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(921) ASSET RECONSTRUCTION CO. (INDIA) LIMITED Vs. CHIEF CONTROLLING REVENUE AUTHORITY [SUPREME COURT OF INDIA] 26-04-2022
Gujarat Stamp Act, 1958 - Section 9(a), Articles 20(a) and 45(f) - Once a single instrument has been charged under a correct charging provision of the Statute, namely Article 20(a), the Revenue cannot split the instrument into two, because of the reduction in the stamp duty facilitated by a notification of the Government issued under Section 9(a) - In other words after having accepted the deed of assignment as an instrument chargeable to duty as a conveyance under Article 20(a) and after having
India Law Library Docid # 1601466

(922) KALYANI (DEAD) THROUGH LRS. AND OTHERS Vs. THE SULTHAN BATHERY MUNICIPALITY AND OTHERS [SUPREME COURT OF INDIA] 26-04-2022
Constitution of India, 1950 - Article 300-A - Public purpose is a precondition for deprivation of a person from his property under Article 300-A and the right to claim compensation is also inbuilt in that article and when a person is deprived of his property the State has to be justify both the grounds which may depend on scheme of the statute, legislative policy, object and purpose of the legislature and other related factors - Construction/widening of road no doubt would be a public purpose bu
India Law Library Docid # 1601467

(923) SATWARATNA CO-OP HOUSING SOCIETY LTD. AND ANOTHER Vs. BHARAT PETROLEUM CORPORATION LTD. AND OTHERS [SUPREME COURT OF INDIA] 26-04-2022
This appeal is against a judgment and order dated 25.04.2019 passed by the Division Bench of the High Court of Judicature at Bombay, allowing Writ Petition No. 1515 of 2017 filed by the Respondent No.1-Bharat Petroleum Corporation Limited and quashing an order passed by the Municipal Commissioner, Municipal Corporation of Greater Mumbai, granting permission for redevelopment of a building to M/s. Satwaratna Cooperative Housing Society Limited being the Appellant No. 1 before us, and hereinafter
India Law Library Docid # 1601761

(924) AKHILESH PRASAD Vs. JHARKHAND PUBLIC SERVICE COMMISSION AND OTHERS [SUPREME COURT OF INDIA] 26-04-2022
Constitution of India, 1950 - Articles 14, 15(1), 341 and 342 - Promotion - SC/ST Category - It was submitted on behalf of the appellant that the limited competitive examination could not be construed to be a fresh appointment; rather it was a case of promotion to the higher post and as such the appellant who was already in the service under State of Jharkhand was entitled to offer his candidature as a candidate belonging to ST category - Where caste A is not designated as a Scheduled Caste in o
India Law Library Docid # 1601468

(925) SATNAM SINGH Vs. SATNAM SINGH [SUPREME COURT OF INDIA] 26-04-2022
Specific performance of agreement - Agreement to sell - Three Courts below have recorded the concurrent findings of facts in favour of the respondent-plaintiff with regard to the respondent having proved his readiness and willingness to perform his part of contract, and since the Courts below have exercised their discretion in favour of the respondent, directing the appellant to execute the sale deed in favour of the respondent, on the respondent depositing the balance sale consideration, and si
India Law Library Docid # 1601469

(926) SMT. KAITHUAMI [L] THROUGH L.RS. Vs. SMT. RALLIANI AND OTHERS [SUPREME COURT OF INDIA] 26-04-2022
Mizo Customary Law of Inheritance - Rule 109(5) - Inheritance - Illustration in Rule 109(5) of the Mizo Customary Law makes it clear that even if there is a natural heir, a person who supports the person until his death would inherit the properties of that person - If a close relative refuses to support a person, then the person who supports the deceased will inherit the properties of the deceased - Held, Inheritance depends upon the question as to whether a person supports the deceased in his o
India Law Library Docid # 1601470

