(921) RANDEEP SINGH Vs. STATE OF U.T. CHANDIGARH AND ANOTHER [SUPREME COURT OF INDIA] 09-11-2022 Heard learned counsel for the appellant, State and the Respondent no.2 (complainant), who is wife of the appellant. The present appeal is against a judgment and order passed by the High Court in its revisional jurisdiction sustaining the order of conviction of the appellant by the Trial Court and the Appellate Court being the Sessions Court. The conviction of the appellant is under section 498A of the Indian Penal Code. The Trial Court, upon finding the appellant guilty had imposed punishment of India Law Library Docid # 1846025
(922) 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
(923) NARAYANA MEDICAL COLLEGE Vs. THE STATE OF ANDHRA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 07-11-2022 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Andhra Pradesh at Amravati in Writ Petition Nos. 33656/2018 and 8210/2019 the medical college/institution has preferred the present appeals. India Law Library Docid # 1602336
(924) 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
(925) BIKRAM CHATTERJI AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 07-11-2022 - IA No.108696 of 2020 (Vol.I-147) has been filed by Greater Noida Authority seeking recall of the orders dated 10.06.2020, 19.08.2020 and 25.08.2020 in so far as they related to interest charged by the Applicant on all projects other than the Amrapali Project. India Law Library Docid # 1602368
(926) 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
(927) 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
(928) P. PONNUSAMY Vs. THE STATE OF TAMIL NADU [SUPREME COURT OF INDIA] 07-11-2022 Draft Rules of Criminal Practice, 2021 - Rule 4 - Supply of documents - Right of the accused to receive the list of documents, material, etc. would only apply after the draft rules are adopted - would lead to an anomalous situation where the right of the accused in one state, prejudicially differs from that afforded to an accused, in another. India Law Library Docid # 1602338
(929) MOHD. ABDULLAH AZAM KHAN Vs. NAWAB KAZIM ALI KHAN [SUPREME COURT OF INDIA] 07-11-2022 Instant appeal has been filed under Section 116A of the Representation of People Act, 1951 assailing the judgment and order dated 16th December, 2019 passed by the High Court of Judicature at Allahabad, holding the election of the returned candidate (appellant) from 34, Suar Assembly Constituency of District Rampur, as void and consequently came to be set aside. India Law Library Docid # 1602337
(930) 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
(931) 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
(932) NARESH KUMAR AGARWAL Vs. VILLIVALAM RAGHAVCHARI SRIDHAR AND ANOTHER [SUPREME COURT OF INDIA] 07-11-2022 On hearing learned counsel for the petitioner, we are not inclined to interfere under Article 136 of the Constitution of India in the given facts of the case. The special leave petition is dismissed. However, we must note with some consideration that the FIR was registered in the year 1990 and 32 years hence the trial is not complete. India Law Library Docid # 1846036
(933) SANGHAR ZUBER ISMAIL Vs. MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE AND ANOTHER [SUPREME COURT OF INDIA] 07-11-2022 After referring to the report of the Joint Committee, the NGT has noted that there would be no adverse impact on the marine eco system since (i) the mangrove cover has increased in 2021 as compared to 2019; (ii) the unit has complied with the recommendations of the National Environment Engineering Research Institute on risk assessment; (iii) the inter-tidal assessment of corals and biotic community shows no adverse impact, thereby maintaining biodiversity; and (iv) the unit has a well defined sy India Law Library Docid # 1846041
(934) CHANDAN KUMAR Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 07-11-2022 Permission to appear and argue in person is granted. We have heard the petitioner appearing in person. By way of this petition, under Article 32 of the Constitution of India, the petitioner has prayed for the following relief(s): - Issuance of a writ of quo-warranto against Respondent No.3 who has been appointed/reappointed Chief Minister of Bihar on 10.08.2022 and remove him from the office of Chief Minister as the same is in complete violation of different provisions of Constitution of India; India Law Library Docid # 1846046
(935) RELIANCE INDUSTRIES LTD. Vs. VIJAYAN A. [SUPREME COURT OF INDIA] 07-11-2022 Shri Harish N. Salve, learned Senior Advocate appearing on behalf of the petitioner has vehemently submitted that despite order dtd. 5/8/2022 passed by this Court in Criminal Appeal No.1167/2002 by which the respondent/SEBI was directed to furnish a copy of the documents, as mentioned in para 59 , the same has not been furnished till date.
(936) RAJARAM ABASAHEB DESHMUKH Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 04-11-2022 Allotment of land - Deputy Collector possess the powers to pass the orders of allotment - High Court has seriously erred in setting aside orders on the ground that the Deputy Collector was not having jurisdiction and therefore order is coram non judice - Matter is remitted to the High Court to decide the writ petitions afresh in accordance with law and on its own merits. India Law Library Docid # 1602315
(937) CHOWGULE & COMPANY LIMITED Vs. ASSISTANT DIRECTOR GENERAL OF FOREIGN TRADE AND OTHERS [SUPREME COURT OF INDIA] 04-11-2022 Benefit of Additional licence - Export of processed iron ore - Merely because some others are granted the benefit wrongly, the appellant cannot be permitted to pray for the similar benefits - There cannot be any negative discrimination which may perpetuate the illegality - Appellant cannot be allowed the benefit of additional licence on the ground that some others might have been granted such benefits de hors the scheme, which otherwise the appellant is not entitled to under the scheme - High Co India Law Library Docid # 1602316
(938) THE EMPLOYEES PROVIDENT FUND ORGANISATION AND ANOTHER ETC. Vs. SUNIL KUMAR B. AND OTHERS ETC. [SUPREME COURT OF INDIA] 04-11-2022 In this judgment, we shall deal with the legality of certain amendments and modifications made by the Central Government to the Employees’ Pension Scheme, 1995 (“1995 Scheme”). Such scheme has been made in pursuance of, inter-alia, Section 6A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (“the Act”). Such changes, inter-alia, are sought be effected in paragraphs 3, 6, 11, 12 and 14 of the 1995 scheme. The Act originally did not provide for any pension scheme and Sectio India Law Library Docid # 1602318
(939) SHAKEEL AHMED Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 04-11-2022 Constitution of India, 1950 - Article 21 - 1992-93 Bombay Riots - Compensation to victims - Due to the violence or police firing, 900 people lost their lives and 2036 people got injured in December 1992 and January 1993 - Article 21 of the Constitution of India confers a right on every citizen to live with human dignity - Article 21 encompasses into itself the right to live a meaningful and dignified life - All the aspects of life which make a person live with human dignity, are covered by the w India Law Library Docid # 1602319
(940) DELHI DEVELOPMENT AUTHORITY Vs. DAMINI WADHWA AND OTHERS [SUPREME COURT OF INDIA] 04-11-2022 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Subsequent purchaser has no right to claim lapse of acquisition proceedings - There cannot be any lapse of acquisition under Section 24(2) of the Act, 2013 on the ground of possession could not be taken over by the authority and/or the compensation could not be deposited / tendered due to the pending litigations. India Law Library Docid # 1602322