(141) DELHI JAL BOARD Vs. NIRMALA DEVI [SUPREME COURT OF INDIA] 19-10-2022 Service Law - Compassionate Appointment - Once the application for compassionate appointment is made, the qualification which the applicant possess on the date of application is to be considered. Similarly, the submission on behalf of the respondent that for compassionate appointments, only the bar with respect to age shall be applicable and not with respect to educational qualification cannot be accepted. The compassionate appointment is required to be made on the post considering the education India Law Library Docid # 1602287
(142) SUNIL JAIN (D) THR. LRS. AND ANOTHER Vs. CHANDRA KALA AND ANOTHER [SUPREME COURT OF INDIA] 19-10-2022 Arbitration - Death of arbitrator - Appointment of fresh arbitrator - This Court Appoint Shri Justice K. Chandru, Former Judge of Madras High Court as the Sole Arbitrator in place of Shri Ram Prakash Bajaj, Retired District Judge (now deceased), to settle the dispute between the parties. India Law Library Docid # 1602288
(143) M/S NEW NOBLE EDUCATIONAL SOCIETY Vs. THE CHIEF COMMISSIONER OF INCOME TAX 1 AND ANOTHER [SUPREME COURT OF INDIA] 19-10-2022 Income Tax Act, 1961 - Section 10(23C) - Exemption - Requirement of the charitable institution, society or trust etc. - Requirement of the charitable institution, society or trust etc., to 'solely' engage itself in education or educational activities, and not engage in any activity of profit, means that such institutions cannot have objects which are unrelated to education - In other words, all objects of the society, trust etc., must relate to imparting education or be in relation to educationa India Law Library Docid # 1602289
(144) S. RAMACHANDRA RAO Vs. S. NAGABHUSHANA RAO AND OTHERS [SUPREME COURT OF INDIA] 19-10-2022 Advocates Act, 1961 - Section 32 - Power of Court to permit appearances in particular cases - Enabling provision of Section 32 of the Act of 1961, whereby any Court, authority or person may permit any non-advocate to appear before it or him in any particular case is difficult to be read as creating a corresponding bar in giving permission to a GPA holder of a party to represent that party as such, if the said GPA holder, during pendency of the proceedings in the Court, gets enrolled as an advoca India Law Library Docid # 1602281
(145) ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) Vs. AHMEDABAD URBAN DEVELOPMENT AUTHORITY [SUPREME COURT OF INDIA] 19-10-2022 Income Tax Act, 1961 - Section 2(15) - Tax exemption for charitable purposes - An assessee advancing general public utility cannot engage itself in any trade, commerce or business, or provide service in relation thereto for any consideration ("cess, or fee, or any other consideration") - In the course of achieving the object of general public utility, the concerned trust, society, or other such organization, can carry on trade, commerce or business or provide services in relation thereto for con India Law Library Docid # 1602282
(146) THE STATE OF MANIPUR AND OTHERS Vs. BUYAMAYUM ABDUL HANAN @ ANAND AND ANOTHER [SUPREME COURT OF INDIA] 19-10-2022 Constitution of India, 1950 - Article 22(5) - Refusal to supply the documents requested by the detenu or supply of illegible or blurred copies of the documents relied upon by the detaining authority amounts to violation of Article 22(5) of the Constitution - Right to make representation is a fundamental right of the detenu under Article 22(5) of the Constitution and supply of the illegible copy of documents which has been relied upon by the detaining authority indeed has deprived him in making a India Law Library Docid # 1602285
(147) HEMANT NARAYAN RASNE Vs. THE COMMISSIONER AND ADMINISTRATOR OF PUNE MUNICIPAL CORPORATION AND OTHERS [SUPREME COURT OF INDIA] 19-10-2022 For comprehension of the relevant factual aspects, we may take note of the fact that the term of the Pune Municipal Corporation was coming to an end on 14.03.2022 and when the Government was informed that it would not be possible to conduct general elections for constitution of the new Corporation, the referred order dated 03.03.2022 was issued, appointing the Commissioner, Pune Municipal Corporation, as its Administrator. This order dated 03.03.2022 reads as under: India Law Library Docid # 1602302
(148) BSES RAJDHANI POWER LTD. Vs. DELHI ELECTRICITY REGULATORY COMMISSION [SUPREME COURT OF INDIA] 18-10-2022 Electricity Act, 2003 - Section 64 - It is not permissible to amend the tariff order made under Section 64 of the 2003 Act during the truing up exercise - A tariff order is quasi-judicial in nature which becomes final and binding on the parties unless it is amended or revoked under Section 64(6) or set aside by the Appellate Authority - At the stage of truing up, the DERC cannot change the rules/methodology used in the initial tariff determination by changing the basic principles, premises and i India Law Library Docid # 1602277
(149) JSK INDUSTRIES PVT. LTD. Vs. ORIENTAL INSURANCE COMPANY LIMITED [SUPREME COURT OF INDIA] 18-10-2022 Consumer Law - Repudiation of claim - National Commission ought not to have gone beyond the grounds of repudiation and into the nature of coverage, which according to the National Commission had effectively changed from "anywhere in India to anywhere in India" to a sales turnover policy. India Law Library Docid # 1602278
(150) RAJ BALA AND OTHERS Vs. RAKEJA BEGAM AND OTHERS [SUPREME COURT OF INDIA] 18-10-2022 Motor Vehicles Act, 1988 - Section 168 - Just Compensation - Section 168 of the Act deals with the concept of "just compensation" and the same has to be determined on the foundation of fairness, reasonableness and equitability on acceptable legal standard because such determination can never be in arithmetical exactitude - It can never be perfect - Aim is to achieve an acceptable degree of proximity to arithmetical precision on the basis of materials brought on record in an individual case - Con India Law Library Docid # 1602279
