(1) ANJALI BHARDWAJ Vs. CPIO, SUPREME COURT OF INDIA, (RTI CELL) [SUPREME COURT OF INDIA] 09-12-2022 Right to Information - Collegium discussions shall not be in the public domain - Collegium is a multimember body whose decision embodied in the resolution that may be formally drawn up and signed - When in the subsequent Resolution dated 10.01.2019, it is specifically mentioned that in the earlier meeting held on 12.12.2018 though some decisions were taken but ultimately the consultation was not completed and concluded and therefore, the matter/agenda items was/were adjourned India Law Library Docid # 1602426
(2) LAND ACQUISITION COLLECTOR (SOUTH EAST) Vs. DHARAMVIR AND OTHERS [SUPREME COURT OF INDIA] 09-12-2022 Land Acquisition Act, 1894 - Section 4 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Relying upon the decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183 and by observing that the compensation with respect to the land in question has not been paid, the High Court has allowed the said writ petition and India Law Library Docid # 1602427
(3) DELHI DEVELOPMENT AUTHORITY Vs. DAYANAND AND OTHERS [SUPREME COURT OF INDIA] 09-12-2022 Land Acquisition Act, 1894 - Section 4 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Subsequent purchaser is not entitled to claim lapsing of the proceedings under the Act, 2013. India Law Library Docid # 1602428
(4) DELHI DEVELOPMENT AUTHORITY Vs. RAJ SINGH AND ANOTHER [SUPREME COURT OF INDIA] 09-12-2022 Land Acquisition Act, 1894 - Section 4 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - High Court has allowed the writ petition and has declared that the acquisition proceedings with respect to the land in question is deemed to have lapsed under subsection (2) of Section 24 of the Act, 2013 solely on the ground that the compensation was not actually paid to the land owners India Law Library Docid # 1602429
(5) KAMLA NETI (DEAD) THROUGH LRS. Vs. THE SPECIAL LAND ACQUISITION OFFICER AND OTHERS [SUPREME COURT OF INDIA] 09-12-2022 Hindu Succession Act, 1956 - Section 2(2) - Right of survivorship - Applicability of the provisions of the Hindu Succession Act to Scheduled Tribes - In view of Section 2(2) of Hindu Succession Act female member of the Scheduled Tribe is specifically excluded, the appellant is not entitled to any right of survivorship under the provisions of Hindu Succession Act - There may not be any justification to deny the right of survivorship so far as the female member of the Tribal is concerned India Law Library Docid # 1602430
(6) RAMCHARAN (DEAD) AND ANOTHER Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 07-12-2022 Penal Code, 1860 (IPC) - Sections 149 and 302 - Murder - Acquittal - There are nine accused - Appeal by accused nos.2 and 3 and accused no.9 - Both PW1 and PW8 tried to implicate all the nine accused by making omnibus statements - Statement recorded by the Executive Magistrate, PW1 did not disclose the names of five accused including accused No. 3 and accused No. 9 who are the appellants in these appeals India Law Library Docid # 1602431
(7) SUDESH CHHIKARA Vs. RAMTI DEVI AND ANOTHERR [SUPREME COURT OF INDIA] 06-12-2022 Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section 23 - Transfer of property to be void - Sub-section (1) of Section 23 covers all kinds of transfers as is clear from the use of the expression "by way of gift or otherwise". For attracting sub-section (1) of Section 23, the following two conditions must be fulfilled: (1) The transfer must have been made subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor India Law Library Docid # 1602423
(8) SMT. ANJALI AND OTHERS Vs. LOKENDRA RATHOD AND OTHERS [SUPREME COURT OF INDIA] 06-12-2022 Motor Vehicles Act, 1988 - Sections 166 and 168 - Death in Motor Accident - Enhancement of Compensation - Income tax return is a statutory document on which reliance may be placed to determine the annual income of the deceased - Section 168 of the MV Act deals with the concept of 'just compensation' which ought to be determined on the foundation of fairness, reasonableness and equitability. Although such determination can never be arithmetically exact or perfect, an endeavor should be made by th India Law Library Docid # 1602424
(9) NAGPUR METRO RAIL CORPORATION LIMITED Vs. ORBIT MOTELS AND INNS PRIVATE LIMITED, NAGPUR AND OTHERS [SUPREME COURT OF INDIA] 06-12-2022 Constitution of India, 1950 - Article 226 - Nagpur Metro Project - Allotment of land - Unless and until its rights are crystalised in a pending suit, a public project cannot be stalled - Allotment order and the possession handed over to the Nagpur Metro Rail Corporation Limited pursuant to the said allotment cannot be said to be per se illegal. India Law Library Docid # 1602425
(10) COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, ROHTAK Vs. MERINO PANEL PRODUCT LTD. [SUPREME COURT OF INDIA] 05-12-2022 Central Excise Act, 1944 - Section 4(1) - Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 - Rule 9 - Excise duty - Determination of value of goods - Section 4(1) of the CEA are geared toward determination of the 'value' of goods. Under Section 4(1)(a), the value of goods for the purposes of excise duty, is deemed to be the 'normal price' of the goods that are 'ordinarily sold' in the course of business, and where the price is the 'sole consideration' for the tran India Law Library Docid # 1602418
