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(61) THE MAHATMA GANDHI UNIVERSITY AND OTHERS Vs. RINCYMOL MATHEW [SUPREME COURT OF INDIA] 10-11-2022
UGC Regulations - Regulation 10.1 - Career Advancement Scheme (CAS) Benefits - When respondent was appointed as Lecturer, the post was temporary but as observed hereinabove, on that temporary post, her appointment was sanctioned by the Director as well as Vice-Chancellor. As observed hereinabove, she has continuously worked right from 1998 (03.10.1998) till she continued to work as Associate Professor
India Law Library Docid # 1602354

(62) M/S BAWA PAULINS PVT. LTD. Vs. UPS FREIGHT SERVICES (INDIA) PVT. LTD. AND ANOTHER [SUPREME COURT OF INDIA] 10-11-2022
Sale Contract - Letter of credit - A letter of credit is independent of and unqualified by the contract of sale or underlying transactions - Autonomy of an irrevocable LOC is entitled to protection and as a rule, courts refrain from interfering with that autonomy - If courts interfere in such transactions, it would be prone to misuse by the applicant party to gain undue advantage leaving the issuing bank at peril in the international financial market - A letter of credit is a document issued by
India Law Library Docid # 1602355

(63) SURESH G. RAMNANI Vs. AURELIA ANA DE PIEDADE MIRANDA @ ARIYA ALVARES (DEAD THR. LRS) AND OTHERS [SUPREME COURT OF INDIA] 10-11-2022
Bombay High Court Rules - Rule 3(1) - Review Petition - Once an application was preferred by any of the parties that a review may be heard by the Judge who had decided the matter and had passed the order from which the review arose, the matter ought to have been placed before the Chief Justice on the administrative side rather than order being passed on the judicial side.
India Law Library Docid # 1602356

(64) THE STATE OF UTTARAKHAND Vs. NALANDA COLLEGE OF EDUCATION AND OTHERS [SUPREME COURT OF INDIA] 10-11-2022
National Council for Teachers Education Regulations, 2014 - Rule 7(5) - Recognition of College - State government is well within its right under NCTE Act to refuse to open new B.Ed colleges - As per Rule 7(5) of the NCTE Regulations, 2014, on receipt of the communication from the office of the Regional Committee to the State, the State Government is required to send its recommendations or comments to the Regional Committee - In case the State Government is not in favour of the recommendation, it
India Law Library Docid # 1602357

(65) PROF. NARENDRA SINGH BHANDARI Vs. RAVINDRA JUGRAN AND OTHERS [SUPREME COURT OF INDIA] 10-11-2022
University Grants Commission Regulations, 2018 - Regulation 7.3.0 - Soban Singh Jeena University Act, 2019 - Section 10 - Appointment of Vice-Chancellor - As per the requirement of Regulation 7.3.0 of the UGC Regulations, 2018 and even as per Section 10 of the University Act, 2019, the selection for the post of Vice-Chancellor should be through proper identification by a panel of 3-5 persons by Search-cum-Selection Committee and the members of such Search-cum-Selection Committee shall be the per
India Law Library Docid # 1602358

(66) REGISTRAR OF ASSURANCES AND ANOTHER Vs. ASL VYAPAR PRIVATE LTD. AND ANOTHER [SUPREME COURT OF INDIA] 10-11-2022
Stamp (West Bengal Amendment) Act, 1990 - Section 47A - Public auction - Market value of property - Determination of - Section 47A of the Act cannot be said to have any application to a public auction carried out through court process/receiver as that is the most transparent manner of obtaining the correct market value of the property - It is no doubt true that in a court auction, the price obtainable may be slightly less as any bidder has to take care of a scenario where the auction may be chal
India Law Library Docid # 1602359

