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(121) GUJARAT STATE CIVIL SUPPLIES CORPORATION LIMITED Vs. MAHAKALI FOODS PRIVATE LIMITED (UNIT 2) AND ANOTHER [SUPREME COURT OF INDIA] 31-10-2022
Micro, Small and Medium Enterprises Development Act, 2006 - Section 17 - No party to a dispute with regard to any amount due under Section 17 of the MSMED Act, 2006 would be precluded from making a reference to the Micro and Small Enterprises Facilitation Council, though an independent arbitration agreement exists between the parties.
India Law Library Docid # 1602300

(122) KIRAN TOMAR AND OTHERS Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 31-10-2022
Criminal Procedure Code, 1973 - Section 125 - Maintenance of wife and children - Income tax returns do not necessarily furnish an accurate guide of the real income - Particularly, when parties are engaged in a matrimonial conflict, there is a tendency to underestimate income - Hence, it is for the Family Court to determine on a holistic assessment of the evidence what would be the real income of the second respondent so as to enable the appellants to live in a condition commensurate with the sta
India Law Library Docid # 1602365

(123) HARISH ISHWARBHAI PATEL Vs. JATIN ISHWARBHAI PATEL AND OTHERS [SUPREME COURT OF INDIA] 21-10-2022
Civil Suit - Temporary injunction - Respondents are willing to not give an undertaking that they will not alienate the properties during the pendency of the suit but have only offered that some of the properties would not be alienated, which offer is not accepted by the appellant - High Court while allowing the appeal has further issued direction that the trial court shall decide the suit in accordance with law on the basis of the evidence led by both the parties without being influenced by any
India Law Library Docid # 1602295

(124) MOHD. FIROZ Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 21-10-2022
Penal Code, 1860 (IPC) - Sections 302, 376A, 376(2)(i) and 376(2)(m) - Protection of Children under Sexual Offences Act, 2012 - Section 5 (i) and 5(m) read with Section 6 - Life imprisonment - Modification of - If the sentence of life imprisonment imposed by the Sessions Court and confirmed by the High Court, is also confirmed by this Court for the offence under Sections 376(2)(i) and 376(2)(m), IPC and for the offence under Section 5 (i) and 5 (m) read with Section 6 of POCSO Act, then the life
India Law Library Docid # 1602283

(125) THE STATE OF UTTAR PRADESH AND OTHERS ETC. ETC. Vs. UDAY EDUCATION AND WELFARE TRUST AND ANOTHER ETC. ETC. [SUPREME COURT OF INDIA] 21-10-2022
Environment - Establishment of new wood-based industries - Appeals challenges the order passed by NGT, thereby quashing and setting aside the notice issued by the State of Uttar Pradesh for establishing new wood based industries and also setting aside all the provisional licenses given in pursuance thereof - Courts should not enter into an area that is the domain of the experts
India Law Library Docid # 1602284

(126) SOUTH DELHI MUNICIPAL CORPORATION Vs. FEDERATION OF RESIDENTS WELFARE ASSOCIATION, VASANT KUNJ (REGD.) AND OTHERS [SUPREME COURT OF INDIA] 21-10-2022
Delhi Municipal Corporation Act, 1957 - Sections 42(f), 390 and 391 - Shifting of Crematorium - Under Section 42(f) of the Act, 1957 it is the duty cast upon the Municipal Corporation to make provision for regulation of places for the disposal of dead and the provision of maintenance of said places is an obligatory function of Municipal Corporation
India Law Library Docid # 1602303

(127) DENTAL COUNCIL OF INDIA Vs. SAILENDRA SHARMA AND OTHERS [SUPREME COURT OF INDIA] 21-10-2022
Education - Admission to Postgraduate Dental Course - Even if on the last date of admission, seats remained vacant was no ground by the institutions/colleges to grant admissions unilaterally and that too without intimating the vacant seats to the Directorate - Undue sympathy would lead to perpetuating the illegality and giving premium to the students who got admissions illegally - Order passed by the High Court directing the admissions of the respective original writ petitioners is accordingly h
India Law Library Docid # 1602304