(927) RATHISH BABU UNNIKRISHNAN Vs. THE STATE (GOVT. OF NCT OF DELHI) AND ANOTHER [SUPREME COURT OF INDIA] 26-04-2022
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Negotiable Instruments Act, 1881 (NI) - Sections 138 and 139 - Quashing of complaint at a pre-trial stage - The Court should be slow to grant the relief of quashing a complaint at a pre-trial stage, when the factual controversy is in the realm of possibility particularly because of the legal presumption - Consequences of scuttling the criminal process at a pre-trial stage can be grave and irreparable - Quashing proceedings at preliminary stage
India Law Library Docid # 1601471

(928) SHRADDHA GUPTA Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 26-04-2022
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 - Sections 2 and 3 - Quashing of proceedings - Appellant-accused contended that solely on the basis of a single FIR/charge sheet and that too with respect to a single murder, the appellant cannot be said to be a 'Gangster' and/or a member of the 'Gang' - Even a single crime committed by a 'Gang' is sufficient to implant Gangsters Act on such members of the 'Gang':
India Law Library Docid # 1601472

(929) QURBAN ALI AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 26-04-2022
Learned counsel for the State of Himachal Pradesh, on instructions, submits that necessary preventive measures were taken and after the event, corrective steps as required in terms of the decisions of this Court in Shakti Vahini Vs. Union of India & Ors., (2018) 7 SCC 192 (paragraph 55) Tehseen S. Poonawalla Vs. Union of India & Ors., (2018) 9 SCC 501 (paragraphs 40 and 41) and Kodungallur Film Society and Anr. Vs. Union of India & Ors., (2018) 10 SCC 713 (Paragraphs 20 and 21) have also been ta
India Law Library Docid # 1819069

(930) SECURITIES AND EXCHANGE BOARD OF INDIA Vs. R.T. AGRO PRIVATE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 25-04-2022
Companies Act, 2013 - Section 188 - Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 - Regulation 23 - Recalling/rescinding of resolution - Securities Appellate Tribunal has not approved this order passed by the Adjudicating Officer and has allowed the appeal filed by the present respondents while, inter alia, holding that the bar of voting as per Section 188 of the Companies Act, 2013 on related parties operated only at the time of enter
India Law Library Docid # 1601720

(931) TALEMA ELECTRONIC INDIA PRIVATE LIMITED Vs. REGIONAL DIRECTOR, ESI CORPORATION AND ANOTHER [SUPREME COURT OF INDIA] 25-04-2022
Employees State Insurance Act, 1948 - Section 2(22)(d) - Conveyance allowance - The "conveyance allowance" is equivalent to the traveling allowance and therefore any conveyance allowance/traveling allowance is excluded from the definition of "wages".
India Law Library Docid # 1601725

(932) DELHI DEVELOPMENT AUTHORITY Vs. BHIM SAIN GOEL AND OTHER [SUPREME COURT OF INDIA] 25-04-2022
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.
India Law Library Docid # 1601588

(933) P. RANJITHARAJ Vs. THE STATE OF TAMIL NADU AND OTHERS [SUPREME COURT OF INDIA] 25-04-2022
Service Law- Appointment - When those who are lower in order of merit to the appellants were appointed by an order, the appellants have no right of say in the matter of appointment and no justification has been tendered by the State respondent as to why their names were withheld for two/three years, when their names were cleared by the Commission on 3rd September, 2002 and sent to the State Government and finally appointments were made of the appellants on 23rd August, 2005 and 23rd April, 2004
India Law Library Docid # 1601463

(934) MANIBEN MAGANBHAI BHARIYA Vs. DISTRICT DEVELOPMENT OFFICER DAHOD AND OTHERS [SUPREME COURT OF INDIA] 25-04-2022
Payment of Gratuity Act, 1972 - Sections 1(3)(c), 2(a) and 3(1)(b) - Anganwadi centres - Right of Children to Free and Compulsory Education Act, 2009 - Section 11 - The 1972 Act will apply to Anganwadi centres and in turn to Anganwadi Workers (AWWs) and Anganwadi Helpers (AWHs) - Anganwadi centres are establishments contemplated by clause (b) of sub­section (3) of Section 1 of the 1972 Act - Hence, 'establishments' contemplated by clause (b) can be establishments within the meaning of any law fo
India Law Library Docid # 1601464

