(21) SOLOMON SELVARAJ AND OTHERS Vs. INDIRANI BHAGAWAN SINGH AND OTHERS [SUPREME COURT OF INDIA] 02-12-2022 Civil Procedure Code, 1908 - Order 33 Rule 1 - Application for permission to sue as an indigent person has to be rejected and could not be allowed if the allegations in the plaint could not show any cause of action - When having prima facie found that the plaint does not disclose any cause of action and the suit is barred by res judicata it cannot be said that the learned Trial Court committed any error in rejecting the application to sue as indigent persons India Law Library Docid # 1602408
(22) GOVERNMENT OF NCT OF DELHI AND ANOTHER Vs. MOHD. ZUBAIR AND ANOTHER [SUPREME COURT OF INDIA] 02-12-2022 Land Acquisition Act, 1894 - Section 4 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings Order - Appeal against - Order declaring that the acquisition proceedings under the Act, 1894 with respect to the land in question is deemed to have lapsed under Section 24(2) of the Act, 2013 on the ground that the compensation was not tendered to the original writ petitioner is unsustainable - Appe India Law Library Docid # 1602409
(23) GOVERNMENT OF NCT OF DELHI AND ANOTHER Vs. KARAMPAL AND ANOTHER [SUPREME COURT OF INDIA] 02-12-2022 Land Acquisition Act, 1894 - Section 4 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings Order - Appeal against - Solely relying upon the decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183 and solely on the ground that the compensation was not paid or tendered in accordance with law, the High Court has dec India Law Library Docid # 1602410
(24) GOVERNMENT OF NCT OF DELHI AND ANOTHER Vs. SUDESH VERMA AND ANOTHER [SUPREME COURT OF INDIA] 02-12-2022 Land Acquisition Act, 1894 - Section 4 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - When due to pendency of the land acquisition proceedings, the possession could not be taken over, thereafter, it will not be open for the landowners to contend that as the possession was not taken over, the land acquisition proceedings be deemed to have lapsed under Section 24(2) of the Act, 2013. India Law Library Docid # 1602411
(25) SUNITA DEVI AND ANOTHER Vs. THE STATE OF HARYANA [SUPREME COURT OF INDIA] 02-12-2022 Anticipatory bail - Cheating in land related transactions - There is no allegation as regards their participation in investigation - Custodial interrogation would not be necessary at this stage - Anticipatory bail petition allowed - In the event the appellants refuse to cooperate with the investigating agency at any subsequent stage, it shall be open to the State to apply for cancellation of the bail before the Trial Court. India Law Library Docid # 1602415
(26) SUNEETHA NARREDDY AND ANOTHER Vs. THE CENTRAL BUREAU OF INVESTIGATION AND OTHERS [SUPREME COURT OF INDIA] 29-11-2022 Constitution of India, 1950 - Articles 21 and 32 - Transfer of Criminal Trial to CBI Special Court, Andhra Pradesh to CBI Special Court, Hyderabad or CBI Special Court, New Delhi - Murder of former AP Minister - Considering the facts and circumstances, it cannot be said that apprehension on the part of the petitioners being daughter and wife of the deceased that there may not be a fair trial and that there may not be any independent and fair investigation with respect to further investigation o India Law Library Docid # 1602400
(27) SANSERA ENGINEERING LIMITED Vs. DEPUTY COMMISSIONER, LARGE TAX PAYER UNIT, BENGALURU [SUPREME COURT OF INDIA] 29-11-2022 Central Excise Act, 1944 - Section 11B - Central Excise Rules, 2002 - Rule 18 - Rebate of duty - While making claim for rebate of duty under Rule 18 of the Central Excise Rules, 2002, the period of limitation prescribed under Section 11B of the Central Excise Act, 1944 shall have to be applied and applicable - Merely because in Rule 18 of the 2002 Rules, which is an enabling provision for grant of rebate of duty, there is no reference to Section 11B of the Act and/or in the notification dated 6. India Law Library Docid # 1602401
(28) MUKESH KUMAR Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 29-11-2022 Pharmacy - Fake Pharmacist - Under the provisions of the Pharmacy Act, 1948 as well as the Pharmacy Practice Regulations, 2015, it is the duty cast upon the Pharmacy Council and the State Government to see that the hospitals/medical stores, etc., are not run by the fake pharmacist and are run by the registered pharmacist only - State Government and the State Pharmacy Council cannot be permitted to play with the health and life of the citizen - Matter is remanded to the High Court to consider the India Law Library Docid # 1602402
(29) RAMESH CHANDRA GUPTA Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 28-11-2022 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Quashing of Complaint/FIR - Complaint on the basis of which FIR came to be registered at the instance of the de-facto complainant does not disclose any act of the accused or their participation in the commission of crime - Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the a India Law Library Docid # 1602399
(30) STATE OF U.P. AND OTHERS Vs. VIRENDRA KUMAR AND OTHERS [SUPREME COURT OF INDIA] 25-11-2022 Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 - Section 94(1)(nn) and 95(1)(f) - Pension Scheme - State Government can always exercise the powers under clause (nn) of subsection (1) Section 94 of the 1965 Act for determining the conditions of service of the officers (other than the Housing Commissioner) and employees of the Board - If such power is exercised, those provisions of the Regulations framed under clause (f) of subsection (1) of Section 95 which are repugnant to the Rules, sha India Law Library Docid # 1602398
