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(221) M/S. SOUTH INDIAN BANK LTD. AND OTHERS Vs. NAVEEN MATHEW PHILIP AND ANOTHER ETC. ETC. [SUPREME COURT OF INDIA] 17-04-2023
Constitution of India, 1950 - Article 226 - Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 13(2) - SARFAESI Matters - Power of High Court - Approaching the High Court for the consideration of an offer by the borrower is also frowned upon by this Court - A writ of mandamus is a prerogative writ - In the absence of any legal right, the Court cannot exercise the said power - More circumspection is required in a financial transaction, p
India Law Library Docid # 1603070

(222) IMPROVEMENT TRUST, ROPAR THROUGH ITS CHAIRMAN, ROPAR, PUNJAB Vs. SHASHI BALA AND ANOTHER [SUPREME COURT OF INDIA] 17-04-2023
Improvement Trust, Ropar [hereinafter, ‘the Trust’], is in appeal against the directions of the High Court of Punjab & Haryana, Chandigarh, to allot a plot under discretionary quota to Shashi Bala, a social worker. By order dated 13.05.2008, this Court granted stay and the same was made absolute on 10.08.2009
India Law Library Docid # 1603047

(223) RE PENSION BENEFITS FOR EMPLOYEES RETD. FROM HIGH COURT OF BOMBAY AT GOA Vs. STATE OF GOA AND OTHERS [SUPREME COURT OF INDIA] 17-04-2023
Constitution of India, 1950 - Article 32 - Suo Moto Writ Petition - Pensionary benefits - Grievance of the former employees of the High Court at Goa is that they are only in receipt of provisional pension and, despite the lapse of between three and seven years pursuant to their retirement, they have not received commutation of pension or other benefits till date - Earlier, it appears that a communication dated 9 February 2021 was addressed to the Chief Justice of India in which a report was call
India Law Library Docid # 1603260

(224) PEOPLES UNION FOR CIVIL LIBERTIES (PUCL) AND ANOTHER Vs. THE STATE OF NAGALAND AND OTHERS [SUPREME COURT OF INDIA] 17-04-2023
Constitution of India, 1950 - Article 371A - Nagaland Municipal Act, 2001 - Election - Reservation for women in municipal and town council elections - This Court would like ASG to assist us and place the stand of the Union of India whether the constitutional scheme of 1/3rd reservation for Municipalities and Town Councils, in the opinion of the Central Government can be violated by the process so adopted by the Nagaland Government - In the context that in respect of the special provisions with r
India Law Library Docid # 1603261

(225) C.C.E. AND S.T., SURAT-I Vs. BILFINDER NEO STRUCTO CONTRUCTION LTD. [SUPREME COURT OF INDIA] 17-04-2023
E-filing in ITAT - It would defeat the purpose if in addition to e-filing, the ITATs insist on filing of the appeals in the physical mode - This has to be discontinued since it imposes an unnecessary burden on litigants - If there is a training deficit in respect of the Members of the ITAT, this shall be attended to immediately so that all Members of the ITAT are equipped to handle e-filed cases.
India Law Library Docid # 1603263

(226) SABIR ALI KHAN Vs. SYED MOHD. AHMAD ALI KHAN AND OTHERS [SUPREME COURT OF INDIA] 13-04-2023
Waqf Act, 1995 - Section 52 - Limitation Act, 1963 - Section 27 - Even in regard to a proceeding under the Act be it Section 52 if as on the date the action is taken, the title in the property stood vested with the person in possession by virtue of Section 27 of the Limitation Act then it may not be permissible to ignore the right which had been acquired.
India Law Library Docid # 1603037

(227) NATIONAL INSURANCE CO. LTD. Vs. HARSOLIA MOTORS AND OTHERS [SUPREME COURT OF INDIA] 13-04-2023
Consumer Protection Act, 1986 - Section 2(1)(d) - Meaning of commercial purpose - Word "consumer" so defined does not include a person, who, in case of goods obtains such goods for resale or for any commercial purpose, or who, in case of service, avails of such services, for any commercial purpose - "Commercial purpose" does not include the use by the buyer of such goods or the person availing such service or services, exclusively for the purpose of earning his livelihood by means of self­employ
India Law Library Docid # 1603038

