(121) NEELAM PANDEY AND ANOTHER Vs. RAHUL SHUKLA AND OTHERS [SUPREME COURT OF INDIA] 22-02-2023 Criminal Procedure Code, 1973 (CrPC) - Section 406 - Transfer of criminal case - Transfer of a criminal case from one State to another implicitly reflect upon the credibility of not only the State judiciary but also of the prosecution agency - Transfer petition dismissed. India Law Library Docid # 1602867
(122) SANWARLAL AGRAWAL AND OTHERS Vs. ASHOK KUMAR KOTHARI AND OTHERS [SUPREME COURT OF INDIA] 21-02-2023 Civil Law - Execution of decree - A Court executing a decree cannot go behind the decree: it must take the decree as it stands, for the decree is binding and conclusive between the parties to the suit. India Law Library Docid # 1602736
(123) THE STATE OF GUJARAT AND OTHERS Vs. H.B. KAPADIA EDUCATION TRUST AND ANOTHER [SUPREME COURT OF INDIA] 21-02-2023 Constitution of India, 1950 - Article 30 - Secondary Education Regulations, 1974 - Regulations 36, 42 and 43 - If an employee or a teacher is continued in service by the management of any registered minority Secondary School receiving Grant-in-Aid from the State-Government, then such school would not be entitled to receive any grant in respect of the expenditure incurred for continuing such employee or teacher beyond the age of 58 or 60 years, as the case may be - Provisions of Grant-in-Aid Code India Law Library Docid # 1602737
(124) YOGESH UPADHYAY AND ANOTHER Vs. ATLANTA LIMITED [SUPREME COURT OF INDIA] 21-02-2023 Criminal Procedure Code, 1973 (CrPC) - Section 406 - Negotiable Instruments Act, 1881 (NI) - Section 138 and 142(1) - Dishonour of cheque - Transfer of case from one state to another state - Merely the reference to the manner in which cognizance is to be taken in offences under Section 138 of the Act of 1881, as a departure has to be made from the usual procedure inasmuch as prosecution for the said offence stands postponed despite commission of the offence being complete upon dishonour of the c India Law Library Docid # 1602738
(125) JUHRU AND OTHERS Vs. KARIM AND ANOTHER [SUPREME COURT OF INDIA] 21-02-2023 Criminal Procedure Code, 1973 (CrPC) - Section 319 - Power of summoning under Section 319 Cr.P.C. is not to be exercised routinely and the existence of more than a prima facie case is sine quo non to summon an additional accused - To prevent the frequent misuse of power to summon additional accused under Section 319 Cr.P.C., and in conformity with the binding judicial dictums referred to above, the procedural safeguard can be that ordinarily the summoning of a person at the very threshold of th India Law Library Docid # 1602739
(126) PARAMVIR SINGH SAINI Vs. BALJIT SINGH AND OTHERS [SUPREME COURT OF INDIA] 21-02-2023 Mr. Siddhartha Dave, learned Senior Advocate/Amicus Curiae has submitted the Sixth Report. The Report states that many of the agencies under the Union of India and various State Governments have not complied with the directions for installation of CCTV cameras in the police station as well as the offices of agencies under the Union of India. India Law Library Docid # 1602873
(127) P Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 21-02-2023 On 2 February 2023, this Court issued directions in the exercise of its jurisdiction under Article 142 of the Constitution clarifying in para 8 that these directions were issued "having regard to the extraordinary situation which has emerged before the Court involving a young woman in distress, who moved this Court at a late stage of her pregnancy". India Law Library Docid # 1602879
(128) SOUTH EASTERN COALFIELD LIMITED AND OTHERS Vs. GULSHAN PRAKASH [SUPREME COURT OF INDIA] 20-02-2023 Industrial Disputes Act, 1947 - Section 2(p) and 18(3) - Compassionate appointment - Stay is operating in the instant appeal since 30th January, 2017 - This Court were of the view to decide the appeal on merits rather to relegate the parties to get the writ appeal examined on merits by the High Court but after looked into the records, it may be advisable and in the interest of justice that the writ appeal pending before the High Court may be heard on merits - Appeal is accordingly disposed of wi India Law Library Docid # 1602729
(129) KHORA (DEAD) THROUGH LEGAL HEIRS AND OTHERS Vs. MOHAR SAI AND OTHERS [SUPREME COURT OF INDIA] 20-02-2023 Chhattisgarh Land Revenue Code, 1959 - Section 257 - Jurisdiction of civil court - Bar of jurisdiction under Section 257 of the Code relates to any matter which the Revenue Authorities are empowered to determine/decide or dispose of - Question whether the purchase by a tribal was a sham and nominal transaction for the benefit of a non-tribal, may not fall exclusively within the jurisdiction of the Revenue Authorities. India Law Library Docid # 1602730
