(141) SH. RAM CHANDER (DEAD) THR LRS Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 20-04-2022 Land Acquisition Act, 1894 - Section 4 - Acquisition of Land - When review applications/petitions were allowed on 12.05.2017 on the ground that pursuant to the decision of this Court in the case of DDA vs. Bhola Nath Sharma; (2011) 2 SCC 54, the first appeals are remanded and pending, in fact there was already a decision on remand vide judgment and order dated 23.03.2016 and even the SLP was dismissed - Therefore, the ground on which the High Court had allowed the review applications was therea
(142) STATE OF ODISHA AND OTHERS ETC. ETC. Vs. SULEKH CHANDRA PRADHAN ETC. ETC. [SUPREME COURT OF INDIA] 20-04-2022 Service Law - Appointment of teachers have been made directly by the respective Management without following the procedure as prescribed under the Rules/Statute - Appointments made in contravention of the statutory provisions are void ab initio.
(143) U.P. AWAS EVAM VIKAS PARISHAD THROUGH HOUSING COMMISSIONER Vs. RAM SINGH (D) TH. LRS. AND OTHERS [SUPREME COURT OF INDIA] 20-04-2022 Land Acquisition Act, 1894 - Section 9 - A notice under section 9 is to be followed by enquiry under Section 10 and award under Section 11 certainly cannot be confused with notice which merely notifies the owner about the date fixed for passing the award.
(144) JAGDISH MAVJI TANK (DEAD) THROUGH LRS. AND OTHERS Vs. HARRESH NAVNITRAI MEHTA AND OTHERS [SUPREME COURT OF INDIA] 19-04-2022 Contempt Petition - Non-compliance of directions - Builder is guilty of delaying the construction by not taking suitable steps in complete disobedience of the orders passed by this Court based on its undertaking - Contempt Petition is closed with liberty to the tenants/occupants to approach this Court in case of non-compliance of the directions.
(145) ALL INDIA JUDGES ASSOCIATION AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 19-04-2022 Judicial Service - Promotion - Eligibility criteria for Civil Judges - 25% by promotion strictly on the basis of merit through Limited Departmental Competitive Examination (LDCE) of Civil Judges having 7 years qualifying service [(5 years as Civil Judge (Junior Division) and 2 years as Civil Judge (Senior Division) or 10 years qualifying service as Civil Judge (Junior Division) - Only 10% of the cadre strength of District Judges be filled up by Limited Departmental Competitive Examination with t
(146) V.G. JAGDISHAN Vs. M/S. INDOFOS INDUSTRIES LIMITED [SUPREME COURT OF INDIA] 19-04-2022 Territorial jurisdiction - Preliminary issue - When the issue touches the question of territorial jurisdiction, as far as possible the same shall have to be decided first as preliminary issue - Labour Court did not commit any error in deciding the issue with respect to the territorial jurisdiction as a preliminary issue in the first instance.
(147) MANISHA Vs. STATE OF RAJASTHAN AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2022 Criminal Procedure Code, 1973 (CrPC) - Section 439 - Penal Code, 1860 (IPC) - Section 376 - Rape - Habitual offender - Cancellation of Bail - Judges are dutybound to explain the basis on which they have arrived at a conclusion - Merely recording "having perused the record" and "on the facts and circumstances of the case" does not subserve the purpose of a reasoned judicial order - It is a fundamental premise of open justice, to which our judicial system is committed, that factors which have wei
(148) STATE OF UTTARAKHAND AND ANOTHER Vs. MAYAN PAL SINGH VERMA [SUPREME COURT OF INDIA] 19-04-2022 Constitution of India, 1950 - Article 226 and 227 - When a number of issues/grounds were raised in the writ petition, there was the duty cast upon the High Court to deal with the same and thereafter, to pass a reasoned order - High Court in exercise of powers under Article 226 of the Constitution of India was required to have independently considered the legality and validity of the order passed by the Tribunal which was under challenge before it - Neither any submission on merits is recorded no
(149) MS. Y Vs. STATE OF RAJASTHAN AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2022 Criminal Procedure Code, 1973 (CrPC) - Section 439 - Penal Code, 1860 (IPC) - Section 376 - Rape - Habitual offender - Cancellation of Bail - Judges are dutybound to explain the basis on which they have arrived at a conclusion - Merely recording "having perused the record" and "on the facts and circumstances of the case" does not subserve the purpose of a reasoned judicial order - It is a fundamental premise of open justice, to which our judicial system is committed, that factors which have wei
(150) INDRAJEET YADAV Vs. SANTOSH SINGH AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2022 Penal Code, 1860 (IPC) - Section 302 read with Section 34 - Murder - Appeal against acquittal - Practice of pronouncing only the operative portion of the judgment without a reasoned judgment and to pass a reasoned judgment subsequently has been continued - Such a practice of pronouncing the final orders without a reasoned judgment has to be stopped and discouraged - Reasoned judgment was pronounced and uploaded after a period of almost five months - Order of acquittal is set aside - Appeal allow
(151) M/S TIRUPATI STEELS Vs. M/S SHUBH INDUSTRIAL COMPONENT AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2022 Arbitration and Conciliation Act, 1996 - Section 34 - Micro, Small and Medium Enterprise Development Act, 2006 - Section 19 - While challenge to award under section 34 of the Arbitration Act, 1996 - Pre-deposit of 75% of the awarded amount under section 19 of the MSMED Act, 2006 is a mandatory requirement.