(228) PARSVNATH DEVELOPERS LTD. Vs. GAGANDEEP BRAR AND ANOTHER [SUPREME COURT OF INDIA] 13-04-2023
Flat Buyer Agreement - Clause 9(c) - Compensation in terms of clause 9(c) of the Flat Buyer Agreement is to be shared between the developer and the Chandigarh Housing Board in the ratio of 70:30 - Impugned orders passed by the National Commission and that of the State Commission are required to be modified to the extent holding the developer liable to pay compensation under clause 9(c) of the Flat Buyer Agreement to the extent of 70% and 30% liability would be upon the Chandigarh Housing Board.
India Law Library Docid # 1603039

(229) B. S. HARI COMMANDANT Vs. UNION OF INDIA & ORS.
R1: UNION OF INDIA, MINISTRY OF HOME AFFAIRS
R2: DIRECTOR GENERAL, BORDER SECURITY FORCE
R3: SHRI T CORREYA [SUPREME COURT OF INDIA] 13-04-2023
Constitution of India, 1950 - Article 14 - Penalty imposed must be commensurate with the gravity of the misconduct, and that any penalty disproportionate to the gravity of the misconduct would be violative of Article 14 of the Constitution - In the armed forces of the Union, including the paramilitary forces, utmost discipline, unity of command et al are the sine qua non - That said, the doctrine of proportionality still holds the field.
India Law Library Docid # 1603040

(230) SHIV MANGAL AHIRWAR Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 13-04-2023
Criminal Procedure Code, 1973 (CrPC) - Section 433A - Penal Code, 1860 - Section 302 read with Section 149 - Murder of three persons - Wrongful assembly with common object - Imprisonment for rest of life - Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed­term sentence by directing that a life sentence, as contemplated by "secondly" in Section 53 of the IPC, shall be of a fixed period
India Law Library Docid # 1603041

(231) GUJARAT URJA VIKAS NIGAM LIMITED AND OTHERS Vs. RENEW WIND ENERGY (RAJKOT) PRIVATE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 13-04-2023
Electricity Act, 2003 - Sections 62, 64 and 125 - Fraud or coercion - Re-determination of tariff for generation, supply, transmission and wheeling of electricity, wholesale, bulk or retail, as the case may be, within the State - To establish fraud or coercion, there should be (a) an express allegation of coercion or fraud, and (b) all the material facts in support of such allegations must be laid out in full and with a high degree of precision. In other words, if coercion or fraud is alleged, it
India Law Library Docid # 1603042

(232) KEVIN JOY AND OTHERS Vs. THE GOVERNMENT OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 13-04-2023
The present petition depicts a very sorry picture that 1003 precious super specialty seats are going to waste, inasmuch as nobody could be admitted on the said seats. On the one hand, we find that there is always a shortage of Super Specialty Doctors and on the other hand these precious seats remain unfilled.
India Law Library Docid # 1603275

(233) SITA RAM Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 12-04-2023
Penal Code, 1860 - Section 302 read with Section 34 - Murder - Acquittal - Failure of the prosecution to examine three independent eyewitnesses whose statements were recorded, becomes very relevant - Testimony of injured witnesses, cannot be believed, adverse inference will have to be drawn on account of the prosecution's failure to examine the three eyewitnesses - Prosecution has failed to prove the guilt of the appellant beyond a reasonable doubt - Hence, the conviction of the appellant under
India Law Library Docid # 1603019

(234) RADHEY SHYAM AND OTHERS Vs. STATE OF RAJASTHAN [SUPREME COURT OF INDIA] 12-04-2023
Penal Code, 1860 (IPC) - Section 148, 149 and 302 - Murder - Acquittal - Identity of the named accused as assailants of the deceased has not been established in the Court beyond a reasonable doubt - Then what remains is the evidence of the alleged recovery of the weapons of assault at the instance of the accused - Conviction cannot be sustained only on the basis of the alleged recovery - Appellants acquitted - Appeal allowed.
India Law Library Docid # 1603043

