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(81) IMTIYAZ AHMAD MALLA Vs. THE STATE OF JAMMU AND KASHMIR AND OTHERS [SUPREME COURT OF INDIA] 28-02-2023
Service Law - Reinstatement - An employee who has been acquitted of criminal charges does not necessarily have the right to be reinstated - If a person is acquitted or discharged, it cannot obviously be inferred that he was falsely involved, or he had no criminal antecedents.
India Law Library Docid # 1602770

(82) SHAH NEWAZ KHAN AND OTHERS Vs. STATE OF NAGALAND AND OTHERS [SUPREME COURT OF INDIA] 28-02-2023
Civil Procedure Code, 1908 (CPC) - Section 24 - General power of transfer and withdrawal - Power under section 24 of the CPC can be exercised by the High Court even for inter-State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States under Article 231 of the Constitution and both the Civil Courts (transferor and transferee) are subordinate to it.
India Law Library Docid # 1602771

(83) ROYDEN HAROLD BUTHELLO AND ANOTHER Vs. STATE OF CHHATTISGARH AND OTHERS [SUPREME COURT OF INDIA] 28-02-2023
CBI Investigation - It is to be used very sparingly and in an exceptional circumstance where the Court on appreciating the facts and circumstance arrives at the conclusion that there is no other option of securing a fair trial without the intervention and investigation by the CBI or such other specialized investigating agency which has the expertise.
India Law Library Docid # 1602772

(84) BIKRAM CHATTERJI AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 28-02-2023
Plea of interest cap for Noida homebuyers - Dismissed - This Court not going at this stage on the background facts as to what transpired to this Court, but from the material it reveals that on a complaint made by Ace Group of Companies for reduction of rate of interest to be charged by the Noida/Greater Noida authorities as alike extended to Amrapali Group of Companies, the matter was heard on 27th May, 2020 and order was reserved and was pronounced on 10th June, 2020. It may be noticed that loo
India Law Library Docid # 1602773

(85) NATIONAL INSTITUTE OF RURAL DEVELOPMENT Vs. SHYAM SUNDER PRASAD SHARMA AND OTHERS [SUPREME COURT OF INDIA] 28-02-2023
National Institute of Rural Development (Service) Bye-laws - Bye-laws 48, 49 and 50 - Pension - Bye-laws 48 and 49 provide for Pension-cum-Gratuity-cum-Family Pension Scheme (old scheme) and General Provident Fund Scheme respectively - Sub-clause (a)(1) of clause 52 clearly provides that a person appointed on a contract in accordance with Bye-law 2(2)(a) shall be eligible only to CPF which is provided in Bye-law 50 - Clause (a)(2) of Bye-law 52 provides that a person who was initially appointed
India Law Library Docid # 1602785

(86) STATE OF PUNJAB Vs. PRINCIPAL SECRETARY TO THE GOVERNOR OF PUNJAB AND ANOTHER [SUPREME COURT OF INDIA] 28-02-2023
Constitution of India 1950 - Articles 167 and 174 - Duties of Chief Minister as respects the furnishing of information to Governor - Governor has a right to seek information from the Chief Minister in terms of Article 167(b) on matters relating to the administration of the affairs of the State and proposals for legislation - Once such information is sought, the Chief Minister is duty bound to furnish it - The tone and tenor of the tweet and the letter by the Chief Minister leave much to be desir
India Law Library Docid # 1602829

(87) KASHIBAI AND OTHERS Vs. THE STATE OF KARNATAKA [SUPREME COURT OF INDIA] 28-02-2023
Penal Code, 1860 (IPC) - Sections 107, 498A and 306 read with Section 34 - Evidence Act, 1872 - Section 113A - Abetment of suicide - Cruelty - Mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC - In order to convict a person for the offences under Section 306 IPC, the basic constituents of the offence namely where the death was suicidal and whether th
India Law Library Docid # 1602880

(88) SIRAJUDHEEN Vs. ZEENATH AND OTHERS [SUPREME COURT OF INDIA] 27-02-2023
Civil Procedure Code, 1908 (CPC) - Order 41 Rule 23 - Evidence Act, 1872 - Section 114 - Remand of case - If the Court finds any particular evidence directly within the control and possession of a party having not been produced, the necessary consequences like those specified in illustration (g) to Section 114 of the Evidence Act may follow but, merely because a particular evidence which ought to have been adduced but had not been adduced, the Appellate Court cannot adopt the soft course of rema
India Law Library Docid # 1602762

(89) AMAN SEMI-CONDUCTORS (PVT.) LTD. Vs. HARYANA STATE INDUSTRIAL DEVLOPMENT CORPORATION LTD. AND ANOTHER [SUPREME COURT OF INDIA] 27-02-2023
Setting up of industrial unit - Idea behind development of industrial plots and allotting them to deserving applicants is to act as a catalyst to promote economic growth - There is no material to disclose that upon receipt of no less than three show cause notices, the appellant showed any sense of urgency in taking steps to live up to the bargain, (of setting up an industrial unit) - Inference which this court is left to draw, is that the allottee's intention was perhaps never to set up any indu
India Law Library Docid # 1602763

(90) ASHWINI KUMAR UPADHYAY Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 27-02-2023
Constitution of India, 1950 - Articles 14, 21, 25, 29 and 32 - Writ petition seeking to constitute a "Renaming Commission" to find out original names of 'ancient historical cultural religious places', named after barbaric foreign invaders in order to maintain Sovereignty and to secure 'Right to Dignity, Right to Religion and Right to Culture' guaranteed under Articles 21, 25 and 29 of the Constitution - Present and future of a country cannot remain a prisoner of the past. The governance of Bhara
India Law Library Docid # 1602786