(152) RAMRAO SHANKAR TAPASE Vs. MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPN. AND OTHERS [SUPREME COURT OF INDIA] 19-04-2022 Land Acquisition Act, 1894 - Section 18 - Maharashtra Industrial Development Act, 1961 - Sections 32(2) and 34 - Acquisition of land - Enhancement of compensation - Future use of the acquired land cannot be the main criteria to determine the compensation for the lands acquired - There was a delay of 613 and 438 days respectively in preferring the appeals - Claimants shall not be entitled to interest on the enhanced amount of compensation for the delayed period.
(153) UNION OF INDIA AND OTHERS Vs. M. DURAISAMY [SUPREME COURT OF INDIA] 19-04-2022 Central Civil Services (Conduct) Rules, 1964 - Rule 3(1)(i) and 3(1)(ii) - Service Law - Public servant - Removal to compulsory retirement - Corrupt charges - - Fraud by way of fraudulent withdrawal in 85 RD accounts and by way of non-credit of deposits in 71 RD accounts and defrauded a sum of Rs.16,59,065 - Merely because subsequently the employee had deposited the defrauded amount and therefore there was no loss caused to the department cannot be a ground to take a lenient view and/or to show
(154) LATE SHRI GYAN CHAND JAIN THROUGH LR Vs. COMMISSIONER OF INCOME TAX-I [SUPREME COURT OF INDIA] 19-04-2022 Income Tax Act, 1961 - Section 271(1)(c) - Penalty - Submission on behalf of the appellant-assessee that as the penalty amount was substantially reduced to Rs.6 lakhs and even the subsequent demand notice was for an amount of Rs.6 lakhs (approximately) only and therefore in view of the CBDT Circular the tax effect being lower than the permissible limit to prefer the appeal before the High Court and therefore the appeal before the High Court was not maintainable is concerned, at the outset it is
(155) SUNIL KUMAR JAIN AND OTHERS Vs. SUNDARESH BHATT AND OTHERS [SUPREME COURT OF INDIA] 19-04-2022 Insolvency and Bankruptcy Code, 2016 - Section 53(1)(a) and 5(13) - Insolvency resolution process costs - Dues towards the wages/salaries of only those workmen/employees who actually worked during the Corporate Insolvency Resolution Process (CIRP) are to be included in the CIRP costs:
(156) EVERGREEN LAND MARK PRIVATE LIMITED Vs. JOHN TINSON & COMPANY PRIVATE LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2022 Arbitration and Conciliation Act, 1996 - Section 17 - Interim measures ordered by arbitral tribunal - No order could have been passed by the Tribunal by way of interim measure on the applications filed under Section 17 of the Arbitration Act in a case where there is a serious dispute with respect to the liability of the rental amounts to be paid, which is yet to be adjudicated upon and/or considered by the Arbitral Tribunal - Thus, no such order for deposit by way of an interim measure on applic
(157) VALLAMPATI SATHISH BABU Vs. THE STATE OF ANDHRA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 19-04-2022 Andhra Pradesh Panchayat Raj Act, 1994 - Sections 195 and 243 - Andhra Pradesh Direct Recruitment for the post of Teachers (Scheme of Selection) Rules, 2012 - Rule 16 - Service Law - Even in case candidates selected for appointment have not joined, in the absence of any statutory rules to the contrary, the employer is not bound to offer the unfilled vacancy to the candidates next below the said candidates in the merit list - In the absence of any provision, the employer is not bound to prepare a
(158) K.C. LAXMANA Vs. K.C. CHANDRAPPA GOWDA AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2022 Joint Family Property - Gift deed - A Hindu father or any other managing member of a HUF has power to make a gift of ancestral property only for a 'pious purpose' and what is understood by the term ‘pious purpose’ is a gift for charitable and/or religious purpose. Therefore, a deed of gift in regard to the ancestral property executed ‘out of love and affection’ does not come within the scope of the term ‘pious purpose’ - It is trite law that Karta/Manager of a joint family property may alienate
(159) UNION OF INDIA AND OTHERS Vs. M/S. WILLOWOOD CHEMICALS PRIVATE LIMITED AND ANOTHER UNION OF INDIA AND OTHERS Vs. M/S. SARAF NATURAL STONE AND ANOTHERS [SUPREME COURT OF INDIA] 19-04-2022 Central Goods and Services Tax Act, 2017 - Section 56 - Interest on Delayed Refunds - Award of interest at 9 per cent would be attracted only if the matter was covered by the proviso to the Section 56.
(160) MOHD. FIROZ Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 19-04-2022 Penal Code, 1860 (IPC) - Sections 302, 376A, 376(2)(i), 376(2)(m), 363 and 366 - Protection of Children from the Sexual Offences Act, 2012 - Section 6 - Rape and Murder of Minor Girl - Death penalty - It was duly proved that while committing the barbaric acts of rape and sexual assault on the young child-victim aged about 04 years, the accused had inflicted bodily injuries as mentioned in the post-mortem report which had caused her death - While dealing with the cases under section 376-A IPC, a