(41) UNION OF INDIA AND OTHERS Vs. M/S. UNION CARBIDE CORPORATION AND OTHERS [SUPREME COURT OF INDIA] 14-03-2023 Bhopal Gas Leak Disaster - Plea seeking an additional compensation - While sympathize with the victims of the awful tragedy, unable to disregard settled principles of law, particularly at the curative stage - Mere sympathy for the sufferers does not enable us to devise a panacea; more so while looking into the nature of dispute, and the multifarious occasions on which this Court has applied its mind to the settlement - The very basis for the original settlement was the need to provide immediate India Law Library Docid # 1602836
(42) MANOJ KUMAR JINDAL Vs. RAJNI MAHAJAN AND OTHERS [SUPREME COURT OF INDIA] 14-03-2023 Service Law - Promotion - ACRs only up to the year the vacancy arose should have been considered or it should be up to the date of holding of Departmental Promotion Committee (DPC). But the fact remains that the respondent no.1 was promoted way back in the year 2007. More than 15 years have elapsed - She was otherwise also senior to the appellant in the cadre of lecturers and there may have been further promotions of both the parties as well as in the department where they are working - Any orde India Law Library Docid # 1602824
(43) UNION OF INDIA THROUGH LAND ACQUISITION COLLECTOR Vs. RAJESH KUMAR AND OTHERS [SUPREME COURT OF INDIA] 13-03-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Appeal against - Applying the law laid down by this Court in the case of Indore Development Authority vs. Manoharlal and Ors., (2020) 8 SCC 129 to the facts of the case on hand and more particularly, when even the original writ petitioner also admitted that the possession of the land in question was taken on 22.09.1997, there shall not be India Law Library Docid # 1602804
(44) GOVERNMENT OF NCT OF DELHI AND ANOTHER Vs. DAYANAND AND ANOTHER [SUPREME COURT OF INDIA] 13-03-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Land Acquisition Act, 1894 - Section 12(2) - Lapse of acquisition proceedings - Appeal against - Notice under Section 12(2) of the LA Act was issued and served upon the original writ petitioner but he did not collect the compensation and therefore, the same was again sent to the India Law Library Docid # 1602805
(45) RAJENDRA KUMAR SHRIVAS Vs. STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 13-03-2023 Service Law - District Judges Appointment - Only 10% seats are to be filled up by limited departmental competitive examination - Any appointment beyond 10% seats filled up by limited departmental competitive examination therefore shall have to be considered appointment excess in quota. India Law Library Docid # 1602806
(46) LAND ACQUISITION COLLECTOR AND ANOTHER Vs. ASHOK KUMAR AND OTHERS [SUPREME COURT OF INDIA] 13-03-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Even when the Act, 2013 came into force the stay order continued to operate and due to which the possession of the land in question could not be taken, there shall be no deemed lapse under Section 24(2) of the Act, 2013. India Law Library Docid # 1602807
(47) GOVT. OF NCT OF DELHI AND ANOTHER Vs. MANJEET KAUR AND ANOTHER [SUPREME COURT OF INDIA] 13-03-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Subsequent purchaser has no locus to claim lapse of acquisition proceedings. India Law Library Docid # 1602808
(48) GOVERNMENT OF NCT OF DELHI Vs. SIDDHARTH KAPOOR AND OTHERS [SUPREME COURT OF INDIA] 13-03-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Appeal against - Relying upon the earlier decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183, the High Court has allowed the writ petition and has declared that the acquisition with respect to the land in question is deemed to have lapsed under Section 24( India Law Library Docid # 1602809
(49) GOVERNMENT OF NCT OF DELHI AND OTHERS Vs. JAI PAL [SUPREME COURT OF INDIA] 13-03-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Appeal against - When the original respondents claimed that the possession of the land in question was taken on 11.07.2008, there shall not be any deemed lapse under Section 24(2) of the Act, 2013 - Under the circumstances, the impugned judgment and order passed by the High Court is unsustainable and the same deserves to be quashed and se India Law Library Docid # 1602811
(50) THE STATE OF KARNATAKA Vs. M/S ECOM GILL COFFEE TRADING PRIVATE LIMITED [SUPREME COURT OF INDIA] 13-03-2023 Karnataka Value Added Tax Act, 2003 - Section 70 - Burden of proof - Burden of proving that the ITC claim is correct lies upon the purchasing dealer claiming such ITC - Burden of proof that the ITC claim is correct is squarely upon the assessee who has to discharge the said burden - Merely because the dealer claiming such ITC claims that he is a bona fide purchaser is not enough and sufficient - Burden of proving the correctness of ITC remains upon the dealer claiming such ITC India Law Library Docid # 1602812
(51) GOVERNMENT OF NCT OF DELHI AND ANOTHER Vs. M/S. BEADS PROPERTIES PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 13-03-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Subsequent purchaser has no locus to challenge the acquisition/lapsing of the acquisition. India Law Library Docid # 1602813
