(161) PANCHAM LAL PANDEY Vs. NEERAJ KUMAR MISHRA AND OTHERS [SUPREME COURT OF INDIA] 15-02-2023 Review of case - Provision of review is not to scrutinize the correctness of the decision rendered rather to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed - Division Bench in allowing the review petition has dealt with the matter as it is seized of the special appeal itself and has virtually reversed the decision by taking a completely new stand for the paym India Law Library Docid # 1602713
(162) RAVINDER KUMAR GOEL Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 15-02-2023 Land Acquisition Act, 1894 - Section 4 read with Section 17 (2) - Acquisition of land - Determination of market value - Land acquired is for the construction of a new Expressway which would require not just laying of the roads but also providing several amenities through the highway and also creation of service roads, flyovers, underpass to townships across such highway - Land is also to be left as a divider to bifurcate the twoway roads - Therefore, it would not be justified in saying that no India Law Library Docid # 1602717
(163) KAMAL AND OTHERS Vs. GAJRAJ AND OTHERS [SUPREME COURT OF INDIA] 14-02-2023 Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Section 333 - Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952 - Rule 176(4) - Allotment of land - Authority competent, if has failed to exercise its power vested under Rule 176(4) within the time prescribed which is not within the ambit and control of the allottee, at least they cannot be saddled with heavy costs for the inaction of the authorities in exercise of the power vested in it India Law Library Docid # 1602715
(164) SURESH Vs. STATE OF KERALA [SUPREME COURT OF INDIA] 14-02-2023 Penal Code, 1860 - Sections 302 and 449 - Murder - Accused stealthily entered into the house with a wooden stick and took a country grinding stone and hit on the victim's head - He again hit on victim's head with the country grinding stone and then left the place - Medical evidence shows that injury nos. 6 and 8 are caused possibly by hitting with MOI stone - Injury no. 6 is on the head and injury no. 8 is on the back of chest - It also reveals from the postmortem report that the heavy grinding India Law Library Docid # 1602716
(165) DR. B R AMBEDKAR UNIVERSITY, AGRA Vs. DEVARSH NATH GUPTA AND OTHERS [SUPREME COURT OF INDIA] 14-02-2023 The writ petitioner of this case (respondent No. 1 herein), being a student of M.B.B.S. Course at S.N. Medical College, Agra, affiliated to the appellant-University, appeared in M.B.B.S. (1st Professional) Examination held in the month of December, 2018. In the result of the said examination, the writ petitioner was declared as failed even after securing 344 marks out 600 for the reason that in Paper-II of Physiology, he got only 6 marks out of 50. India Law Library Docid # 1602864
(166) HARSH CHUGH Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 14-02-2023 The expert committee having considered the security and privacy aspects, in our opinion, nothing survives in the present writ petition and accordingly, the proceedings are closed and dismissed. India Law Library Docid # 1602895
(167) M/S THE HYDERABAD CRICKET ASSOCIATION Vs. M/S CHARMINAR CRICKET CLUB AND ANOTHER [SUPREME COURT OF INDIA] 14-02-2023 We are of the view that the impasse must be broken and elections held which was the original objective. In fact the dispute over Ombudsman came to this Court and in the whole process this matter has continued while the very appointment of Ombudsman was for a period of one year! Now the question is how to ensure that a fair and proper elections are held so that the matter can be put to rest. India Law Library Docid # 1602897
(168) STATE OF BIHAR Vs. MEDICAL COUNCIL OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 14-02-2023 A perusal of the order passed by this Court on 18th June, 2018 would reveal that this Court had taken on record the affidavits filed by the States which pointed out the various steps taken to remove or rectify the deficiencies pointed out by the Medical Council of India (MCI) (now National Medical Commission [NMC]). India Law Library Docid # 1602898
(169) ASSOCIATION OF VASANTH APARTMENTS’ OWNERS Vs. V. GOPINATH AND OTHERS [SUPREME COURT OF INDIA] 13-02-2023 Constitution of India, 1950 - Article 14 and 300A - Development Control Rules - Rule 19 - Building bye Laws - Articles 14 and 300A of the Constitution are not violated by the requirement to reserve 10% of land for open space - It does not amount to compulsory acquisition - Areas covered by the Open Space Regulation area (OSR) cannot be diverted for any other purpose India Law Library Docid # 1602709
(170) HAJI ABDUL GANI KHAN AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 13-02-2023 Constitution of India, 1950 - Article 170 - Composition of Legislative Assemblies - Applicability of Article 170 - Article 170 will have no application as it forms a part of Chapter III of Part VI which deals with only the State Legislature - It has no application to the Legislatures of Union Territories - Legislative Assemblies of the concerned Union Territories will be governed by the law made by the Parliament in accordance with Article 239A and not by the provisions of Chapter III of Part VI India Law Library Docid # 1602711
