(961) GOVERNMENT OF NCT OF DELHI AND OTHERS Vs. KRISHAN KUMAR AND OTHERS [SUPREME COURT OF INDIA] 17-02-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - The deemed lapse of land acquisition proceedings under Section 24(2) of the 2013 Act takes place where due to inaction of authorities for five years or more prior to commencement of the said Act, the possession of land has not been taken nor compensation has been paid. In other words, in case possession has been taken, compensation has no India Law Library Docid # 1602720
(962) DELHI DEVELOPMENT AUTHORITY Vs. JAGAN SINGH AND OTHERS [SUPREME COURT OF INDIA] 17-02-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - The deemed lapse of land acquisition proceedings under Section 24(2) of the 2013 Act takes place where due to inaction of authorities for five years or more prior to commencement of the said Act, the possession of land has not been taken nor compensation has been paid. In other words, in case possession has been taken, compensation has no India Law Library Docid # 1602721
(963) GOVT. OF NCT OF DELHI AND OTHERS Vs. DHANNU AND ANOTHER [SUPREME COURT OF INDIA] 17-02-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - The deemed lapse of land acquisition proceedings under Section 24(2) of the 2013 Act takes place where due to inaction of authorities for five years or more prior to commencement of the said Act, the possession of land has not been taken nor compensation has been paid. In other words, in case possession has been taken, compensation has no India Law Library Docid # 1602722
(964) LAND AND BUILDING DEPARTMENT AND ANOTHER Vs. MANISH SETHI AND OTHERS [SUPREME COURT OF INDIA] 17-02-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - The deemed lapse of land acquisition proceedings under Section 24(2) of the 2013 Act takes place where due to inaction of authorities for five years or more prior to commencement of the said Act, the possession of land has not been taken nor compensation has been paid. In other words, in case possession has been taken, compensation has no India Law Library Docid # 1602723
(965) NATIONAL TECHNICAL RESEARCH ORGANIZATION AND OTHERS Vs. DIPTI DEODHARE [SUPREME COURT OF INDIA] 17-02-2023 Service Law - Discharge - Service benefits - Once, she was relieved from NTRO and she had reported for duty as Scientist – G in DRDO - She cannot be permitted to claim that she had continued working as Scientist – H in NTRO - Respondent was appointed as Scientist – H in NTRO as a direct recruit, on probation and her probation period was not completed - Before her probation period was completed/over, she was relieved - Therefore, even as per the CCS (Pension) Rules, 1972, she could not have been India Law Library Docid # 1602724
(966) S.M. PASHA AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 17-02-2023 Development agreement - Withdraw - Petitioners has prayed to withdraw the SLP in view of the subsequent development - It is submitted that the subsequent developments are mentioned in IA - It is pointed out that during the pendency of the present proceedings, the development agreement in favour of respondent No. 5 has been terminated on 08.10.2018 - Having heard learned senior counsel/counsel appearing on behalf of the respective parties and taking into consideration the subsequent development s India Law Library Docid # 1602725
(967) M/S IL&FS TAMIL NADU POWER COMPANY LIMITED Vs. T. MURUGANANDAM AND OTHERS [SUPREME COURT OF INDIA] 17-02-2023 Corrigendum to Environment Clearance on additional conditions - Challenge - Whether against the corrigendum to the Environment Clearance (EC) along with additional conditions, an appeal before the NGT would be maintainable or not - Held, An aggrieved person may always challenge the corrigendum to the EC, however, the appeal will be restricted to the corrigendum to the EC on additional conditions only, if the original EC is not under challenge and/or the original EC has been confirmed by the NGT India Law Library Docid # 1602726
(968) DELHI DEVELOPMENT AUTHORITY Vs. MGS (INDIA) PRIVATE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 17-02-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - A subsequent purchaser had no locus to pray for lapsing of the acquisition. India Law Library Docid # 1602727
(969) THE GENERAL MANAGER SOUTH EASTERN COALFIELDS LTD. AND OTHERS Vs. AVINASH KUMAR TIWARI [SUPREME COURT OF INDIA] 17-02-2023 Service Law - Alternation of date of birth cannot be made after a long delay and especially towards the end of the career of an employee. India Law Library Docid # 1602863
(970) SHELLY OBEROI AND ANOTHER Vs. OFFICE OF LIEUTENANT GOVERNOR OF DELHI AND OTHERS [SUPREME COURT OF INDIA] 17-02-2023 Constitution of India, 1950 - Article 243R - Delhi Municipal Corporation Act, 1957 - Section 3(3)(b)(i) - MCD Mayor Polls - Members who are nominated in terms of Section 3(3)(b)(i) of the Act shall not have the right to vote - Due to a restriction established by the Constitution, nominated members who are appointed due to their expertise or experience in municipal administration are not allowed to vote India Law Library Docid # 1602728