(52) LAND ACQUISITION COLLECTOR AND ANOTHER Vs. B.S. DHILLON AND OTHERS [SUPREME COURT OF INDIA] 13-03-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Appeal against - Relying upon the earlier decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183, the High Court has allowed the writ petition and has declared that the acquisition with respect to the land in question is deemed to have lapsed under Section 24( India Law Library Docid # 1602814
(53) CAPTAIN PRAMOD KUMAR BAJAJ Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 03-03-2023 Service Law - Pre-mature retirement - Physical disability suffered in the course of Army operations - Released from service - Appellant qualified the Civil Services Examination and was appointed as an Officer and allocated to the 1990 Batch in the Indian Revenue Service - It may be noted here that the mechanism in place within the department for arriving at a conclusion as to who amongst the Group-A Officers in the CBDT deserve to be prematurely retired, starts with an assessment to be conducted India Law Library Docid # 1602801
(54) MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Vs. ADANI POWER MAHARASHTRA LIMITED AND OTHERS [SUPREME COURT OF INDIA] 03-03-2023 Electricity Act 2003 - Grant of "Change in Law" compensation to power production companies - Generators would be entitled to pass-through for the coal required to be imported or purchased from the open market on the ground of Change in Law - Recently, this Court, in the case of Central Warehousing Corporation v. Adani Ports Special Economic Zone Limited (APSEZL) and others, 2022 SCC OnLine SC 1398, has deprecated the practice of different instrumentalities of the State taking contradictory/diffe India Law Library Docid # 1602782
(55) AUTHUM INVESTMENT AND INFRASTRUCTURE LIMITED Vs. R.K. MOHATTA FAMILY TRUST AND OTHERS [SUPREME COURT OF INDIA] 03-03-2023 Constitution of India, 1950 - Article 142 - Resolution process - A different voting mechanism proposed under the SEBI Circular will further delay the resolution process and potentially disrupt the efforts undertaken by the stakeholders, including the retail debenture holders - Such unscrambling of the resolution process will not only prove time consuming but may also adversely affect the agreed realized gains to the retail debenture holders, who have already consented to the negotiated settlemen India Law Library Docid # 1602788
(56) NIKHIL CHANDRA MONDAL Vs. STATE OF WEST BENGAL [SUPREME COURT OF INDIA] 03-03-2023 Penal Code, 1860 - Section 302 - Murder - Acquittal - If two reasonable conclusions are possible on the basis of the evidence on record, the Appellate Court should not disturb the finding of acquittal recorded by the trial court - Scope of interference in an appeal against acquittal is very well crystalised - Unless such a finding is found to be perverse or illegal/impossible, it is not permissible for the appellate Court to interfere with the same - Impugned judgment and order passed by the Hig India Law Library Docid # 1602790
(57) MURULY M. S. Vs. THE STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 03-03-2023 PIL - Transfer of elephants from one state to another state - Though the scope and jurisdiction of the High Powered Committee was limited by the High Court to transfer of the elephants from Northeast part of the country to the elephant camp of Radha Krishna Temple Elephant Welfare Trust - No reason not to extend it to Pan India, particularly, when by extending the jurisdiction of High Powered Committee at Pan India level will not only serve the real public interest and would advance the cause of India Law Library Docid # 1602791
(58) GURJIT SINGH (D) THROUGH LRS Vs. UNION TERRITORY, CHANDIGARH AND OTHERS [SUPREME COURT OF INDIA] 03-03-2023 Auction platform - Right of - Merely because a person is having a licence and doing business in a particular shop, he is not entitled to the auction platform as a matter of right and that too, in front of and/or adjacent to his shop. India Law Library Docid # 1602792
(59) INDORE DEVELOPMENT AUTHORITY Vs. BURHANI GRIH NIRMAN SAHAKARI SANSTHA MARYADIT SNEH NAGAR AND OTHERS [SUPREME COURT OF INDIA] 03-03-2023 Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 - Sections 50, 54 and 56 - M.P. Nagar Tatha Gran Nivesh Niyam, 1975 - Rule 19 - Lapse of land acquisition - As per section 56 of the Adhiniyam r/w Rule 19 and for the purposes of land acquisition under section 56 of the Adhiniyam, within three years from the date of publication of the final town development scheme under section 50, the Town and Country Development Authority shall proceed to acquire the land required for the implementation of India Law Library Docid # 1602793
(60) THE STATE OF HARYANA AND OTHERS Vs. SATPAL AND OTHERS [SUPREME COURT OF INDIA] 03-03-2023 Removal of encroachment - Unauthorized occupation and possession of the land, which is reserved for the school and the playground, cannot be directed to be legalized - There cannot be any school without playground - Even the students, who study in such a school are entitled to a good environment. India Law Library Docid # 1602794