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(101) OMKAR SINHA AND ANOTHER Vs. SAHADAT KHAN AND OTHERS [SUPREME COURT OF INDIA] 29-04-2022
Respondent No. 1 was appointed as a Forest Guard on 03.05.1980. He completed his training as Forest Guard in the year 1987. Appellant No. 1 came to be appointed as Forest Guard on 15.11.2007. The second appellant was also appointed as Forest Guard on the same day. The appellants were originally part of undivided State of Madhya Pradesh.

(102) BHARAT SANCHAR NIGAM LIMITED AND ANOTHER Vs. SANDEEP CHOUDHARY AND OTHERS [SUPREME COURT OF INDIA] 28-04-2022
Service Law - Appointment in general category - Two reserved category candidates having more marks than the general category candidates appointed, were entitled to the appointment in the general category and the seats reserved for OBC category were required to be filled in from and amongst the remaining candidates belonging to the OBC category - However, at the same time in exercise of the powers under Article 142 of the Constitution of India, it is observed and directed that on reshuffling, the

(103) UNION OF INDIA AND OTHERS Vs. MUKESH KUMAR MEENA [SUPREME COURT OF INDIA] 28-04-2022
Service Law - Promotion in general category - Benefit of the grace marks was not to allow the reserved category candidate to switch over to general category - Only in a case where any candidate belonging to any category is marginally failing to pass the examination, he is/was to be allowed the grace marks so as to allow him to obtain the minimum passing marks required and that too by allowing upto five grace marks.

(104) MAHANAGAR TELEPHONE NIGAM LTD. (EAST-I) Vs. THE ASSISTANT COMMISSIONER BIHANMUMBAI MAHANAGARPALIKA AND OTHERS [SUPREME COURT OF INDIA] 28-04-2022
that this Hon'ble court may issue writ of certiorari or any other order, or direction writ, in the nature of writ of certiorari under Article 226 of the Constitution of India, for quashing and setting aside the said impugned Notices dated 27.9.2006 and 01.03.2008 issued by the Respondents under Section 299 and 488 of the Mumbai Municipal Corporation Act, 1888

(105) OIL AND NATURAL GAS CORPORATION LIMITED Vs. M/S DISCOVERY ENTERPRISES PRTIVATE LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 27-04-2022
Group of companies doctrine - A non-signatory may be bound by the operation of the group of companies doctrine as well as by the operation of the principles of assignment, agency and succession - A party, which is not a signatory to a contract containing an arbitration clause, may be bound by the agreement to arbitrate if it is an alter ego of a party which executed the agreement.

(106) RAJASTHAN FINANCIAL CORPORATION JAIPUR AND OTHERS Vs. M/S JAIN BANDHU SNEH RESORTS PRIVATE LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 27-04-2022
Auction proceedings - Sale in favour of the Auction Purchaser could not have been set aside only on the ground that the escalation of the prices in property was considered.

(107) RANBIR SINGH Vs. SK ROY, CHAIRMAN, LIFE INSURANCE CORP. OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 27-04-2022
Constitution of India, 1950 - Articles 14 and 16 - Service Law - Regularization - As a public employer, the recruitment process of the corporation must meet the constitutional standard of a fair and open process - LIC as a statutory corporation is bound by the mandate of Articles 14 and 16 of the Constitution - Allowing for back-door entries into service is an anathema to public service - A public employer such as LIC cannot be directed to carry out a mass absorption of over 11,000 workers on su

(108) ANAND MURTI Vs. SONI INFRATECH PRIVATE LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 27-04-2022
Insolvency and Bankruptcy Code, 2016 - Sections 7 and 12A - Real estate project - There is every possibility that if the CIRP is permitted, the cost that the home-buyers will have to pay, would be much higher, inasmuch as the offer made by the resolution applicants could be after taking into consideration the price of escalation, etc. As against this, the Promoter has filed a specific undertaking specifying therein that the cost of the flat would not be escalated and that he would honour the BBA

(109) RAMJHAN GANI PALANI Vs. NATIONAL INVESTIGATING AGENCY AND ANOTHER [SUPREME COURT OF INDIA] 27-04-2022
Penal Code, 1860 (IPC) - Sections 120-B, 121-A and 122 - Unlawful Activities (Prevention) Act, 1967 - Sections 17, 18, 18-B and 20 - Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Sections 2, 8, 16, 17, 18, 23, 24, 29 and 32(B)(e) - Bail - Organized smuggling of narcotic drugs, for sale in India and for generating funds meant for promoting terrorist activities, which is a serious offence and a valid ground for denying him the relief of bail - Appeal dismissed.

(110) NEW DELHI MUNICIPAL COUNCIL Vs. MINOSHA INDIA LIMITED [SUPREME COURT OF INDIA] 27-04-2022
Insolvency and Bankruptcy Code, 2016 - Section 60(6) - Moratorium - Exclusion of time - Section 60(6) of the IBC does contemplate exclusion of the entire period during which the moratorium was in force in respect of corporate debtor in regard to a proceeding as contemplated therein at the hands of the corporate debtor.