(67) BANK OF RAJASTHAN LIMITED Vs. VCK SHARES & STOCK BROKING SERVICES LIMITED [SUPREME COURT OF INDIA] 10-11-2022
Civil Procedure Code, 1908 (CPC) - Section 9 - Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18 and 19 - A question mark over the legal right of the borrower to initiate proceedings before a Civil Court against the bank or financial institution, which seeks to recover a loan amount against it. - Held, there is no provision in the RDB Act by which the remedy of a civil suit by a defendant in a claim by the bank is ousted, but it is the matter of choice of that
India Law Library Docid # 1602360

(68) M/S TEXCO MARKETING PVT. LTD. Vs. TATA AIG GENERAL INSURANCE COMPANY LTD. AND OTHERS [SUPREME COURT OF INDIA] 09-11-2022
The appellant secured a Standard Fire & Special Perils policy from the respondent on 28.07.2012. The policy was effective from 28.07.2012 to 27.07.2013. It was meant to cover a shop situated in the basement of the building. However, the exclusion clause of the contract specifies that it does not cover the basement. Due inspection of the shop was made which was actually situated on the other side of the road from the office of respondent No. 1. Not only this shop of the appellant, but yet another
India Law Library Docid # 1602341

(69) DELHI DEVELOPMENT AUTHORITY Vs. ASHA JAIN AND OTHERS [SUPREME COURT OF INDIA] 09-11-2022
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Claim lapse of acquisition proceedings - Subsequent purchaser has no right to claim lapse of acquisition proceedings - High Court has erred in entertaining the writ petition at the instance of the original writ petitioner being subsequent purchaser, praying for a declaration that the acquisition is deemed to have lapsed in view of Section 24(2) of the Act, 2013.
India Law Library Docid # 1602342

(70) V.S. RAMAKRISHNAN Vs. P.M. MUHAMMED ALI [SUPREME COURT OF INDIA] 09-11-2022
Suit for specific performance - There was no specific issue framed by the learned Trial Court on readiness and willingness on the part of the plaintiff - There must be a specific issue framed on readiness and willingness on the part of the plaintiff in a suit for specific performance and before giving any specific finding, the parties must be put to notice - Object and purpose of framing the issue is so that the parties to the suit can lead the specific evidence on the same
India Law Library Docid # 1602343

(71) RAVI NAMBOOTHIRI Vs. K.A. BAIJU AND OTHERS [SUPREME COURT OF INDIA] 09-11-2022
Kerala Panchayat Raj Act, 1994 - Section 52(1A) read with Section 102(1)(ca) - Election - Non-disclosure of conviction - Failure to disclose conviction for an offence under the Kerala Police Act for holding a dharna in front of the Panchayat office, not a ground for declaring an election void - While offences under the Indian Penal Code or under special enactments such as Prevention of Corruption Act, Arms Act and so on and so forth are substantive offences, the commission of which may make a pe
India Law Library Docid # 1602344

(72) SUMER CORPORATION Vs. VIJAY ANANT GANGAN AND OTHERS [SUPREME COURT OF INDIA] 09-11-2022
Eviction - Mesne profits/compensation - From the date of the decree of eviction, the tenant is liable to pay mesne profits or compensation for use and occupation of the premises at the same rate at which the landlord would have been able to let out the premises and earn rent if the tenant would have vacated the premises - Landlord is not bound by the contractual rate of rent effective for the period preceding the date of the decree.
India Law Library Docid # 1602352

(73) S. SHANKARAIAH THR. GPA HOLDER AND OTHERS Vs. THE LAND ACQUISITION OFFICER AND REVENUE DIVISIONAL OFFICER PEDDAPALI KARIMNAGAR DIST. AND OTHERS [SUPREME COURT OF INDIA] 09-11-2022
Land Acquisition Act, 1894 - Sections 4 and 6 - Acquisition of land - When the acquisition is solely for the purpose of excavation of coal and the entire land is acquired on the basis of the estimates of the coal reserve identified and the entire land is to be mined and used and no further developmental activity is required - High Court has erred in deducting 1/3rd towards the developmental activities - Appeal allowed in part.
India Law Library Docid # 1602353

