(841) GOVERNMENT OF NCT OF DELHI AND ANOTHER Vs. SHAKEEL AHMED AND OTHERS [SUPREME COURT OF INDIA] 09-02-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Appeal against - In applying the law laid down by this Court in the case of Indore Development Authority Vs. Manoharlal and Ors., (2020) 8 SCC 129 and when it was the specific case on behalf of the appellant and original respondents that the possession of the land in question was taken on 04.03.1983, the impugned judgment and order passed India Law Library Docid # 1602683
(842) GOVERNMENT OF NCT OF DELHI AND ANOTHER Vs. SH. MANISH AND ANOTHER [SUPREME COURT OF INDIA] 09-02-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Appeal against - In applying the law laid down by this Court in the case of Indore Development Authority Vs. Manoharlal and Ors., (2020) 8 SCC 129 and when it was the specific case on behalf of the appellant and original respondents that the possession of the land in question was taken on 23.02.2007, the impugned judgment and order passed India Law Library Docid # 1602684
(843) G.T.C. INDUSTRIES LTD (NOW KNOWN AS GOLDEN TOBACCO LIMITED) THR. MANAGER LEGAL AND ANOTHER Vs. COLLECTOR OF CENTRAL EXCISE AND OTHERS [SUPREME COURT OF INDIA] 09-02-2023 Central Excise and Salt Act, 1944 - Section 9-D - Relevancy of statements - High Court declared section 9-D of the Central Excise and Salt Act, 1944 as intra vires - Challenge - When this Court by its order dated 25th April, 2008 remitted the matter to the High Court for deciding the question of vires of section 9-D, only the civil appeals carried from the orders of the Tribunal by the department were pending. These appeals were ultimately allowed by this Court vide its order dated 31st July, 20 India Law Library Docid # 1602669
(844) STATE OF U.P. AND OTHERS Vs. SMT. PRIYANKA [SUPREME COURT OF INDIA] 09-02-2023 Service Law - Benefit of death-cum-retirement gratuity - Date of birth of the deceased was 1.7.1951. He was appointed as a Lecturer on 2.7.2001 - He would have completed 60 years of his age on 30.06.2011 - As per Government Order dated 16.09.2009, he would have exercised his option to retire at the age of 60 years on or before 1.7.2010, However, before he could exercise the option, unfortunately he died. In fact, he had died even prior to the Government order - He had died on 11.08.2009 whereas India Law Library Docid # 1602670
(845) ANANTA CHANDRAKANT BHONSULE(D) BY LRS AND ANOTHER Vs. TRIVIKRAM ATMARAM KORJUENKAR(D) BY LRS. AND ANOTHER [SUPREME COURT OF INDIA] 09-02-2023 The Appellant, who claims mundkarial rights in respect of the property in dispute, has come up with the above appeal challenging the judgment and decree passed by the High Court of Bombay at Goa in a Second Appeal, confirming the concurrent judgment and decrees of Trial Court and the Appellate Court, ordering his eviction. India Law Library Docid # 1602888
(846) M/S. GAS AUTHORITY OF INDIA LIMITED Vs. M/S. INDIAN PETROCHEMICALS CORP. LIMITED AND OTHERS [SUPREME COURT OF INDIA] 08-02-2023 Contract - Loss of transportation charges - It would be extremely unfair and unjust, apart from being an arbitrary action in violation of Article 14 of the Constitution of India that IPCL is charged for loss of transportation charges when it is mandated to lay down its own pipelines and not to transport the gas through the HBJ pipeline - No doubt the issue of loss of transportation charges was flagged by IPCL in various communications exchanged inter se the parties subsequent to the signing of t India Law Library Docid # 1602666
(847) ASSOCIATION OF OLD SETTLERS OF SIKKIM PRESIDENT SHRI RAM CHANDRA MUNDRA S/O LATE MURLIDHAR MUNDRA AND OTHERS Vs. UNION OF INDIA MINISTRY OF FINANCE SECRETARY GENERAL AND ANOTHER [SUPREME COURT OF INDIA] 08-02-2023 Income Tax Act, 1961 - Section 10(26AAA) - Sikkim Subject Rules, 1961 - Sikkim Subjects Regulations, 1961 - Definition of Sikkimese and the reference to Sikkim Subjects Regulations, 1961 and Sikkim subject Rules, 1961 though repealed, are relevant for the purpose of the Explanation to Clause 26 (AAA) of Section 10 of the Income Tax Act, 1961 only. India Law Library Docid # 1602708
(848) IN RE : T.N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 08-02-2023 This application concerns the Report of the CEC bearing No.31 of 2022 in Application No.1559/2022 filed by the Directorate of Revenue Intelligence, Ministry of Finance, Government of India seeking permission of this Court for diversion of 6,200 sq. mtrs of Morphological Ridge Area situated at Plot No.11B, Vasant Kunj, New Delhi for construction of office building for the Directorate of Revenue Intelligence Headquarters, New Delhi. India Law Library Docid # 1602911
(849) SHELLY OBEROI AND ANOTHER Vs. OFFICE OF LIEUTENANT GOVERNOR OF DELHI AND OTHERS [SUPREME COURT OF INDIA] 08-02-2023 Though elections were conducted on 4 December 2022 to the Municipal Corporation of Delhi, the peculiar situation, as it emerges at present, is that no election has been conducted thereafter for the office of Mayor, Deputy Mayor and members of the Standing Committee. India Law Library Docid # 1602908
(850) NATIONAL INSURANCE COMPANY LIMITED Vs. THE CHIEF ELECTORAL OFFICER AND OTHERS [SUPREME COURT OF INDIA] 08-02-2023 Insurance policy - Compensation - Liability of insurance company - Insurance is intended to provide for the payment of compensation in the event of death only resulting solely and directly from accident caused by external violent and any other visible means - Death of the police official was caused by a heat stroke while performing election duty and his death was not covered under the insurance cover and, thus, delay in raising claim was not exclusively driven by the Chief Electoral Officer India Law Library Docid # 1602667
