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(61) POOJA BHUNESHWAR PRASAD SHARMA Vs. ASHISH VINAYBHAI MISHRA [SUPREME COURT OF INDIA] 09-05-2022
Transfer Petition No. 618 of 2021 has been filed by the petitioner who is the wife of the respondent seeking transfer of Matrimonial Petition being H.M.P. No. 11 of 2021 titled as "Ashish Vinaybhai Mishra Vs. Pooja Bhuneshwar Prasad Sharma" pending on the file of the learned Principal Judge, Family Court, Bharuch, District Bharuch, Gujarat to the Court of competent jurisdiction in District Dhamtari, Chhattisgarh.

(62) DELHI ADMINISTRATION THR. SECRETARY, LAND AND BUILDING DEPARTMENT AND OTHERS Vs. PAWAN KUMAR AND OTHERS [SUPREME COURT OF INDIA] 06-05-2022
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Acquisition proceedings - Subsequent purchaser is not entitled to claim lapsing of the proceedings under the 2013 Act.

(63) SAMARPAN VARISHTHA JAN PARISAR AND OTHERS Vs. RAJENDRA PRASAD AGARWAL AND OTHERS [SUPREME COURT OF INDIA] 06-05-2022
Civil Suit - Injunction - As a licensee, plaintiffs cannot seek an injunction to stay in the old age home unless they allow other inmates, a peaceful co-existence - It is an unfortunate situation when the parents cannot be taken care of by the children, but the fact remains that abandonment of parents by their children is now a hard fact of life - Parents do find it difficult to reconcile the situation that at that age they have to stay in old age home - Therefore, one can understand the mental

(64) SATHYANATH AND ANOTHER Vs. SAROJAMANI [SUPREME COURT OF INDIA] 06-05-2022
Civil Procedure Code, 1908 (CPC) - Order 14 Rule 2 - Framing of issue of res judicata as preliminary issue - Order XIV Rule 2 of the Code had salutary object in mind that mandates the Court to pronounce judgments on all issues subject to the provisions of sub-Rule (2) - However, in case where the issues of both law and fact arise in the same suit and the Court is of the opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that suit first, if it relates

(65) DELHI DEVELOPMENT AUTHORITY Vs. GODFREY PHILLIPS (I) LIMITED AND OTHERS [SUPREME COURT OF INDIA] 06-05-2022
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Acquisition proceedings - Subsequent purchaser is not entitled to claim lapsing of the proceedings under the 2013 Act.

(66) MUZAFFAR HUSAIN Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 06-05-2022
Service Law - Judicial Misconduct - Disciplinary proceedings - Mere suspicion cannot constitute misconduct, and that any probability of misconduct needs to be supported with oral or documentary material - Appellant was found to have conducted the proceedings in the manner which had reflected on his reputation and integrity - There was enough evidence and material to show that the appellant had misconducted himself while discharging his duties as a judicial officer, and had passed the judicial or

(67) GOVT. OF NCT OF DELHI Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 06-05-2022
Constitution of India, 1950 - Articles 145(3), 239AA and 239AA(3)(a) - Issue of Control of Services in National Capital Delhi - Dispute between the Delhi Government and the Central Government - Limited issue that has been referred to this Bench, relates to the scope of legislative and executive powers of the Centre and NCT Delhi with respect to the term "services" - Constitution Bench of this Court, while interpreting Article 239AA(3)(a) of the Constitution, did not find any occasion to specific

(68) COX AND KINGS LIMITED Vs. SAP INDIA PRIVATE LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 06-05-2022
Arbitration and Conciliation Act 1996 - Section 8 - Questions of law - Whether the Group of Companies Doctrine should be read into Section 8 of the Act or whether it can exist in Indian jurisprudence independent of any statutory provision? - Whether the Group of Companies Doctrine should continue to be invoked on the basis of the principle of ‘single economic reality’? - Whether the Group of Companies Doctrine should be construed as a means of interpreting the implied consent or intent to arbitr

(69) IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED Vs. M/S NEW INDIA DETERGENTS LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 06-05-2022
The instant statutory appeal is directed against the judgment and order dated 14.02.2022 passed by the National Consumer Disputes Redressal Commission, New Delhi ("the Commission" for short) in Consumer Complaint No. 2042 of 2016.