(130) MITA INDIA PRIVATE LIMITED Vs. MAHENDRA JAIN [SUPREME COURT OF INDIA] 20-02-2023 Power of Attorney - General power of attorney holder cannot delegate his powers to another person but the same can be delegated when there is a specific clause permitting sub-delegation. India Law Library Docid # 1602731
(131) RAMESH CHANDRA SHARMA AND OTHERS Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 20-02-2023 Land Acquisition Act, 1894 - Section 23 - Determination of compensation - Section 23 of the Land Acquisition Act states out the grounds for granting compensation in cases of acquisition of land under the Act - One such reason for the grant of compensation is rehabilitation, and it is this need for granting compensation for rehabilitation under the Act that is echoed by the impugned notification India Law Library Docid # 1602732
(132) APARNA AJINKYA FIRODIA Vs. AJINKYA ARUN FIRODIA [SUPREME COURT OF INDIA] 20-02-2023 DNA test of a minor child - A DNA test of a minor child is not to be ordered routinely, in matrimonial disputes - Proof by way of DNA profiling is to be directed in matrimonial disputes involving allegations of infidelity, only in matters where there is no other mode of proving such assertions. India Law Library Docid # 1602733
(133) SOUTH EASTERN COALFIELD LIMITED AND OTHERS Vs. AVINASH SOLOMAN [SUPREME COURT OF INDIA] 20-02-2023 Industrial Disputes Act, 1947 - Section 2(p) and 18(3) - Compassionate appointment - Stay is operating in the instant appeal since 8th May, 2017 - This Court were of the view to decide the appeal on merits rather to relegate the parties to get the writ appeal examined on merits by the High Court but after looked into the records, it may be advisable and in the interest of justice that the writ appeal pending before the High Court may be heard on merits - Appeal is accordingly disposed of with a India Law Library Docid # 1602735
(134) SURESHKUMAR LALITKUMAR PATEL AND OTHERS Vs. STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 20-02-2023 The decision of the Division Bench of the High Court of Gujarat giving its imprimatur to the decision of the Departmental Selection Committee in reducing the qualifying marks for the post of Supervisor Instructor Class III, after the publication of result to facilitate the inclusion of candidates constituting horizontal reservation, is under challenge in these civil appeals. India Law Library Docid # 1602747
(135) SUSHIL RAGHAV Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-02-2023 A direction is required to be given to the UP Irrigation Engineer in Chief and the Principal Secretary Irrigation relating to the inordinate delay in paying DDA for undertaking the rejuvenation of the flood plains on the UP side as a deposit work which was promised on several occasions but has not made any headway in the last 7 months when one months time had been sought. India Law Library Docid # 1602865
(136) YOGEETA CHANDRA Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 20-02-2023 Feeling aggrieved and dissatisfied with the impugned judgment and order dated 08.03.2017 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Service Bench No. 950/2015 and order dated 15.11.2018 passed in Review Application No. 39571/2017, the original writ petitioner has preferred the present appeals. India Law Library Docid # 1602866
(137) CINE PREKSHAKULA VINIYOGA DARULA SANGHAM Vs. THE STATE OF TELANGANA AND OTHERS [SUPREME COURT OF INDIA] 20-02-2023 By its judgment dated 23 October 2019, a Division Bench of the High Court for the State of Telangana dismissed Writ Petition (PIL) No 78 of 2017 as infructuous on the ground that the GOs which form the subject matter of challenge had by efflux of time come to an end. India Law Library Docid # 1602874
(138) MILIND SHANTILAL RATHOD AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 20-02-2023 The application seeking deletion of the name of proforma respondents from the array of parties is allowed at the risk and responsibility of the petitioners. India Law Library Docid # 1602878
(139) TAHIR HUSSAIN Vs. ASSISTANT DIRECTOR ENFORCEMENT DIRECTORATE [SUPREME COURT OF INDIA] 20-02-2023 Therefore, we do not want to interfere at this stage. It is made clear that the Special Court will follow the law laid down by this Court in Vijay Madanlal Choudhary and Others vs. Union of India and Others reported in 2022 SCC Online SC 929. India Law Library Docid # 1602881
(140) PRITI BHAGAVAN UNHAWANE AND OTHERS Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 20-02-2023 We find no ground to entertain this writ petition. The Writ Petition is, accordingly, dismissed. India Law Library Docid # 1602882