeasible right of being released on statutory/default bail under Section 167(2) of the CrPC on the ground that cognizance has not been taken before the expiry of the statutory time period to file the chargesheet.< India Law Library Docid # 1603148
(989) GUJARAT COMPOSITE LIMITED Vs. A INFRASTRUCTURE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 01-05-2023 Arbitration and Conciliation Act, 1996 - Section 8 - Reference to arbitration - Non-existence of arbitration agreement in relation to the entire subject-matter of the suit, and when the substantive reliefs claimed in the suits fall outside the arbitration clause in the original licence agreement. India Law Library Docid # 1603149
(990) 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
(991) 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
(992) 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
(993) 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
(994) 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
(995) 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
(996) 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
(997) 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
(998) 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
(999) 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
(1000) 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