(235) JOLLY GEORGE AND ANOTHER Vs. GEORGE ELIAS AND ASSOCIATES AND OTHERS [SUPREME COURT OF INDIA] 12-04-2023
Kerala Micro Small and Medium Enterprises Facilitation Act, 2019 - Section 10 - Overriding effect - ection 10 of the Kerala MSME Act does not override the provisions of any of the pollution control laws such as Environment (Protection) Act, 1986, Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention and Control of Pollution) Act, 1974 - Kerala MSME Act overrides the 1994 Act and a few other local enactments - Once consent is taken from the Pollution Control Board, the necessity
India Law Library Docid # 1603044

(236) ANIL AGARWAL FOUNDATION ETC. ETC. Vs. STATE OF ORISSA AND OTHERS [SUPREME COURT OF INDIA] 12-04-2023
Land Acquisition Act, 1894 - Section 4(1) and 6 - Acquisition of lands - Dispute is with respect to the acquisition of about 6000 acres of land belonging to about 6000 families, affecting approximately 30,000 people - Land acquisition proceedings quashed - Lands were proposed to be acquired at the instance of one foundation / company and the State Government was dealing with the lands belonging to the agricultural landowners - Government is holding a public trust and has to deal with the lands b
India Law Library Docid # 1603045

(237) DR. S.M. MANSOORI (DEAD) THR. L.R. Vs. SUREKHA PARMAR AND OTHERS [SUPREME COURT OF INDIA] 12-04-2023
Penal Code, 1860 (IPC) - Sections 34, 147, 323, 498­A, 504, 506, 506(2) read with Section 34 - Dowry Prohibition Act, 1964 - Section 3 read with Section 4 - Framing of charges - In a dowry and cruelty to wife complaint Asst. Sub­Inspector (ASI) arrest and assault the appellant-husband and his family without any jurisdiction of Police Station - High Court proceeded to quash the charges framed against the Asst. Sub­Inspector (ASI) on the ground that a prior sanction under Section 197 of Cr.P.C. wa
India Law Library Docid # 1603064

(238) KEKHRIESATUO TEP ETC. Vs. NATIONAL INVESTIGATION AGENCY [SUPREME COURT OF INDIA] 12-04-2023
Unlawful Activities (Prevention) Act, 1967 - Sections 39, 40 and 43D(5) - Bail - At the stage of grant of bail, the prosecution has to prima facie establish that there was mens rea for committing the crime punishable under Sections 39 and 40 of the Unlawful Activities (Prevention) Act, 1967 - Additional requirement, as provided under sub-section (5) of Section 43D of the said Act is twin. The first one being that the public prosecutor has to be given an opportunity of being heard - Second one, t
India Law Library Docid # 1603065

(239) SEETHAMAL AND ANOTHER Vs. NARAYANASAMY AND OTHERS [SUPREME COURT OF INDIA] 12-04-2023
Civil Procedure Code, 1908 (CPC) - Sections 96 and 100 - Clubbing of proceedings - First appeal and second appeal arising out of two proceedings cannot be clubbed - In instant proceedings the nature of consideration in the Second Appeal as against a consideration to be made in the First Appeal were entirely different in as much as the reappreciation of the evidence and interference with the finding of the fact would arise only in the First Appeal and not in the Second Appeal.
India Law Library Docid # 1603245

(240) K. PHANINDRA REDDY, I.A.S. AND OTHERS Vs. G. SUBRAMANIAN [SUPREME COURT OF INDIA] 11-04-2023
RSS Route Marches in the State of Tamil Nadu - Permission to RSS (Rashtriya Swayamsevak Sangh) is granted - Special Leave Petition against the order of the Division Bench of Madras High Court directing the State Police to grant permission to RSS (Rashtriya Swayamsevak Sangh) is dismissed.
India Law Library Docid # 1603026

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