(74) GURDEV SINGH Vs. HARVINDER SINGH [SUPREME COURT OF INDIA] 09-11-2022
Civil Procedure Code, 1908 (CPC) - Order 7 Rule 11 - Rejection of Plaint - "Plaintiff is not entitled to any reliefs in the suit" cannot be a ground to reject the plaint at the threshold in exercise of powers under Order 7, Rule 11 of the CPC.
India Law Library Docid # 1602416

(75) STATE OF JHARKHAND Vs. SHIV SHANKAR SHARMA AND OTHERS [SUPREME COURT OF INDIA] 07-11-2022
The above two petitions have been filed before this Court by the State of Jharkhand through the Resident Commissioner, challenging the orders dated 03.06.2022 passed by the Division Bench of the High Court of Jharkhand, where the High Court has ordered that the PILs filed by respondent no.1 before the Jharkhand High Court are maintainable, and thus the High Court decided to proceed with the matter on its merits. The petitioner here poses a challenge to the very maintainability of these two PILs.
India Law Library Docid # 1602339

(76) IC-56663X COL ANIL KUMAR GUPTA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 07-11-2022
Army Act, 1950 - Sections 45 and 122 - Martial Proceedings - Period of limitation for trial - For the purpose of Section 122, the two dates will be relevant i.e., the date when the alleged offence comes to the knowledge of the person aggrieved and the date on which the authority competent to initiate action comes to know about the alleged offence - In the instant case, having regard to the contents of the letter dated 13.08.2015 written by the aggrieved person to the concerned authority, it clea
India Law Library Docid # 1602340

(77) INSTITUTE OF COMPANY SECRETARIES OF INDIA Vs. BIMAN DEBNATH AND OTHERTS [SUPREME COURT OF INDIA] 07-11-2022
Company Secretaries Regulations, 1982 - Regulations 92(2) and 117(2) - Applicability of Regulation 92(2) - Regulation 92(2) shall be applicable only in a case of absence and not in a case where the post of Chairman and/or office bearer has fallen vacant - There is a distinction between the absence and the post fallen vacant - Regulation 92(2) shall be applicable in a case where the Chairman and/or the office bearer though is not disqualified but is absent for some reason - Regulation 117(2) shal
India Law Library Docid # 1602332

(78) RAHUL Vs. STATE OF DELHI MINISTRY OF HOME AFFAIRS AND ANOTHER [SUPREME COURT OF INDIA] 07-11-2022
Penal Code, 1860 (IPC) - Sections 365/34, 367/34, 376(2)(g), 302/34 and 201/34 - Rape and Murder - Death Penalty - Acquittal - Lapses in investigation and trial - There was no Test Identification parade conducted by any of the Investigating Officers during the course of their respective investigations - Nor any of the witnesses had identified the accused during their respective depositions - Evidence with regard to the arrest of the Appellants-accused, their identification, discoveries and recov
India Law Library Docid # 1602333

(79) MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS Vs. PROPERTY OWNERS’ ASSOCIATION AND OTHERS [SUPREME COURT OF INDIA] 07-11-2022
These appeals are challenging the common judgment and order dated 24.4.2019 passed by the Division Bench of the High Court of Judicature at Bombay in Writ Petition No. 2592/2013 and connected matters. Contempt Petition (Civil) No. 38/2021 has been filed against the alleged contemnor for disobedience of orders dated 29.7.2019, 21.10.2019 and 22.11.2019 passed by this Court in the appeal arising out of said SLP(C) No. 17009 of 2019. For the present purposes, said Contempt Petition is segregated wi
India Law Library Docid # 1602334

(80) JANHIT ABHIYAN Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 07-11-2022
Constitution of India, 1950 - Articles 15, 15(4), 15(5), 16(6), 16, 16(4) and 16(6) - Constitution validity of Constitution (One Hundred and Third Amendment) Act, 2019 introduced 10% reservation of Economically Weaker Sections (EWS) in education and public employment is upheld - Reservation is an instrument of affirmative action by the State so as to ensure all-inclusive march towards the goals of an egalitarian society while counteracting inequalities; it is an instrument not only for inclusion
India Law Library Docid # 1602335

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