(901) ANA PARVEEN AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 29-04-2022 Foreigners Act, 1946 - Section 14 - Release of detenu (Pakistani Citizen) is 79 years old - His wife divorced him 10 years ago - Pakistan is also not going to accept him - Detenu should be released on furnishing a personal bond of Rs 5,000 with two sureties of Indian citizens in the like amount. India Law Library Docid # 1819062
(902) KUNAL AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 29-04-2022 On 1 April 2022, the Ministry of Health and Family Welfare of the Union government responded to requests received from dental colleges to reduce the qualifying criteria in view of a large number of vacant seats. It sought the opinion of the Executive Committee of the Dental Council of India (DCI) on lowering the minimum marks required to be obtained to qualify for admission to BDS courses. India Law Library Docid # 1819047
(903) VIPAN AGGARWAL AND ANOTHER Vs. RAMAN GANDOTRA AND OTHERS [SUPREME COURT OF INDIA] 29-04-2022 The challenge in the present appeal is to an order dated 30.07.2021 whereby the revision petition filed by the appellant against the order dated 17.10.2012 passed by the 2nd Additional Munsiff, Jammu was not interfered with. India Law Library Docid # 1826907
(904) VIPAN AGGARWAL AND ANOTHER Vs. RAMAN GANDOTRA AND OTHERS [SUPREME COURT OF INDIA] 29-04-2022 A compromise decree is said to have been passed on 13.09.2008. The appellants filed an application for recall of the said compromise decree for the reasons that such decree suffers from fraud and collusion. Such application was filed before the Court which granted the decree. The trial Court returned a finding that such application is not maintainable and such view was affirmed by the High Court. India Law Library Docid # 1841166
(905) MAHANAGAR TELEPHONE NIGAM LTD. (EAST-I) Vs. THE ASSISTANT COMMISSIONER BIHANMUMBAI MAHANAGARPALIKA AND OTHERS [SUPREME COURT OF INDIA] 28-04-2022 that this Hon'ble court may issue writ of certiorari or any other order, or direction writ, in the nature of writ of certiorari under Article 226 of the Constitution of India, for quashing and setting aside the said impugned Notices dated 27.9.2006 and 01.03.2008 issued by the Respondents under Section 299 and 488 of the Mumbai Municipal Corporation Act, 1888 India Law Library Docid # 1601656
(906) BHARAT SANCHAR NIGAM LIMITED AND ANOTHER Vs. SANDEEP CHOUDHARY AND OTHERS [SUPREME COURT OF INDIA] 28-04-2022 Service Law - Appointment in general category - Two reserved category candidates having more marks than the general category candidates appointed, were entitled to the appointment in the general category and the seats reserved for OBC category were required to be filled in from and amongst the remaining candidates belonging to the OBC category - However, at the same time in exercise of the powers under Article 142 of the Constitution of India, it is observed and directed that on reshuffling, the India Law Library Docid # 1601479
(907) UNION OF INDIA AND OTHERS Vs. MUKESH KUMAR MEENA [SUPREME COURT OF INDIA] 28-04-2022 Service Law - Promotion in general category - Benefit of the grace marks was not to allow the reserved category candidate to switch over to general category - Only in a case where any candidate belonging to any category is marginally failing to pass the examination, he is/was to be allowed the grace marks so as to allow him to obtain the minimum passing marks required and that too by allowing upto five grace marks. India Law Library Docid # 1601480
(908) IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS Vs. [SUPREME COURT OF INDIA] 28-04-2022 Draft Rules of Criminal Practice - Para 17(i) - Bail - Application for bail in non-bailable cases must ordinarily be disposed off within a period of 3 to 7 days from the date of first hearing. If the application is not disposed off within such period, the Presiding Officer shall furnish reasons thereof in the order itself. Copy of the order and the reply to the bail application or status report (by the police or prosecution) if any, shall be furnished to the accused and to the accused on the dat India Law Library Docid # 1601710
(909) M/S CHOPRA FABRICATORS AND MANUFACTURERS PRIVATE LIMITED Vs. BHARAT PUMPS AND COMPRESSORS LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 28-04-2022 So far as the number of execution petitions/ applications under Section 34 of the Arbitration Act pending with the various District Courts in the State of Uttar Pradesh as on 31.03.2022 is concerned, approximately 10,436 execution petitions/ applications are reported to be pending before the Regular Courts (noncommercial courts) with the oldest one of the year 1987 ( District -Deoria) and 1,209 execution petitions/ applications are pending before the Commercial Courts and the oldest one seems to India Law Library Docid # 1819036
(910) KOMAL SONI Vs. THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AND ANOTHER [SUPREME COURT OF INDIA] 28-04-2022 In the present case, there were some discrepancies in some of the questions and the answers found and therefore the matter was referred to the Expert Committee. The Expert Committee submitted the report and proposed the deletion of four questions. Therefore, when a conscious decision was taken thereafter by the High Court, relying upon the report submitted by the Expert Committee, and the four questions were deleted, we see no reason to interfere with the same. The objections raised by the indiv India Law Library Docid # 1819037