(971) VARYAVA ABDUL VAHAB MAHMOOD Vs. THE STATE OF GUJARAT AND ANOTHER [SUPREME COURT OF INDIA] 17-02-2023 Penal Code, 1860 (IPC) - Section 120B, 153(B)(1)(c) and 506(2) - Gujarat Freedom of Religion Act, 2003 - Section 4 - Pre-Arrest Bail - Forcefully converting 37 families and 100 Hindus to Islam - It proper to confirm the ad-interim order passed earlier and direct that, in case of arrest of the petitioner, he be released on bail on the terms and conditions, which may be imposed by the learned trial Court - If the State/Investigating Agency is of the opinion that the custodial investigation is requ India Law Library Docid # 1602877
(972) SWAMI ACHYUTANAND TIRTH Vs. AJAY KUMAR BHALLA AND OTHERS [SUPREME COURT OF INDIA] 17-02-2023 The Contempt Petition arises from the judgment of this Court dated 5 August 2016 by which certain directions were issued for the implementation of the provisions of the Food Safety and Standards Act 2006. India Law Library Docid # 1602899
(973) P. GOPALKRISHNAN @ DILEEP Vs. THE STATE OF KERALA [SUPREME COURT OF INDIA] 17-02-2023 Considering the order dated 13.02.2023, it appears that 41 witnesses are further proposed for examination. India Law Library Docid # 1602900
(974) GAUTAM NAVLAKHA Vs. NATIONAL INVESTIGATION AGENCY AND ANOTHER [SUPREME COURT OF INDIA] 17-02-2023 Learned senior counsel for the petitioner seeks permission to withdrawn the interlocutory application (I.A. No. 21339/2023). India Law Library Docid # 1602901
(975) SUBHASH DESAI Vs. PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 17-02-2023 Mr Kapil Sibal, Dr Abhishek Manu Singhvi and Mr Devadatt Kamat, learned Senior Counsel seek a reference to a larger Bench. The submission has been opposed by Mr Harish Salve, Mr Neeraj Kishan Kaul, Mr Mahesh Jethmalani, Mr Maninder Singh and Mr Siddharth Bhatnagar, learned Senior Counsel appearing for the other side. Mr Tushar Mehta, learned Solicitor General, appeared on behalf of the Governor of the State of Maharashtra. India Law Library Docid # 1602891
(976) CHAUS TAUSHIF ALIMIYA ETC. Vs. MEMON MAHMMAD UMAR ANWARBHAI AND OTHERS [SUPREME COURT OF INDIA] 16-02-2023 Motor Vehicle Act, 1988 - Section 166 and 168 - Enhancement of compensation - Award of compensation cannot be based on any mathematical formula, but has to be commensurate to the nature of suffering and pain - With regard to the claim for future medical expenses for the appellant who has suffered 95% disability and would require physiotherapy services throughout his life, the compensation awarded by the High Court at Rs. 3,00,000/ appears to be less India Law Library Docid # 1602718
(977) RAVINDER KUMAR GOEL Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 15-02-2023 Land Acquisition Act, 1894 - Section 4 read with Section 17 (2) - Acquisition of land - Determination of market value - Land acquired is for the construction of a new Expressway which would require not just laying of the roads but also providing several amenities through the highway and also creation of service roads, flyovers, underpass to townships across such highway - Land is also to be left as a divider to bifurcate the twoway roads - Therefore, it would not be justified in saying that no India Law Library Docid # 1602717
(978) PANCHAM LAL PANDEY Vs. NEERAJ KUMAR MISHRA AND OTHERS [SUPREME COURT OF INDIA] 15-02-2023 Review of case - Provision of review is not to scrutinize the correctness of the decision rendered rather to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed - Division Bench in allowing the review petition has dealt with the matter as it is seized of the special appeal itself and has virtually reversed the decision by taking a completely new stand for the paym India Law Library Docid # 1602713
(979) AJAI ALIAS AJJU ETC. ETC. Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 15-02-2023 Penal Code, 1860 (IPC) - Section 302 and 149 - Criminal Procedure Code, 1973 (CrPC) - Section 164 - Murder - Non-examination of the statement under section 164 CrPC also has no relevance or bearing to the findings and conclusions arrived at by the courts below - It was for the Investigating Officer to have got the statement under section 164 CrPC recorded - If he did not think it necessary in his wisdom, it cannot have any bearing on the testimony of witness and the other material evidence led d India Law Library Docid # 1602712
(980) DR. B R AMBEDKAR UNIVERSITY, AGRA Vs. DEVARSH NATH GUPTA AND OTHERS [SUPREME COURT OF INDIA] 14-02-2023 The writ petitioner of this case (respondent No. 1 herein), being a student of M.B.B.S. Course at S.N. Medical College, Agra, affiliated to the appellant-University, appeared in M.B.B.S. (1st Professional) Examination held in the month of December, 2018. In the result of the said examination, the writ petitioner was declared as failed even after securing 344 marks out 600 for the reason that in Paper-II of Physiology, he got only 6 marks out of 50. India Law Library Docid # 1602864