(241) THE DIRECTOR (ADMN. AND HR) KPTCL AND OTHERS Vs. C.P. MUNDINAMANI AND OTHERS [SUPREME COURT OF INDIA] 11-04-2023 Service Law - Benefit of annual increment - Merely because, the government servant has retired on the very next day, how can he be denied the annual increment which he has earned and/or is entitled to for rendering the service with good conduct and efficiently in the preceding one year - A government servant is granted the annual increment on the basis of his good conduct while rendering one year service. Increments are given annually to officers with good conduct unless such increments are with India Law Library Docid # 1603027
(242) SURENDRA SINGH Vs. STATE OF RAJASTHAN AND ANOTHER [SUPREME COURT OF INDIA] 11-04-2023 Penal Code, 1860 (IPC) - Section 302/149 - Murder - Appeal against acquittal - If an offence is committed by any member of unlawful assembly in prosecution of the common object of that assembly, every person who, at the time of that offence, is a member of the same assembly, is guilty of that offence - High Court has seriously erred in observing that no case is made out to invoke Section 149 IPC - As per the medical opinion and the deposition of doctor the death occurred due to injury from the s India Law Library Docid # 1603028
(243) HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (HSIIDC) & OTHERS Vs. M/S HONEYWELL INTERNATIONAL (INDIA) PVT. LTD. [SUPREME COURT OF INDIA] 11-04-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - High Court has not considered the other grounds challenging the acquisition/acquisition proceedings under the Act, 1894 on merits, though were the subject matter of writ petitions and has disposed of the writ petitions only on the deemed lapse under Section 24(2) of the Act, 2013, the matters are required to be remanded to the High Court India Law Library Docid # 1603029
(244) DELHI DEVELOPMENT AUTHORITY Vs. SURENDER SINGH AND OTHERS [SUPREME COURT OF INDIA] 11-04-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - In case possession has been taken, compensation has not been paid then there is no lapse - Similarly, if compensation has been paid, possession has not been taken then there is no lapse. India Law Library Docid # 1603030
(245) MURTI SHRI DURGA BHAWANI (HETUWALI) TRUST AND ANOTHER Vs. SH. DIWAN CHAND (DEAD) THROUGH LRS AND OTHERS [SUPREME COURT OF INDIA] 11-04-2023 Civil Suit - Title to property - Decree of Trial Court was set aside primarily on the ground that appellants had failed to prove their title to the property - Appeal against - The only issue on which the appellants have been non-suited is that the respondents are not in possession of any part of Khasra No. 4833 as the property in their possession is different - However, on that issue as well, the findings recorded by the lower Appellate Court as well as the High Court are perverse if considered India Law Library Docid # 1603031
(246) LAND AND BUIILDING DEPARTMENT THROUGH SECRETARY AND ANOTHER Vs. ATTRO DEVI AND OTHERS [SUPREME COURT OF INDIA] 11-04-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - In case possession has been taken, compensation has not been paid then there is no lapse - Similarly, if compensation has been paid, possession has not been taken then there is no lapse. India Law Library Docid # 1603032
(247) AJMER SINGH AND OTHERS Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 11-04-2023 Penal Code, 1860 (IPC) - Sections 148, 323, 325 and 307 read with Section 149 - Free fight - Conviction and sentence - Challenged - Dispute was with regard to the use of passage by the appellants which the complainant party was claiming to be its own - There is a decree in a civil case filed by the complainant party immediately after the incident, in which it was held that the passage belongs to the Gram Panchayat and reserved for Rafiamm - Where both the parties suffered injuries in free fight India Law Library Docid # 1603033
(248) PANCHRAM Vs. THE STATE OF CHHATTISGARH AND ANOTHER [SUPREME COURT OF INDIA] 11-04-2023 Penal Code, 1860 (IPC) - Sections 307, 341 and 506B - Attempt to murder - Conviction and sentence - Challenged - Accused-appellant doing the work of a tailoring - Weapon used is a scissors which is not a normal weapon of offence in case there is any intention to cause death - With the evidence on record and the kind of weapon used, the offence will not fall within Section 307 IPC - From the reasons for fight as are emerging on record, it doesn't seem to be pre-planned act - It, at the most, can India Law Library Docid # 1603034
(249) THE GOVERNMENT OF TAMIL NADU AND ANR. ETC. ETC. Vs. TAMIL NADU MAKKAL NALA PANIYALARGAL AND ORS. ETC. ETC. [SUPREME COURT OF INDIA] 11-04-2023 Service Law - In absence of sanctioned post, the State cannot be compelled to create the post and absorb the persons who are continuing in service of the State - Courts cannot direct for creations of posts - Creation and sanction of posts is a prerogative of the executive or legislative authorities and the court cannot arrogate to itself this purely executive or legislative function, and direct creation of posts in any organisation. India Law Library Docid # 1603035
(250) MOHD. SHARIQ Vs. PUNJAB NATIONAL BANK AND OTHERS [SUPREME COURT OF INDIA] 11-04-2023 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 13(2) - If someone has been called upon to participate in the bidding process, the facts must be made clear to the parties for the reason that there is always a high variance between market realizable value and the distress value of the mortgaged property when put to public auction under the provisions of the Act, 2002. India Law Library Docid # 1603036