(851) VIBHUTI SHANKAR PANDEY Vs. THE STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 08-02-2023 Service Law - Regularization - Daily rated employee - Two pre-conditions must be fulfilled in order to claim regularization of employment - (1) initial appointment must be done by the competent authority and; (2) there must be a sanctioned post on which the daily rated employee must be working - These two conditions were clearly missing in the case of the present appellant - Appellant had no case for regularization - Appeal dismissed. India Law Library Docid # 1602668
(852) SECURITIES AND EXCHANGE BOARD OF INDIA Vs. V SHANKAR [SUPREME COURT OF INDIA] 08-02-2023 On 3 August 2017, a notice to show cause was issued by the WTM of SEBI to DCHL, its Chairperson, Vice-chairperson and the respondent to show cause as to why an enquiry should not be held against them, followed by the imposition of a penalty. The respondent participated in the enquiry. The WTM proceeded to hold the respondent liable on the ground that he was a Company Secretary during the Financial Year 2010-11 when a buyback offer worth Rupees 270 crores was made by the company in violation of r India Law Library Docid # 1602886
(853) RANA AYYUB Vs. DIRECTORATE OF ENFORCEMENT THROUGH ITS ASSISTANT DIRECTOR [SUPREME COURT OF INDIA] 07-02-2023 Prevention of Money-laundering Act, 2002 - Section 45 read with Section 44 - Money-laundering - Territorial jurisdiction - Issue of territorial jurisdiction cannot be decided in a writ petition, especially when there is a serious factual dispute about the place/places of commission of the offence. India Law Library Docid # 1602663
(854) ITC LIMITED Vs. AASHNA ROY [SUPREME COURT OF INDIA] 07-02-2023 Consumer Protection Act, 1986 - Determination of compensation - Model receives bad haircut and poor hair treatment at a 5-star Hotel - NCDRC discussed regarding the importance of hair in a woman's life and also that it could be an asset for building a career in modelling and advertising industry but then quantification of compensation has to be based upon material evidence and not on the mere asking - If she has material to substantiate her claim may be given an opportunity to produce the same - India Law Library Docid # 1602664
(855) ROPPEN TRANSPORTATION SERVICES PRIVATE LIMITED Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 07-02-2023 Motor Vehicles Act 1988 - Section 93 - Aggregation Licence - Effect of the amended provision is that no person can act as an aggregator without a licence - The licence is to be "from such authority and subject to such conditions as may be prescribed by the State Government". In terms of the first proviso to Section 93(1), the State Government, while issuing a licence to an aggregator, "may follow" the guidelines issued by the Central Government - Section 96 confers a rule making power on the Sta India Law Library Docid # 1602706
(856) MOHAMMAD AZAM KHAN AND ANOTHER Vs. NAWAB KAZIM ALI KHAN AND ANOTHER [SUPREME COURT OF INDIA] 07-02-2023 The present review petitions have been filed against the final judgment dated 07th November, 2022. We have perused the review petitions as well as the connected papers in support thereof and find no manifest apparent error on the face of record. In our opinion, no case for review is made out. India Law Library Docid # 1602913
(857) ARUN MUTHUVEL Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 07-02-2023 We consider appropriate to observe that what is feasible and acceptable by the Board at least may be implemented forthwith and since the Board has still taken a call and examining all other grievances, which have been pointed not only in the writ petitions but in the interim applications as well, we request the Board to examine the individual applications as well and to the extent possible with the parameters and acceptable to the Society may be undertaken at the earliest. India Law Library Docid # 1602905
(858) CHRISTIAN MICHEL JAMES Vs. CENTRAL BUREAU OF INVESTIGATION [SUPREME COURT OF INDIA] 07-02-2023 The submission of the petitioner is that the unamended provision of the PC Act provided for imprisonment for a term which shall not be less than six months, but which may extend to five years. The provisions of Section 8 were initially amended by Act 1 of 2014 and subsequently, substituted by Act 16 of 2018. It has been submitted that the maximum term of imprisonment for the offence under Section 420 IPC is seven years whereas under the unamended provisions of Section 8 of the PC Act, it was fiv India Law Library Docid # 1602906
(859) ALL INDIA JUDGES ASSOCIATION AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 07-02-2023 These applications be placed before the Three Judge Bench, in accordance with the orders passed by this Court on 10.01.2023 in I.A. No.73015/2021 etc. India Law Library Docid # 1602907
(860) CHANDMAL @ CHANDANMAL Vs. THE STATE OF MADHYA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 07-02-2023 The issue before us is whether on the charge sheet having been filed and during that period the appellants having cooperated but not having appeared before the Court personally but through a counsel, the action of the trial Court to issue non-bailable warrants is something which can be sustained. India Law Library Docid # 1602917