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(41) M.P. RAJYA TILHAN UTPADAK SAHAKARI SANGH MARYADIT, PACHAMA, DISTRICT SEHORE AND OTHERS Vs. M/S. MODI TRANSPORT SERVICE [SUPREME COURT OF INDIA] 11-05-2022
Civil Procedure Code, 1908 (CPC) - Order 26 Rule 9 - Commissions to make local investigations - Order XXVI Rule 9 of the Code gives wide powers to the court to appoint a commissioner to make local investigations which may be requisite or proper for elucidating any matter in dispute, ascertaining the market value of any property, account of mesne profit or damages or annual net profits.

(42) DR. JACOB K. DANIEL Vs. MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS AND ANOTHER [SUPREME COURT OF INDIA] 11-05-2022
Service Law - Pensionary benefits - All developments are indicative that the appointment of the appellant was not on any temporary basis but it was a permanent appointment in the University - Since the appellant has retired, all the retiral and pensionary benefits shall be computed on the basis that he was in permanent employment of the University.

(43) NAMAN VERMA Vs. THE DIRECTOR, THE INDIAN INSTITUTE OF TECHNOLOGY BOMBAY AND OTHERS [SUPREME COURT OF INDIA] 11-05-2022
Rights of Persons with Disabilities Act, 2016 - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Entitlement - It must be mentioned that 1995 Act now stands replaced by the Rights of Persons with Disabilities Act, 2016 - Provisions of the 2016 Act in any event of the matter, the entitlement of the appellant is certainly made out.

(44) SURESH MAHAJAN Vs. STATE OF MADHYA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 10-05-2022
Madhya Pradesh Municipal Act, 1956 - Section 10(1) - Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 - Sections 12, 23 and 30 - Madhya Pradesh Municipalities Act, 1961 - Elections of local bodies - Section 29 - Process of delimitation work and/or triple test compliance is a continuous, complex, time consuming and more so without any timeline (directly linked to the expiry of the term of the outgoing elected body) - Whereas, the conduct of elections for installing newly elected body

(45) SAVITA AMBADAS KULKARNI Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 10-05-2022
The Special Leave Petition was rejected after hearing learned counsel for the parties. The grounds raised in the Review Petition do not make out any error apparent on record to justify interference.

(46) BILTU BHATTACHARYA Vs. STATE OF WEST BENGAL [SUPREME COURT OF INDIA] 10-05-2022
Penal Code, 1860 (IPC) - Sections 302 read with 120-B - Arms Act, 1959 - Section 27(3) - Murder - Conviction and sentence rightly recorded by both the courts below - Not find any error apparent on record to justify interference - Review Petition dismissed.

(47) RAM CHANDRA Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 10-05-2022
Uttar Pradesh State Universities Act, 1973 - Section 31 - Termination - Selection of the appellant was done after following the selection procedure as prescribed by the 1973 Act - Appellant had served for a period of 12 years before the order directing his termination was passed by Chancellor - Termination of appellant is not sustainable in law.

(48) REKHA JAIN Vs. THE STATE OF KARNATAKA AND ANOTHER [SUPREME COURT OF INDIA] 10-05-2022
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Section 420 - Quashing of criminal proceedings - Allegations of dishonest inducement and cheating - As per Section 420 of IPC, whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, can be said to have committed the offence under Section 420 of IPC - Therefore, to make out a case against a person for the offence under Section 420 of IPC, there must be a dishonest induc

(49) RESHMA SULTANA Vs. THE STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 10-05-2022
Service Law - Cancellation of appointment - Post of Urdu Teacher - Entire selection process/recruitment process was found to be fraudulent and it was found that there was a manipulation in the resolution and as such no resolution was passed to appoint - Order of cancellation of appointment upheld.

(50) GOMANTAK MAZDOOR SANGH Vs. STATE OF GOA AND ANOTHER [SUPREME COURT OF INDIA] 10-05-2022
Minimum Wages Act, 1948 - Section 10 - Correction of errors - Only the clerical or arithmetical mistakes in any order fixing or revising minimum rates of wages can be corrected - Therefore, in the present case, assuming that the State was having the power to amend, vary or rescind the notification in exercise of powers under Section 21 of the General Clauses Act, in that case also, when the earlier notification was issued after following the due procedure as required under Sections 4 and 5 of th

(51) NEDUMPILLI FINANCE COMPANY LIMITED Vs. STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 10-05-2022
Reserve Bank of India Act, 1934 - Chapter III B - Kerala Money Lenders Act, 1958 and the Gujarat Money Lenders Act, 2011 will have no application to Non­Banking Financial Companies (NBFCs) registered under the Reserve Bank of India Act, 1934 and regulated by Reserve Bank of India.

B. Reserve Bank of India Act, 1934 - Section 45­Q - Chapter IIIB to override other Laws - States of Gujarat and Kerala cannot contend that the laws made by them are in addition to the provisions of Chapter III­B.