(111) ASSET RECONSTRUCTION CO. (INDIA) LIMITED Vs. CHIEF CONTROLLING REVENUE AUTHORITY [SUPREME COURT OF INDIA] 26-04-2022
Gujarat Stamp Act, 1958 - Section 9(a), Articles 20(a) and 45(f) - Once a single instrument has been charged under a correct charging provision of the Statute, namely Article 20(a), the Revenue cannot split the instrument into two, because of the reduction in the stamp duty facilitated by a notification of the Government issued under Section 9(a) - In other words after having accepted the deed of assignment as an instrument chargeable to duty as a conveyance under Article 20(a) and after having

(112) KALYANI (DEAD) THROUGH LRS. AND OTHERS Vs. THE SULTHAN BATHERY MUNICIPALITY AND OTHERS [SUPREME COURT OF INDIA] 26-04-2022
Constitution of India, 1950 - Article 300-A - Public purpose is a precondition for deprivation of a person from his property under Article 300-A and the right to claim compensation is also inbuilt in that article and when a person is deprived of his property the State has to be justify both the grounds which may depend on scheme of the statute, legislative policy, object and purpose of the legislature and other related factors - Construction/widening of road no doubt would be a public purpose bu

(113) AKHILESH PRASAD Vs. JHARKHAND PUBLIC SERVICE COMMISSION AND OTHERS [SUPREME COURT OF INDIA] 26-04-2022
Constitution of India, 1950 - Articles 14, 15(1), 341 and 342 - Promotion - SC/ST Category - It was submitted on behalf of the appellant that the limited competitive examination could not be construed to be a fresh appointment; rather it was a case of promotion to the higher post and as such the appellant who was already in the service under State of Jharkhand was entitled to offer his candidature as a candidate belonging to ST category - Where caste A is not designated as a Scheduled Caste in o

(114) SATNAM SINGH Vs. SATNAM SINGH [SUPREME COURT OF INDIA] 26-04-2022
Specific performance of agreement - Agreement to sell - Three Courts below have recorded the concurrent findings of facts in favour of the respondent-plaintiff with regard to the respondent having proved his readiness and willingness to perform his part of contract, and since the Courts below have exercised their discretion in favour of the respondent, directing the appellant to execute the sale deed in favour of the respondent, on the respondent depositing the balance sale consideration, and si

(115) SMT. KAITHUAMI [L] THROUGH L.RS. Vs. SMT. RALLIANI AND OTHERS [SUPREME COURT OF INDIA] 26-04-2022
Mizo Customary Law of Inheritance - Rule 109(5) - Inheritance - Illustration in Rule 109(5) of the Mizo Customary Law makes it clear that even if there is a natural heir, a person who supports the person until his death would inherit the properties of that person - If a close relative refuses to support a person, then the person who supports the deceased will inherit the properties of the deceased - Held, Inheritance depends upon the question as to whether a person supports the deceased in his o

(116) RATHISH BABU UNNIKRISHNAN Vs. THE STATE (GOVT. OF NCT OF DELHI) AND ANOTHER [SUPREME COURT OF INDIA] 26-04-2022
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Negotiable Instruments Act, 1881 (NI) - Sections 138 and 139 - Quashing of complaint at a pre-trial stage - The Court should be slow to grant the relief of quashing a complaint at a pre-trial stage, when the factual controversy is in the realm of possibility particularly because of the legal presumption - Consequences of scuttling the criminal process at a pre-trial stage can be grave and irreparable - Quashing proceedings at preliminary stage

(117) SHRADDHA GUPTA Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 26-04-2022
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 - Sections 2 and 3 - Quashing of proceedings - Appellant-accused contended that solely on the basis of a single FIR/charge sheet and that too with respect to a single murder, the appellant cannot be said to be a 'Gangster' and/or a member of the 'Gang' - Even a single crime committed by a 'Gang' is sufficient to implant Gangsters Act on such members of the 'Gang':

(118) MANIBEN MAGANBHAI BHARIYA Vs. DISTRICT DEVELOPMENT OFFICER DAHOD AND OTHERS [SUPREME COURT OF INDIA] 25-04-2022
Payment of Gratuity Act, 1972 - Sections 1(3)(c), 2(a) and 3(1)(b) - Anganwadi centres - Right of Children to Free and Compulsory Education Act, 2009 - Section 11 - The 1972 Act will apply to Anganwadi centres and in turn to Anganwadi Workers (AWWs) and Anganwadi Helpers (AWHs) - Anganwadi centres are establishments contemplated by clause (b) of sub­section (3) of Section 1 of the 1972 Act - Hence, 'establishments' contemplated by clause (b) can be establishments within the meaning of any law fo

(119) HARIS MARINE PRODUCTS Vs. EXPORT CREDIT GUARANTEE CORPORATION (ECGC) LIMITED [SUPREME COURT OF INDIA] 25-04-2022
Foreign Trade (Development and Regulation) Act, 1992 - Section 5 - Date of loading goods onto the vessel, which commenced one day prior to the effective date of the policy, is not as significant as the date on which the foreign buyer failed to pay for the goods exported, which was well within the coverage period of the Policy - Thus, the claim could not be dismissed simply on such basis, especially given that the date of loading the goods onto the vessel was immaterial to the purpose for which t

(120) DELHI DEVELOPMENT AUTHORITY Vs. BHIM SAIN GOEL AND OTHER [SUPREME COURT OF INDIA] 25-04-2022
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Acquisition proceedings - Subsequent purchaser is not entitled to claim lapsing of the proceedings under the 2013 Act.

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