(935) HARIS MARINE PRODUCTS Vs. EXPORT CREDIT GUARANTEE CORPORATION (ECGC) LIMITED [SUPREME COURT OF INDIA] 25-04-2022
Foreign Trade (Development and Regulation) Act, 1992 - Section 5 - Date of loading goods onto the vessel, which commenced one day prior to the effective date of the policy, is not as significant as the date on which the foreign buyer failed to pay for the goods exported, which was well within the coverage period of the Policy - Thus, the claim could not be dismissed simply on such basis, especially given that the date of loading the goods onto the vessel was immaterial to the purpose for which t
India Law Library Docid # 1601465

(936) M/S INVENT ASSET SECURITISATION AND RECONSTRUCTION PRIVATE LIMITED Vs. M/S GIRNAR FIBRES LIMITED [SUPREME COURT OF INDIA] 25-04-2022
Insolvency and Bankruptcy Code, 2016 - Section 7 - Provisions of the Code are essentially intended to bring the corporate debtor to its feet and are not of money recovery proceedings as such - National Company Law Tribunal and thereafter, the National Company Law Appellate Tribunal have rightly taken the view that the application as moved by the present appellant under Section 7 of the Insolvency and Bankruptcy Code, 2016 was barred by limitation.
India Law Library Docid # 1601713

(937) S.J. SURYAH (A.K.A S. JUSTIN SELVARAJ) Vs. S.S. CHAKRAVARTHY AND ANOTHER [SUPREME COURT OF INDIA] 25-04-2022
We have gone through the impugned judgment and order passed by the High Court. No interference of this Court is called for insofar as refusing to grant the injunction is concerned. However, at the same time, it is observed that if ultimately the plaintiff succeeds in the suit and establishes his right, he can claim the damages and/or compensation, which may be considered in accordance with law and on its own merits.
India Law Library Docid # 1819061

(938) IN RE : CHILDREN IN STREET SITUATIONS Vs. [SUPREME COURT OF INDIA] 25-04-2022
In view of the deficient and haphazard measures taken by different State Governments/Union Territories for rescuing Children in Street Situations (CiSS) and rehabilitating them, a direction was given to the State Governments/Union Territories, by an order dated 17.01.2022, to formulate a policy for the rehabilitation of CiSS, with the guidance of the NCPCR. On 21.02.2022, State Governments/Union Territories were directed to implement suggestions made by the NCPCR for formulating policy for rescu
India Law Library Docid # 1819040

(939) RAM CHANDER Vs. THE STATE OF CHHATTISGARH AND ANOTHER [SUPREME COURT OF INDIA] 22-04-2022
Criminal Procedure Code, 1973 (CrPC) - Section 432 - Penal Code, 1860 (IPC) - Section 302 read with Section 149 - Murder - Remission of sentence - Court has the power to review the decision of the government regarding the acceptance or rejection of an application for remission under Section 432 of the CrPC to determine whether the decision is arbitrary in nature - Court can review the decision of the government to determine whether it was arbitrary, it cannot usurp the power of the government an
India Law Library Docid # 1601457

(940) ALLAHABAD BANK AND OTHERS Vs. AVTAR BHUSHAN BHARTIYA [SUPREME COURT OF INDIA] 22-04-2022
Labour Law - In cases of wrongful termination of service, reinstatement with continuity of service and back wages is the normal rule - The aforesaid rule is subject to the rider that while deciding the issue of back wages, the adjudicating authority or the Court may take into consideration the length of service of the employee/workman, the nature of misconduct, if any, found proved against the employee/workman, the financial condition of the employer and similar other factors - Ordinarily, an em
India Law Library Docid # 1601458

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