(31) STATE OF MADHYA PRADESH AND ANOTHER Vs. RADHESHYAM AND OTHERS [SUPREME COURT OF INDIA] 24-11-2022 Acquisition of land - If there is a large tract of land under acquisition but is capable of being used for the purpose for which smaller plots are used and is situate in a fully developed area with little or no requirement of any further development to be made, there would be no need for deduction of the value. Similarly, when all civic and other amenities are to be provided to make the land under acquisition suitable for the purpose for which it is being acquired setting aside some part of the India Law Library Docid # 1602394
(32) PARIVAR SEVA SANSTHA Vs. AHMEDABAD MUNICIPAL CORPORATION [SUPREME COURT OF INDIA] 24-11-2022 Gujarat Provincial Municipal Corporations Act, 1949 - Sections 129 and 132 - Exemption from payment of general tax - There is hardly any scope to urge and argue that clause (b) to sub-section (1) of Section 132 of the GPMC Act, which relates to and grants exemption from payment of general tax when rateable value is computable under Section 129 read with Section 132 of the GPMC Act India Law Library Docid # 1602395
(33) GOVT. OF NCT OF DELHI AND ANOTHER Vs. SHIV DUTT SHARMA AND ANOTHER [SUPREME COURT OF INDIA] 24-11-2022 Land Acquisition Act, 1894 - Section 31(1) - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of land acquisition proceedings - In case a person has been tendered the compensation as provided under Section 31(1) of the 1894 Act, it is not open to him to claim that acquisition has lapsed under Section 24(2) due to non-payment or non-deposit of compensation in court. The obligation to pay is complete by tendering th India Law Library Docid # 1602386
(34) THE SECRETARY, THE DEPARTMENT OF LAND AND BUILDING AND ORS. Vs. ANJEET SINGH (DEAD) THROUGH LRS. AND ANOTHER [SUPREME COURT OF INDIA] 24-11-2022 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of land acquisition proceedings - Purpose of deemed lapse of land acquisition proceedings under Section 24(2) of the 2013 Act, both the conditions namely the possession of land has not been taken over and the compensation not paid are required to be satisfied India Law Library Docid # 1602387
(35) CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, THANE AND OTHERS Vs. SANTOSH TUKARAM TIWARE AND OTHERS [SUPREME COURT OF INDIA] 24-11-2022 Service Law - Regularization - Merely because employee continued in service for longer period on contractual basis the High Court ought not to have passed the order of regularization more particularly, when a policy decision was taken to avail the services of the driver by the agency/contractor and that the appointment of employee and other similarly situated drivers was not made after any selection procedure - High Court has committed a very serious error in ordering regularization - Appeal all India Law Library Docid # 1602388
(36) MAHARASHTRA RAJYA VADAR SAMAJ SANGH Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 24-11-2022 Maharashtra Land Revenue (Extraction and Removal of Minor Minerals) Rules, 1968 - Rule 4A - If any lease is not renewed in individual case and/or any action is taken against individual and if any person is aggrieved, he can take recourse to law - On a fair reading of Rule 4A it provides that the family of Vadar community for the purpose of its traditional profession of stone crushing by hand can remove stone up to 200 brass annually, from any private land or un-assessed Government waste not assi India Law Library Docid # 1602389
(37) MRS. RAMANI Vs. THE TAMIL NADU SLUM-CLEARANCE BOARD AND OTHERS [SUPREME COURT OF INDIA] 24-11-2022 Colony Scheme - Cancellation of allotment - Development scheme is meant for reasonable accomplishment of the statutory object which is to promote the orderly development of the city - When the allotment has been cancelled having found it to be illegal and contrary to the sanctioned layout in the scheme by the Chennai Metropolitan Development Authority and thereafter, when the construction put up is found to be unauthorized, the petitioner cannot claim any equity - Plot in question was reserved/e India Law Library Docid # 1602390
(38) THE COMMISSIONER OF INCOME TAX - 23 Vs. M/S. MANSUKH DYEING AND PRINTING MILLS [SUPREME COURT OF INDIA] 24-11-2022 Income Tax Act, 1961 - Section 45(4) - Capital gains - Assets revalued and the credit into the capital accounts of the respective partners can be said to be "transfer" and which fall in the category of "OTHERWISE" and therefore, the provision of Section 45(4) inserted by Finance Act, 1987 w.e.f. 01.04.1988 shall be applicable. India Law Library Docid # 1602391
(39) UNION OF INDIA AND OTHERS @PPELLANT Vs. SUBRATA NATH [SUPREME COURT OF INDIA] 23-11-2022 Service Law - Dismissal - CISF Constable - Gross negligence and dereliction of duty - Theft of 800 kgs. copper wires from the spot where he was performing his duty - Constable did not mend his ways during thirteen years of service rendered by him and was awarded eight punishments for various delinquencies out of which, three punishments included stoppage of increment on two occasions for one year without cumulative effect twice and stoppage of increment for two years without cumulative effect on India Law Library Docid # 1602396
(40) THE TATA POWER COMPANY LIMITED TRANSMISSION Vs. MAHARASHTRA ELECTRICITY REGULATORY COMMISSION AND OTHERS [SUPREME COURT OF INDIA] 23-11-2022 Electricity Act, 2003 - Sections 61, 62 and 63 - Determination of tariff - Electricity Act 2003 provides the States sufficient flexibility to regulate the intra-state transmission systems, wherein the Appropriate State Commissions possess the power to determine and regulate tariff. The Electricity Act 2003 seeks to distance the State Governments from the determination and regulation of tariff, placing such power completely within the ambit of the Appropriate Commissions India Law Library Docid # 1602392