(251) LEGAL REPRESENTATIVE OF BHAGWANI DEVI, BHARAT BHUSAN Vs. THE STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 11-04-2023 Rajasthan Colonization Act, 1954 - Section 13-A - Transfer of land - Restrictions on alienation in so far as the property in question is concerned was brought into effect vide notification dated 30.11.1971 - Subsequent notification dated 03.10.1985, notification dated 30.11.1971 has been repealed, thereby removing the restrictions - Insofar as 1991 notification is concerned, a perusal thereof would reveal that vide the said notification the State Government excludes the operation of the said Ac India Law Library Docid # 1603063
(252) G. NAGARAJ AND ANOTHER. Vs. B.P. MRUTHUNJAYANNA AND OTHERS [SUPREME COURT OF INDIA] 11-04-2023 Civil Procedure Code, 1908 (CPC) - Order 7 Rule 11 - Rejection of plaint - For dealing with an application under Rule 11 of Order VII of CPC, only the averments made in the plaint and the documents produced along with the plaint are required to be seen - Defence of the defendants cannot be even looked into - When the ground pleaded for rejection of the plaint is the absence of cause of action, the Court has to examine the plaint and see whether any cause of action has been disclosed in the plain India Law Library Docid # 1603259
(253) SHIVAPPA ETC. ETC. Vs. THE CHIEF ENGINEER AND OTHERS [SUPREME COURT OF INDIA] 11-04-2023 Acquisition of land - Reduction of compensation - Appeal against - State or its instrumentalities cannot be permitted to adopt an attitude of pick and choose - If the State has accepted the award of the Reference Court in respect of some of the claimants, it cannot be permitted to adopt a different treatment to the other claimants - Such an attitude smacks of patent discrimination - Order of reference Court has granted compensation at the rate of Rs.4,61,250/- per acre. is restored - Appeal allo India Law Library Docid # 1603267
(254) CENTRAL BUREAU OF INVESTIGATION Vs. VIKAS MISHRA @ VIKASH MISHRA [SUPREME COURT OF INDIA] 10-04-2023 Criminal Procedure Code, 1973 (CrPC) - Section 167(2) - Default bail - Appeal against - In the case of Central Bureau of Investigation v. Anupam J. Kulkarni, (1992) 3 SCC 141, this Court observed that there cannot be any police custody beyond 15 days from the date of arrest requires to re-consideration - No accused can be permitted to play with the investigation and/or the court's process. No accused can be permitted to frustrate the judicial process by his conduct - It cannot be disputed that t India Law Library Docid # 1603004
(255) THE REGISTRAR GENERAL, HIGH COURT OF KARNATAKA AND ANOTHER Vs. SRI M. NARASIMHA PRASAD [SUPREME COURT OF INDIA] 10-04-2023 Judicial Service - Dismissal - A judicial officer cannot pronounce the concluding portion of his judgment in open court without the entire text of the judgment being prepared/dictated - Penalty of dismissal from service upheld. India Law Library Docid # 1603005
(256) KA RAUF SHERIF Vs. DIRECTORATE OF ENFORCEMENT AND OTHERS [SUPREME COURT OF INDIA] 10-04-2023 Criminal Procedure Code, 1973 (CrPC) - Sections 167(2) and 406 - Prevention of Money-laundering Act, 2002 - Section 65 - Transfer of case - In any case, the lack of jurisdiction of a Court to entertain a complaint can be no ground to order its transfer - A congenital defect of lack of jurisdiction, assuming that it exists, inures to the benefit of the accused and hence it need not be cured at the instance of the accused to his detriment - An order under Section 167(2) of the Code had to be passe India Law Library Docid # 1603006
(257) DR. S.M. MANSOORI (DEAD) THR. L.R. Vs. SUREKHA PARMAR AND OTHERS [SUPREME COURT OF INDIA] 10-04-2023 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 # 1603007
(258) NTPC LIMITED Vs. M/S SPML INFRA LIMITED [SUPREME COURT OF INDIA] 10-04-2023 Arbitration and Conciliation Act, 1996 - Section 11(6) - Reference to arbitration - Jurisdiction - While exercising jurisdiction under Section 11(6) of the Act, is not expected to act mechanically merely to deliver a purported dispute raised by an applicant at the doors of the chosen arbitrator - This is a case where the High Court should have exercised the prima facie test to screen and strike down the ex-facie meritless and dishonest litigation - These are the kinds of cases where the High Cou India Law Library Docid # 1602987
(259) M/S RECKITT BENCKISER (INDIA) LIMITED Vs. COMMISSIONER COMMERCIAL TAXES AND OTHERS [SUPREME COURT OF INDIA] 10-04-2023 Kerala Value Added Tax Act, 2003 - Entry 36(8)(h)(vi) Schedule III - Dettol is used as an antiseptic and is used in hospitals for surgical use, medical use and midwifery due to therapeutic & prophylactic properties the same would fall under Entry 36(8) (h) (vi). India Law Library Docid # 1602993
(260) M/S US TECHNOLOGIES INTERNATIONAL PRIVATE LIMITED Vs. THE COMMISSIONER OF INCOME TAX [SUPREME COURT OF INDIA] 10-04-2023 Income Tax Act, 1961 - Section 271C - Penalty for failure to deduct tax at source - There shall not be any penalty leviable under Section 271C on mere delay in remittance of the TDS after deducting the same by the concerned assessee. India Law Library Docid # 1602994