(70) J.SEKAR @SEKAR REDDY Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 05-05-2022
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Prevention of Money Laundering Act, 2002 - Sections 2(1)(u), 3 and 4 - Quashing of proceedings - Money Laundering - It is clear that for proceeds of crime, as defined under Section 2(1)(u) of PMLA, the property seized would be relevant and its possession with recovery and claim thereto must be innocent - In the present case, the schedule offence has not been made out because of lack of evidence - Adjudicating Authority, at the time of refusing

(71) SWADESH KUMAR AGARWAL Vs. DINESH KUMAR AGARWAL AND OTHERS, ETC., ETC. [SUPREME COURT OF INDIA] 05-05-2022
Arbitration and Conciliation Act, 1996 - Sections 11(6) - Appointment of Arbitrator - Absence of Written Agreement - Absence of any written contract containing the arbitration agreement, section 11(6) of the Act, 1996 shall not be applicable and therefore, an application under that provision shall not be maintainable - In the present case, the parties themselves agreed on a procedure for appointment of the arbitrator and appointed and nominated an arbitrator by mutual consent - Therefore, the ap

(72) ABDUL MATIN MALLICK Vs. SUBRATA BHATTACHARJEE (BANERJEE) AND OTHERS [SUPREME COURT OF INDIA] 05-05-2022
West Bengal Land Reforms Act, 1955 - Section 9 - Application for pre-emption - Pre-emptors have to deposit the entire sale consideration with additional 10% and only thereafter the further enquiry can be conducted as per Section 9 of the Act, 1955 and therefore, unless and until the same is complied with, the pre-emption application would not be maintainable.

(73) BHAG SINGH ETC. Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 05-05-2022
Land Acquisition Act, 1894 - Sections 4, 6 and 18 - Acquisition of Land - Enhancement of compensation - Determination of market value - Whether determination of market value subsequent to the notification would be relevant to determine the market value of the land acquired more than two years earlier - Held, Though appreciation in price can be presumed, but the market value cannot be assessed by applying suitable deduction in the market value of the land acquired by a subsequent notification. Wh

(74) MS. P. Vs. THE STATE OF MADHYA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 05-05-2022
Criminal Procedure Code, 1973 (CrPC) - Section 439(1) - Penal Code, 1860 - Sections 376(2)(n) and 506 - Rape - Cancellation of bail - Accused is a student leader - Banners with statement "Bhaiya is Back" were put up after the accused was released on bail - Even if it is assumed that the posters in question were not contemporaneous to the release of the accused from detention, the captions tagged to his photographs on the social media highlight the superior position and power wielded by the Accus

(75) UNION OF INDIA AND OTHERS Vs. NAVNEET KUMAR [SUPREME COURT OF INDIA] 05-05-2022
Administrative Tribunals (Procedure for Appointment of Members) Rules, 2011 - Rule 9(4) - Extension of term of appointment as a Judicial Member, Central Administrative Tribunal by another term - Not agreement with the contention of the respondent that the recommendation made by the Selection Committee to carry forward the 2016 vacancies to year 2017 does not amount to rejection of the request of the respondent for extension of his term as Judicial Member of the Central Administrative Tribunal -

(76) REDDY VEERANA Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 05-05-2022
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24 - Additional amount of penal interest must be paid in place of shifting the date for determination of the amount of compensation or to determine the compensation as per 2013 Act.

(77) STATE OF BIHAR AND OTHERS Vs. SHYAMA NANDAN MISHRA [SUPREME COURT OF INDIA] 05-05-2022
Constitution of India, 1950 - Articles 14 and 16(1) - Legitimate Expectation - Where the Court preferred to use abuse of power as one of the criteria for testing whether a public body could resile from a prima facie legitimate expectation - If the government authority induced an expectation which was substantive, the upsetting of that expectation, through departure from the expected course of action in the absence of compelling public interest, would be so unfair, that it would amount to abuse o

(78) RITU MAHESHWARI Vs. M/S. PROMOTIONAL CLUB [SUPREME COURT OF INDIA] 05-05-2022
Application for sanction for construction - Merely by submission of application for sanction for construction, no vested right is created in favour of any party by statutory operation of the provisions.

(79) DELHI AIRPORT METRO EXPRESS PRIVATE LIMITED Vs. DELHI METRO RAIL CORPORATION [SUPREME COURT OF INDIA] 05-05-2022
Arbitration and Conciliation Act, 1996 - Section 31(7)(a) - When the parties have agreed to the contrary on any of the aspects as mentioned in clause (a) of sub-section (7) of Section 31 of the 1996 Act, the Arbitral Tribunal will cease to have any discretion and would be bound by an agreement between the parties.

(80) ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED Vs. S.P. VELAYUTHAM AND OTHERS [SUPREME COURT OF INDIA] 04-05-2022
Registration Act, 1908 - Sections 32 to 35 - Registration of document - If the Registering Officer under the Act is construed as performing only a mechanical role without any independent mind of his own, then even Government properties may be sold and the documents registered by unscrupulous

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