(128) PROFESSOR (DR.) SREEJITH P.S. Vs. DR. RAJASREE M.S. AND OTHERS [SUPREME COURT OF INDIA] 21-10-2022
APJ Abdul Kalam Technological University Act, 2015 - Section 13(4) - Appointment of Vice Chancellor - Recommendation - Committee shall recommend unanimously a panel of not less than three suitable persons from amongst the eminent persons in the field of engineering sciences, which shall be placed before the Visitor/Chancellor - In the present case, admittedly the only name of respondent was recommended to the Chancellor
India Law Library Docid # 1602305

(129) SHIV KUMAR AND OTHERS Vs. GAINDA LAL AND OTHERS [SUPREME COURT OF INDIA] 21-10-2022
Motor Vehicles Act, 1988 - Sections 166 and 168 - Enhancement of compensation - Death in accident - At the relevant time the deceased was a housewife aged 25 years only and there was contribution of the wife in the family and there is evidence that she was also doing the tuition work - As per the settled position of law while considering the loss of dependency 40% of the income is required to be added towards future prospects - High Court has committed any error in awarding the loss of dependenc
India Law Library Docid # 1602306

(130) DR. AJIT KUMAR SHRIVASTAVA Vs. THE STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 21-10-2022
All India Services (Discipline and Appeal) Rules, 1969 - Rules 6, 8 and 10 - Absence of a disciplinary action for imposing minor/major penalties as contemplated under Rule 10 or Rule 8 of the Rules 1969 either initiated or pending, there could not be any occasion of proposing the penalty to be inflicted upon the delinquent officer - Before a disciplinary enquiry being initiated in terms of the procedure prescribed under Rules 1969, there could not be any possibility of proposing a punishment as
India Law Library Docid # 1602307

(131) SUMITHA PRADEEP Vs. ARUN KUMAR C.K AND ANOTHER [SUPREME COURT OF INDIA] 21-10-2022
The appellant is aggrieved by the Order dated 25-7-2022 passed by the High Court of Kerala at Ernakulam, whereby Respondent No.1 has been granted protection of anticipatory bail in Crime No. 442 of 2022 dated 27-5-2022 registered at Police Station Meenangadi District Wayanad under Sections 354A(1)(i),(ii) & (iv), 354 A-(2) and 354-A(3) of the Indian Penal Code read with Sections 7, 8, 9 and 11 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’).
India Law Library Docid # 1602329

(132) WEATHERFORD OIL TOOL MIDDLE EAST LIMITED Vs. BAKER HUGHES SINGAPORE PTE [SUPREME COURT OF INDIA] 20-10-2022
Arbitration and Conciliation Act, 1996 - Section 11(6) read with Section 11(12) - Appointment of sole arbitrator - No legal impediment to the enforceability of the arbitration agreement pending payment of stamp duty on the substantive contract - This Court appoint Mr. Suresh C. Gupte, former Judge, High Court of Bombay as a sole arbitrator to adjudicate upon the disputes arising out of the said three agreements treating it as one single arbitration.
India Law Library Docid # 1602290

(133) DR. MANIK BHATTACHARYA Vs. RAMESH MALIK AND OTHERS [SUPREME COURT OF INDIA] 20-10-2022
West Bengal Teacher Recruitment Scam - CBI Investigation - Plea to stay - Declined - CBI under the SIT shall continue their investigation as directed by the Single Judge and file a comprehensive report before this Court within a period of four weeks as regards progress of the investigation - It would not be appropriate to straightaway direct CBI investigation in a recruitment related controversy unless, of course the allegations are so outrageous and the perpetrators of the alleged offences are
India Law Library Docid # 1602291