(151) DR. MANIK BHATTACHARYA Vs. RAMESH MALIK AND OTHERS [SUPREME COURT OF INDIA] 18-10-2022 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 India Law Library Docid # 1602280
(152) DIVYA Vs. THE NATIONAL INSURANCE CO. LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 18-10-2022 Little was known to the little girl when she was taken in an autorickshaw by her parents about the jinx that she had to face and the consequences which would be lifelong and haunting, both mentally and physically. On 08.08.1998, when the appellant/claimant was a suckling, to be precise aged two years, her parents took her in an autorickshaw bearing registration No. TN-29-0958. When they were travelling from near Vaishnav College, from west to east, a car bearing registration No. TMQ-2266 driven India Law Library Docid # 1602301
(153) MANOJ KUMAR TIWARI Vs. MANISH SISODIA AND OTHERS [SUPREME COURT OF INDIA] 17-10-2022 Criminal Procedure Code, 1973 (CrPC) - Sections 199 - Penal Code, 1860 (IPC) - Section 499 - Defamation - Private Complaint by Minister/Public Servant - Long history of the evolution of the legislation relating to prosecution for the offence of defamation of public servants shows that the special procedure introduced in 1955 and fine-tuned in 1964 and overhauled in 1973 was in addition to and not in derogation of the right that a public servant always had as an individual - He never lost his rig India Law Library Docid # 1602262
(154) MANUSHA SREEKUMAR AND OTHERS Vs. THE UNITED INDIA INSURANCE CO. LTD. [SUPREME COURT OF INDIA] 17-10-2022 Motor Vehicles Act, 1988 - Sections 166 and 168 - - Determination of compensation under non-conventional heads - Insurance Company cannot turn around and question a paltry amount of compensation awarded to the Appellants under the 'nonconventional heads'. India Law Library Docid # 1602263
(155) M/S. FASHION WORLD Vs. BANSHIDHAR MULTI BUILDERS PVT. LTD. [SUPREME COURT OF INDIA] 17-10-2022 Madhya Pradesh Accommodation Control Act, 1961 - Section 13(6) - Striking off defence - Defence was struck off on non-deposit/payment of the balance amount of GST, which is now deposited - Impugned judgment and order passed by the High Court and that of the learned Trial Court striking off the defence of the appellant is quashed and set aside and the appellant is permitted to defend the eviction suit/suit, which may be considered in accordance with law and on its own merits. India Law Library Docid # 1602264
(156) RADHEY SHAM Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 17-10-2022 Land Acquisition Act, 1894 - Section 4 - Acquisition of land - Determination of compensation - Most of the sale deeds relied upon by the landowners are much prior to the date of Section 4 notification (ranging between 1992 to 1994) - Some of the sale deeds are post Section 4 notification. Only three to four sale deeds are nearer to Section 4 notification - However, all those sale deeds are with respect to small area of lands and even the price is also at variance - Therefore, it is not safe to d India Law Library Docid # 1602265
(157) SARUP SINGH @ RAM SARUP Vs. HDFC ERGO GENERAL INSURANCE COMPANY LTD. AND ORS. [SUPREME COURT OF INDIA] 17-10-2022 Motor Vehicles Act, 1988 - Sections 166 and 168 - Death in accident - Enhancement of compensation - While awarding the loss of dependency, the High Court has not awarded/considered the future prospects at all - If consider the notional income @ Rs. 6,500/- per month as determined by the High Court and adding 40% towards future prospects and deducting 1/3rd towards personal expense of the deceased and by applying the multiple of 17, the claimant shall be entitled to Rs. 12,37,790/ India Law Library Docid # 1602266
(158) MD. JABBAR ALI AND OTHERS Vs. THE STATE OF ASSAM [SUPREME COURT OF INDIA] 17-10-2022 Penal Code, 1860 (IPC) - Section 302 read with Section 149 - Murder - Acquittal - Vital discrepancies and inconsistencies in the evidence of the prosecution witnesses - Material discrepancies in the testimonies of the witnesses and the same is fatal to the case of the prosecution - Conviction and sentences set aside - Appeal allowed. India Law Library Docid # 1602267
(159) BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA Vs. DR. PRIYAMBADA SHARMA AND OTHERS [SUPREME COURT OF INDIA] 17-10-2022 Education - Provisional admission to post-graduate medical courses - Schedule for admission to the post-graduate medical courses must be followed strictly leaving no discretion to any authority to permit admissions over the cut-off date under schedule for admission to post-graduate medical courses - Provisional admissions were granted by the High Court ignoring the principle of merit which is the sole touchstone for admission to the post-graduate courses based on the NEET examination, 2019 where India Law Library Docid # 1602268
(160) GURMAIL SINGH AND ANOTHER Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 17-10-2022 Penal Code, 1860 (IPC) - Sections 302 and 149 - Murder - Non-recovery of the weapons cannot be a ground to discard the evidence of the injured eye witnesses - When someone who sustained gunshot injuries and profusely bleeding was attacked again and the persons who attempted to come to his rescue were also attacked the only inference that can be drawn from such circumstances is that the common object was to do away with the life of that person India Law Library Docid # 1602269