(52) VEENA SINGH (DEAD) THROUGH LR Vs. THE DISTRICT REGISTRAR/ADDITIONAL COLLECTOR (F/R) AND ANOTHER [SUPREME COURT OF INDIA] 10-05-2022
Registration Act, 1908 - Section 35, 35(3)(a), 73, 74, 76 and 77 - Execution of document - The "execution" of a document does not stand admitted merely because a person admits to having signed the document - Such an interpretation accounts for circumstances where an individual signs a blank paper and it is later converted into a different document, or when an individual is made to sign a document without fully understanding its contents - Adopting a contrary interpretation would unfairly put the

(53) UNIVERSITY OF DELHI Vs. SMT. SHASHI KIRAN AND OTHERS ETC. [SUPREME COURT OF INDIA] 10-05-2022
Service Law - Extension for exercising the switchover from CPF to GPF - When the Pension Regulations and the GPF Scheme are read together, the necessary conclusion is that an employee must give his option for either continuing to be a member of the CPF Scheme or to switch over to the Pension and GPF Scheme - An employee had no inherent right to demand extension for exercising the switchover option.

(54) MIHAN INDIA LIMITED Vs. GMR AIRPORTS LIMITED AND OTHERS [SUPREME COURT OF INDIA] 09-05-2022
These four appeals have been filed challenging the judgment dated 18.08.2021 of the Nagpur Bench of the Bombay High Court whereby the Writ Petition of the respondent No. 1- GMR Airports Limited (for short 'GAL') and GMR Nagpur International Airport Limited (for short 'GNIAL') filed against MIHAN India Limited (for short 'MIL') and Government of Maharashtra (for short 'GoM') has been allowed. The High Court set-aside the impugned communication of annulling the bidding process and directed to take

(55) HARYANA STAFF SELECTION COMMISSION Vs. PRIYANKA AND OTHERS ETC. [SUPREME COURT OF INDIA] 09-05-2022
We have heard learned counsel for the parties in relation to the applications seeking clarification/modification of the judgment and order dated 01.09.2021 passed by this Court in Civil Appeal Nos. 5065-5095 of 2021 arising out of Special Leave Petition (C) Nos. 25184-25214 of 2018 and in relation to Contempt Petition (C) Nos. 888-918 of 2021 and 11 of 2022 as also various other applications for intervention/direction/clarification, as filed by the cross-section of candidates and the Haryana Sta

(56) V. PRAKASH @ G.N.V. PRAKASH Vs. M/S. P.S. GOVINDASWAMY NAIDU AND SONS' CHARITIES REPRESENTED BY ITS MANAGING TRUSTEE AND OTHERS [SUPREME COURT OF INDIA] 09-05-2022
This appeal, by the plaintiff of a suit for declaration and injunction, is directed against the judgment and order dated 04.03.2021, as passed by the High Court of Judicature at Madras[1] in Appeal Suit No. 978 of 2020 whereby, the High Court has allowed the appeal filed by the contesting defendants (respondent Nos. 1 to 8 herein) and has set aside the judgment and decree dated 12.10.2020, as passed by the Principal District Judge, Coimbatore, in Original Suit No. 160 of 2018.

(57) M/S HARYANA MINING COMPANY Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 09-05-2022
This Appeal has been filed against the judgment of the Punjab and Haryana High Court dated 06.09.2021 dismissing the writ petition filed by the Appellant, which sought to challenge the order dated 10.01.2020 whereby the mining lease granted to it was terminated by the Director General, Mines and Geology, Haryana (hereinafter, the "Termination Order") and the order dated 11.08.2021 by which the appeal filed against the Termination Order was dismissed by the Appellate Authority (hereinafter, the "

(58) DILIP HARIRAMANI Vs. BANK OF BARODA [SUPREME COURT OF INDIA] 09-05-2022
Negotiable Instruments Act, 1881 (NI) - Sections 138 and 141 - Dishonour of cheque - Appellant was a partner of the firm which had taken the loan or that he stood as a guarantor for such a loan - Partnership Act, 1932 creates civil liability - Guarantor's liability under the Indian Contract Act, 1872 is a civil liability - Appellant may have civil liability and may also be liable under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and the Securitisation and Reconstructi

(59) NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. RAVINDRA KUMAR AND OTHERS [SUPREME COURT OF INDIA] 09-05-2022
Constitution of India, 1950 - Article 226 - Writ jurisdiction - Acquisition proceedings - Writ jurisdiction under Article 226 of the Constitution of India is always discretionary. It is an equitable remedy - It is not necessary for the High Court to correct each and every illegality - If the correction of illegality is likely to have unjust results, High Court would normally refuse to exercise its jurisdiction under Article 226 - While maintaining the acquisition proceedings, the High Court gran

(60) T.N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA AND OTHERS AND OTHERS [SUPREME COURT OF INDIA] 09-05-2022
In Interlocutory Application (I.A.) No. 1308 of 2015 and other connected I.A.s in Writ Petition (C) No. 202 of 1995, this Court on 05.10.2015 directed the National Board for Wildlife ('NBWL') to furnish a copy of the orders passed by it relating to matters of National Parks and Wildlife Sanctuaries. The Central Empowered Committee ('CEC') was given liberty to approach this Court by filling an appropriate application, if they were not satisfied with the decision of the Standing Committee of NBWL

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