(91) BHARTIBEN CHANDRAKANTBHAI THAKOR Vs. STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 27-02-2023
Service Law - Resignation - Pensionary benefits - Appellant has been granted voluntary retirement from service on 30 November 2011 - For the last 11 years, the appellant has been granted only provisional pension - Order by which the appellant has been permitted to retire voluntarily indicates that the appellant completed 24 years 10 months and 5 days of pensionable service out of a total service of 31 years 8 months and 15 days after deducting 6 years 10 months and 5 days - Appellant should be t
India Law Library Docid # 1602787

(92) AMAN SEMI-CONDUCTORS (PVT.) LTD. Vs. HARYANA STATE INDUSTRIAL DEVLOPMENT CORPORATION LTD. AND ANOTHERR [SUPREME COURT OF INDIA] 27-02-2023
Setting up of industrial unit - Idea behind development of industrial plots and allotting them to deserving applicants is to act as a catalyst to promote economic growth - There is no material to disclose that upon receipt of no less than three show cause notices, the appellant showed any sense of urgency in taking steps to live up to the bargain, (of setting up an industrial unit) - Inference which this court is left to draw, is that the allottee's intention was perhaps never to set up any indu
India Law Library Docid # 1602789

(93) P. SHYAMALA Vs. GUNDLUR MASTHAN [SUPREME COURT OF INDIA] 24-02-2023
Specific Relief Act, 1963 - Section 28 - Power under Section 28 of the Specific Relief Act is discretionary and the Court has to pass an order as the justice may require - Application under Section 28 of the Specific Relief Act, 1963 to rescind the agreement to sell deserves to be allowed.
India Law Library Docid # 1602756

(94) DELHI DEVELOPMENT AUTHORITY Vs. AMIT JAIN AND OTHERS [SUPREME COURT OF INDIA] 24-02-2023
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Appeal against - Taking over the physical possession by drawing the punchnama/possession proceedings can be said to be sufficient compliance. Therefore, except the remaining 3 biswa land comprised in Khasra No. 17/1/1 which was not taken over due to built-up, the possession of the other lands in question were taken by the Government on 29
India Law Library Docid # 1602757

(95) NATIONAL CAPITAL TERRITORY OF DELHI AND ANOTHER Vs. SUBHASH CHANDER KHATRI AND OTHERS [SUPREME COURT OF INDIA] 24-02-2023
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 decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., reported in (2014) 3 SCC 183, the impugned judgment and order has been passed by the High Court declaring that the acquisition proceedings with regard to the subject land are deemed to have
India Law Library Docid # 1602758

(96) STATE OF HIMACHAL PRADESH AND OTHERS Vs. RAJIV AND ANOTHER [SUPREME COURT OF INDIA] 24-02-2023
Constitution of India, 1950 - Articles 136 & 142 - If the order is passed in exercise of extra ordinary jurisdiction under Articles 136 & 142 of the Constitution, the same can be said to be just and proper and doing the complete justice between the parties.
India Law Library Docid # 1602759

(97) ANANT THANUR KARMUSE Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 24-02-2023
Criminal Procedure Code, 1973 (CrPC) - Section 173(8) - Transfer of investigation to CBI - Victim has a fundamental right of fair investigation and fair trial - Therefore, mere filing of the chargesheet and framing of the charges cannot be an impediment in ordering further investigation / re-investigation / de novo investigation, if the facts so warrant - Accused No. 13 was only charge-sheeted in the second supplementary charge sheet in the month of March, 2022 and not prior to that when the fir
India Law Library Docid # 1602760

(98) ROOPWANTI Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 24-02-2023
Penal Code, 1860 (IPC) - Sections 148, 149, 323, 324, 307, 302 and 506 - Murder - Appeal against acquittal - In cases where a reversal of acquittal is sought, the courts must keep in mind that the presumption of innocence in favour of the accused, on grounds of it surviving the rigours of a full trial, is strengthened and stands fortified - Prosecution then, while still working under the same burden of proof, is required to discharge a more onerous responsibility to annul and reverse the fortifi
India Law Library Docid # 1602761

(99) R.K. JIBANLATA DEVI Vs. HIGH COURT OF MANIPUR THROUGH ITS REGISTRAR GENERAL AND OTHERS [SUPREME COURT OF INDIA] 24-02-2023
Service Law - Promotion - Uncommunicated ACR for the year 2016-17 having the grading "Good" could not have been relied upon for consideration for promotion - Case of the petitioner for promotion to the post of Assistant Registrar as on 09.04.2021 is required to be considered afresh ignoring the uncommunicated ACRs for the years 2016-17 and 2019-20 and her case is required to be considered afresh taking into consideration the ACRs for the years 2017-18 & 2018-19 for which the petitioner was havin
India Law Library Docid # 1602748

(100) STATE OF HIMACHAL PRADESH AND OTHERS Vs. CHANDERVIR SINGH NEGI [SUPREME COURT OF INDIA] 24-02-2023
Limitation Act, 1963 - Articles 58 and 72 - Suit for declaration - Limitation - From the deposition of the plaintiff witnesses it can be seen that the plaintiff and other witnesses specifically admitted that the land in question on the land of the plaintiff was constructed in the year 1987 - Plaintiff witnesses have also admitted that the retaining wall was constructed on the land of the plaintiff in the year 1987 - Even according to the plaintiff and his witnesses the fruit trees were damaged/d
India Law Library Docid # 1602749

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