(911) NEW DELHI MUNICIPAL COUNCIL Vs. MINOSHA INDIA LIMITED [SUPREME COURT OF INDIA] 27-04-2022 Insolvency and Bankruptcy Code, 2016 - Section 60(6) - Moratorium - Exclusion of time - Section 60(6) of the IBC does contemplate exclusion of the entire period during which the moratorium was in force in respect of corporate debtor in regard to a proceeding as contemplated therein at the hands of the corporate debtor. India Law Library Docid # 1601589
(912) ANAND MURTI Vs. SONI INFRATECH PRIVATE LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 27-04-2022 Insolvency and Bankruptcy Code, 2016 - Sections 7 and 12A - Real estate project - There is every possibility that if the CIRP is permitted, the cost that the home-buyers will have to pay, would be much higher, inasmuch as the offer made by the resolution applicants could be after taking into consideration the price of escalation, etc. As against this, the Promoter has filed a specific undertaking specifying therein that the cost of the flat would not be escalated and that he would honour the BBA India Law Library Docid # 1601477
(913) OIL AND NATURAL GAS CORPORATION LIMITED Vs. M/S DISCOVERY ENTERPRISES PRTIVATE LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 27-04-2022 Group of companies doctrine - A non-signatory may be bound by the operation of the group of companies doctrine as well as by the operation of the principles of assignment, agency and succession - A party, which is not a signatory to a contract containing an arbitration clause, may be bound by the agreement to arbitrate if it is an alter ego of a party which executed the agreement. India Law Library Docid # 1601474
(914) RANBIR SINGH Vs. SK ROY, CHAIRMAN, LIFE INSURANCE CORP. OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 27-04-2022 Constitution of India, 1950 - Articles 14 and 16 - Service Law - Regularization - As a public employer, the recruitment process of the corporation must meet the constitutional standard of a fair and open process - LIC as a statutory corporation is bound by the mandate of Articles 14 and 16 of the Constitution - Allowing for back-door entries into service is an anathema to public service - A public employer such as LIC cannot be directed to carry out a mass absorption of over 11,000 workers on su India Law Library Docid # 1601475
(915) RAJASTHAN FINANCIAL CORPORATION JAIPUR AND OTHERS Vs. M/S JAIN BANDHU SNEH RESORTS PRIVATE LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 27-04-2022 Auction proceedings - Sale in favour of the Auction Purchaser could not have been set aside only on the ground that the escalation of the prices in property was considered. India Law Library Docid # 1601476
(916) RAMJHAN GANI PALANI Vs. NATIONAL INVESTIGATING AGENCY AND ANOTHER [SUPREME COURT OF INDIA] 27-04-2022 Penal Code, 1860 (IPC) - Sections 120-B, 121-A and 122 - Unlawful Activities (Prevention) Act, 1967 - Sections 17, 18, 18-B and 20 - Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Sections 2, 8, 16, 17, 18, 23, 24, 29 and 32(B)(e) - Bail - Organized smuggling of narcotic drugs, for sale in India and for generating funds meant for promoting terrorist activities, which is a serious offence and a valid ground for denying him the relief of bail - Appeal dismissed. India Law Library Docid # 1601577
(917) HARMINDER SINGH(D) THR. LRS. Vs. SURJIT KAUR(D) THR.LRS. AND OTHERS [SUPREME COURT OF INDIA] 27-04-2022 Mortgage - Once a usufructuary mortgage is created, the mortgagor has a right to redeem the mortgage at any point of time on the principle that once a mortgage always a mortgage.(See : Ram Kishan & Ors. vs. Sheo Ram & Ors., AIR 2008 P&H 77) India Law Library Docid # 1601707
(918) S Q MASOOD Vs. STATE OF TELANGANA AND OTHERS [SUPREME COURT OF INDIA] 27-04-2022 This Special Leave Petition has been filed against the judgment of the High Court by which the writ petition filed by the petitioner was dismissed by a cryptic order on the ground that no relief can be granted in view of the lock down being lifted by the Government. The writ petition was filed in public interest aggrieved by the cancellation of 19 lakh ration cards in the State of Telangana without giving any opportunity of hearing to the card holders. India Law Library Docid # 1819053
(919) IN RE: EXPEDITIOUS TRIAL OF CASES UNDER SECTION 138 OF N.I.ACT, 1881 Vs. [SUPREME COURT OF INDIA] 27-04-2022 On 10.03.2021, a Committee was appointed to submit a report specifying steps that should be taken to facilitate early disposal of cases under the Negotiable Instruments Act, 1881 (for short "NI Act"). A report has been submitted by the Committee, to which the Amicus Curiae has filed a note making suggestions to some of the observations and recommendations recorded in the report of the Committee. It has been brought to our notice that with respect to practice directions that were to be issued by India Law Library Docid # 1819068
(920) BHUPINDER SINGH Vs. UNITECH LIMITED [SUPREME COURT OF INDIA] 27-04-2022 In continuation of the previous orders of this Court, further directions are necessary to enable the flat buyers who have given options for refund to seek possession in substitution of refund. The Court has been apprised by counsel appearing on behalf of senior citizens, fixed deposit holders and persons with urgent medical needs that such cases for refund may be processed expeditiously to alleviate the hardship which is being faced by the persons belonging to those categories. India Law Library Docid # 1819035