(134) HARI RAM (DECEASED) THR. HIS LRS. AND ANOTHER Vs. LAND ACQUISITION COLLECTOR CUM DISTRICT REVENUE OFFICER GURGAON AND OTHERS [SUPREME COURT OF INDIA] 20-10-2022
Land Acquisition Act, 1894 - Section 4 - Acquisition of land irrigated and non-irrigated lands - Enhancement of compensation - Merely because the sale deeds were by and/or in favour of the company and there was variation in the prices mentioned cannot be a ground to hold that the sale exemplars are not genuine and therefore required to be discarded - It will be safe to rely upon and/or consider the sale deeds produced. However, at the same time, considering the fact that the Sale Deeds produced
India Law Library Docid # 1602292

(135) JASPAL SINGH AND OTHERS Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 20-10-2022
Land Acquisition Act, 1894 - Section 4 - Land Acquisition - Enhancement of compensation - While considering the fact that the landowners shall be entitled to just and reasonable compensation for the lands acquired and taking into consideration the decision of this Court in the case of Arawali Power Company Private Limited - If the landowners in the present case are awarded compensation at the rate of Rs. 22,00,000/- per acre, the same can be said to be just and reasonable compensation - Appeal a
India Law Library Docid # 1602293

(136) STATE OF HIMACHAL PRADESH Vs. NIRMAL KAUR @ NIMMO AND OTHERS [SUPREME COURT OF INDIA] 20-10-2022
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 2(xvii)(a) and 15 - Punishment for contravention in relation to poppy straw - Once a Chemical Examiner establishes that the seized 'poppy straw' indicates a positive test for the contents of 'morphine' and 'meconic acid', it is sufficient to establish that it is covered by subclause (a) of Clause (xvii) of Section 2 of the 1985 Act and no further test would be necessary for establishing that the seized material is a part of 'papaver
India Law Library Docid # 1602294

(137) CDR AMIT KUMAR SHARMA ETC Vs. UNION OF INDIA AND OTHERS ETC [SUPREME COURT OF INDIA] 20-10-2022
This batch of appeals arises from a judgment dated 3 January 2022 of the Principal Bench of the Armed Forces Tribunal. The AFT dismissed the applications challenging the denial of Permanent Commission in the Indian Navy. The principle issue is whether the AFT could have adjudicated on the validity of the selection proceedings when relevant material was disclosed only to the AFT in a sealed cover.
India Law Library Docid # 1602351

(138) NIPUN TAWARI AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 20-10-2022
The seats available for admission to medical postgraduate courses will be distributed as 50% to All India Quota & remaining 50% to the State Quota. From the State quota, 50% of Seats in post graduate diploma courses from State Government/Corporation Medical Colleges will be reserved for In- service candidates in the State Government services, who have served for at least 3 years in remote and/or difficult areas. For In- service quota reservation, any change made by Government from time to time w
India Law Library Docid # 1602330

(139) MAHARASHTRA STATE BOARD OF WAKFS Vs. SHAIKH YUSUF BHAI CHAWLA AND OTHERS [SUPREME COURT OF INDIA] 20-10-2022
Since the common questions arises in all these appeals, we deem it appropriate to dispose of the same by the following common judgment.
India Law Library Docid # 1602422

(140) JAYCEE HOUSING PVT. LTD. AND OTHERS Vs. REGISTRAR (GENERAL), ORISSA HIGH COURT, CUTTACK AND OTHERS [SUPREME COURT OF INDIA] 19-10-2022
Commercial Courts Act, 2015 - Section 3 - Arbitration and Conciliation Act, 1996 - Sections 2(1)(e) 9, 14 and 34 - Whether in exercise of powers under Section 3 of the Commercial Courts Act, 2015, the State Government can confer jurisdiction to hear applications under Sections 9, 14 and 34 of the Arbitration and Conciliation Act, 1996, upon Commercial Courts which are subordinate to the rank of the Principal Civil Judge in the District, contrary to the provisions of Section 2(1)(e) of the Arbitr
India Law Library Docid # 1602286

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