(11) KIRLOSKAR BROTHERS LIMITED Vs. RAMCHARAN AND OTHERS [SUPREME COURT OF INDIA] 05-12-2022 Contract Labour (Regulation and Abolition) Act, 1970 - Section 10 - Prohibition of employment of contract labour - Order of reinstatement - Appeal against - Where there is no abolition of contract labour under Section 10 of the CLRA Act, but the contract labour contends that the contract between the principal employer and the contractor is sham and nominal, the remedy is purely under the ID Act - Industrial adjudicator can grant the relief sought if it finds that the contract between the princip India Law Library Docid # 1602419
(12) SUKHPAL SINGH KHAIRA Vs. THE STATE OF PUNJAB [SUPREME COURT OF INDIA] 05-12-2022 Criminal Procedure Code, 1973 (CrPC) - Section 319 - Power to summoning additional accused - Whether the trial court has the power under Section 319 of CrPC for summoning additional accused when the trial with respect to other co-accused has ended and the judgment of conviction rendered on the same date before pronouncing the summoning order? - Held, power under Section 319 of CrPC is to be invoked and exercised before the pronouncement of the order of sentence where there is a judgment of convi India Law Library Docid # 1602420
(13) RATNAMBAR KAUSHIK Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 05-12-2022 Criminal Procedure Code, 1973 (CrPC) - Section 439 - Central Goods and Services Tax Act, 2017 - Section 132(1)(a), (h), (k) and (l) read with Section 132(5) - Bail - Evasion of tax - Transportation of larger quantity of unmanufactured tobacco weighing about 35,57,450 kgs. such procurement of unmanufactured tobacco is for clandestine manufacture and supply of zarda without payment of leviable duties and taxes India Law Library Docid # 1602421
(14) GOVERNMENT OF NCT OF DELHI Vs. SUBHASH JAIN AND OTHERS [SUPREME COURT OF INDIA] 02-12-2022 Land Acquisition Act, 1894 - Section 4 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - When due to pendency of the land acquisition proceedings, the possession could not be taken over, thereafter, it will not be open for the landowners to contend that as the possession was not taken over, the land acquisition proceedings be deemed to have lapsed under Section 24(2) of the Act, 2013. India Law Library Docid # 1602412
(15) LAND AND BUILDING DEPARTMENT THROUGH SECRETARY, GOVERNMENT OF NCT OF DELHI AND ANOTHER Vs. MAHIPAL SINGH AND OTHERS [SUPREME COURT OF INDIA] 02-12-2022 Land Acquisition Act, 1894 - Section 4 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings Order - Appeal against - Solely on the ground that the compensation was not tendered prior to coming into force of the Act, 2013 and relying upon the decision of this Court in the case of Pune Municipal Corporation and Anr. vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183 India Law Library Docid # 1602413
(16) STATE OF JHARKHAND AND OTHERS Vs. LINDE INDIA LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 02-12-2022 Bihar Finance Act, 1981 - Section 13(1)(b) - Entitlement to Concessional Rate - Only in a case where oxygen gas is used as "raw material", the same would be taxed at the rate of 2% of the sales tax, which otherwise is chargeable @ 3% on the sale thereof - Findings by the committee consisting of six expert members recorded in the detailed inspection report and when it has been found that the oxygen gas is used as a 'refining agent' and its main function is to reduce the carbon content as per the India Law Library Docid # 1602403
(17) CENTRAL BUREAU OF INVESTIGATION Vs. P.S. JAYAPRAKASH ETC. ETC. [SUPREME COURT OF INDIA] 02-12-2022 Criminal Procedure Code, 1973 (CrPC) - Section 438 - Penal Code, 1860 (IPC) - Sections 120B, 167, 218, 330, 323, 195, 348, 365, 477A and 506 - Cancellation of Anticipatory Bail - ISRO Spy Case - While granting anticipatory bail to the respondents-accused, the High Court has neither considered the allegations against the respective accused nor the role played by them nor the position held by them at the time of registering the FIR in the year 1994 nor the role played by them during the investigat India Law Library Docid # 1602404
(18) PRAMOD SINGH KIRAR Vs. STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 02-12-2022 Service Law - Appointment - Candidate could not have been denied the appointment solely on the ground that he was tried for the offence under Section 498A of IPC, if he was acquitted - High Court has materially erred in denying the appointment to the appellant on the post of Constable - Appeal allowed. India Law Library Docid # 1602405
(19) LAND ACQUISITION COLLECTOR (SOUTH), NEW DELHI AND ANOTHER Vs. SURESH B. KAPUR AND OTHERS [SUPREME COURT OF INDIA] 02-12-2022 Land Acquisition Act, 1894 - Section 4 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings order - Challenge - When the acquisition proceedings were the subject matter of litigation and because of that the authority could not take the possession of the lands in question and as such not taking over the possession cannot be in favour of the landowners, more particularly, when the acquisition India Law Library Docid # 1602406
(20) GOVERNMENT OF NCT OF DELHI Vs. KRISHNA SAINI AND OTHERS [SUPREME COURT OF INDIA] 02-12-2022 Land Acquisition Act, 1894 - Section 4 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings Order - Appeal against - Solely on the ground that the compensation has not been tendered and relying upon the decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183 India Law Library Docid # 1602407