(171) UBER INDIA SYSTEMS PRIVATE LIMITED AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 13-02-2023 The Special Leave Petition arises from an interlocutory order dated 7 March 2022 of a Division Bench of the High Court of Judicature at Bombay in Public Interest Litigation (L) No 9775 of 2020. India Law Library Docid # 1602885
(172) ARVIND KUMAR JAISWAL (D) THR. LR. Vs. DEVENDRA PRASAD JAISWAL VARUN [SUPREME COURT OF INDIA] 13-02-2023 In our opinion, the impugned judgment of the High Court remanding the case to the trial court by relying upon Section 33 and Order XX of the Code of Civil Procedure, 1908 (the 'Code'), overlooks the provisions of Rule 23, 23A, 24 and 25 of Order XLI of the Code. India Law Library Docid # 1602889
(173) SOMYA SANJAY AND OTHERS Vs. NATIONAL LAW UNIVERSITY TRIPURA AGARTALA AND OTHERS [SUPREME COURT OF INDIA] 13-02-2023 The counter affidavit has been filed by the National Law University (NLU), Tripura in WP(C) No. 41/2023 seeking to paint a picture as if the absence of any faculty and infrastructure was responsible for not carrying out the admissions. India Law Library Docid # 1602893
(174) PEOPLES UNION FOR CIVIL LIBERTIES (PUCL) AND ANOTHER Vs. THE STATE OF NAGALAND AND OTHERS [SUPREME COURT OF INDIA] 13-02-2023 We also have a separate I.A. D. NO. 30487/2023 filed by the State Election Commission which has given two options as the Schedule of programme for holding the elections at page 50 of the application. Learned Advocate General submits that he has obtained instructions and Option I is acceptable. The State Election Commission to proceed in accordance with option No. I and notify the elections. India Law Library Docid # 1602894
(175) M/S CANARA BANK AND OTHERS Vs. S REGHUKUMAR AND ANOTHER [SUPREME COURT OF INDIA] 13-02-2023 We do not find any reason to interfere with the order of the National Consumers Disputes Redressal Commission, New Delhi as we are satisfied with the reasoning given for awarding compensation of Rs. 5,00,000/- (Rupees five Lac). India Law Library Docid # 1602896
(176) ANNA MATHEWS AND OTHERS Vs. SUPREME COURT OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 10-02-2023 Constitution of India, 1950 - Article 217 - Appointment of judges to the High Courts - Scope and ambit of judicial review - Consultative process envisaged under Article 217(1) is to limit the judicial review, restricting it to the specified area, that is, eligibility, and not suitability - Judicial review lies when there is lack of eligibility or 'lack of effective consultation'. Judicial review does not lie on 'content' of consultation - While exercising power of judicial review cannot issue a India Law Library Docid # 1602687
(177) STATE OF HARYANA AND ANOTHER Vs. SUBHASH CHANDER AND OTHERS [SUPREME COURT OF INDIA] 10-02-2023 Land Acquisition - Determination of compensation - Land respect to the very village, the acquisition proceedings came to be initiated in the month of January, 2008, it will not be safe and/or prudent to grant the cumulative increase of 12%. In the facts and circumstances of the case and even considering the sale instances produced on record - If instead of 12% enhancement on Rs. 2,38,00,000/, 10% increase is accepted it can be said to be a just compensation and it may meet the ends of justice. India Law Library Docid # 1602690
(178) GAS POINT PETROLEUM INDIA LIMITED Vs. RAJENDRA MAROTHI AND OTHERS [SUPREME COURT OF INDIA] 10-02-2023 Civil Procedure Code, 1908 - Order 21 Rule 84 and 85 - Auction Sale - Deposit of 25% of the amount by the purchaser other than the decreeholder is mandatory and the full amount of the purchase money must be paid within fifteen days from the date of the sale - In case the payment is not made within the specified period, the court has the discretion to forfeit the deposit, but it is obligated to resell the property. India Law Library Docid # 1602691
(179) CENTRAL BOARD OF DAWOODI BOHRA COMMUNITY AND ANOTHER Vs. THE STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 10-02-2023 Constitution of India, 1950 - Article 26(b) - Right to Excommunicate - Protection under Article 26(b) granted by the decision in the case of Sardar Syedna Taher Saifuddin Saheb v. State of Bombay, (1962) Suppl. (2) SCR 496 : AIR 1962 SC 853 to the power to ex-communicate a member of the Dawoodi Bohra community, needs reconsideration as the said right is subject to morality which is understood as Constitutional morality - Exercise of balancing the rights under Article 26(b) with other rights unde India Law Library Docid # 1602692
(180) BAR COUNCIL OF INDIA Vs. BONNIE FOI LAW COLLEGE AND OTHERS [SUPREME COURT OF INDIA] 10-02-2023 Power of Bar Council of India to conduct pre-enrolment examination - Neither these provisions, nor the role of the universities to impart legal education, in any way, prohibit the Bar Council of India from conducting pre-enrolment examination, as the Council is directly concerned with the standard of persons who want to obtain a license to practice law as a profession. India Law Library Docid # 1602704