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(721) S. DAVID RAJKUMAR Vs. R. GEETHA[SUPREME COURT OF INDIA] 01-02-2024
The limited grievance raised by the Appellant in the present Appeal is that though the High Court had enhanced the amount awarded by the Motor Accident Claims Tribunal, For short the Tribunal Chennai vide Award, dtd. 22/7/2005 from Rs.1,09,598.00 (Rupees One Lakh Nine Thousand Five Hundred and Ninety Eight) to Rs.6,80,000.00 (Rupees Six Lakhs and Eighty Thousand), noting that the Court-fee affixed by the Appellant on the Appeal was proportionately valued at Rs.3,00,000.00 (Rupees Three Lakhs), t
India Law Library Docid # 1884114

(722) SUSHIL KUMAR PANDEY AND OTHERS Vs. THE HIGH COURT OF JHARKHAND AND ANOTHER [SUPREME COURT OF INDIA] 01-02-2024
Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rules, 2001 - Rules 11, 14 and 30 - Judicial Service - Change of Selection criteria - Selection process of District Judge Cadre in the State of Jharkhand - Empowers the High Court administration in specific cases to reassess the suitability and eligibility of a candidate in a special situation by calling for additional documents - High Court administration cannot take aid of this Rule to take a blanket decis
India Law Library Docid # 1603926

(723) HARYANA STAFF SELECTION COMMISSION Vs. SUBHASH CHAND AND OTHERS [SUPREME COURT OF INDIA] 31-01-2024
The appellant-Haryana Staff Selection Commission published an advertisement on 28th June, 2015 inviting applications for the posts of (PGT)-H.E.S.II (Group-B Services). The closing date for the submission of online applications was 21st September, 2015. The last date for the deposit of fee by the candidates was 24th September, 2015. The advertisement itself specifies the posts reserved for various categories, including SBC (5%) and EBPGC (5%). The first respondent specifically applied under the
India Law Library Docid # 1882348

(724) KUMUD GUPTA Vs. IFFCO TOKIO GENERAL INSURANCE CO. LTD[SUPREME COURT OF INDIA] 31-01-2024
Appellants counsel submitted that the Tribunal had rightly assessed the compensation at Rs.47,10,000.00 (Rupees Forty Seven Lakhs and Ten Thousands only) with interest at 7.5% per annum from the date of the Claim Petition till realisation and a sum of Rs.35,31,151.00 (Rupees Thirty Five Lakhs, Thirty One Thousand, one Hundred and Fifty One Only) was also deposited and which has been received by the appellants herein. However, in the appeal filed by the respondent-Insurer, the High Court, by the
India Law Library Docid # 1883040

(725) VANDEEP SINGH BASRA AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 31-01-2024
Education Law — Selection — The petitioners were selected for a superspecialty course at the Institute of National Importance (INI) — They sought permission to resign from their current institutions to join INI — Whether the petitioners should be allowed to resign from their current institutions and whether the vacant seats should be included in the mop-up round — The court approved the proposal from the Ministry of Health and Family Welfare, allowing the petitioners to resign and the vacant sea
India Law Library Docid # 2417326

(726) GOVERNMENT OF GOA THROUGH THE CHIEF SECRETARY Vs. MARIA JULIETA D’SOUZA (D) AND OTHERS [SUPREME COURT OF INDIA] 31-01-2024
Suit for declaration of title and injunction - There is a clear distinction between burden of proof and standard of proof - While inquiring into whether a fact is proved, the sufficiency of evidence is to be seen in the context of standard of proof, which in civil cases is by preponderance of probability - High Court has correctly arrived at its conclusion regarding the existence of title in favour of the plaintiff on the basis of the evidence adduced - Appeal dismissed.
India Law Library Docid # 1603927

(727) IN RE: T.N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 31-01-2024
Environmental Rule of Law - The importance of ensuring the effective functioning of these environmental bodies as this is imperative for the protection, restitution, and development of the ecology - The role of the constitutional courts is therefore to monitor the proper institutionalisation of environmental regulatory bodies and authorities - In furtherance of the principles of environmental rule of law, the bodies, authorities, regulators, and executive offices entrusted with environmental dut
India Law Library Docid # 1603904

(728) BHARAT SHER SINGH KALSIA Vs. STATE OF BIHAR AND ANOTHER [SUPREME COURT OF INDIA] 31-01-2024
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 409, 467, 468, 471 and 420 - Quashing of FIR - Misuse of Power of Attorney, misappropriation of property, failure to provide an account, and participation in a fraudulent sale deed - The dispute, if any, is between the land-owners/principals inter-se and/or between them and the PoA-holder - It would be improper to drag the appellant into criminal litigation, when he had no role either in the execution of the P
India Law Library Docid # 1603905

(729) SAFIYA BANO ALIAS SHAKIRA AND OTHERS Vs. THE STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 30-01-2024
This appeal challenges the order dated 24th July 2019, passed by the High Court of Judicature at Allahabad, Lucknow Bench, in Writ Petition (M/B) No. 17636 of 2019, vide which the petition filed by the present appellants under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) for quashing of the FIR No. 321 of 2019 for the offences punishable under Sections 498¡A, 323, 504, 494, 377 of Indian Penal Code, 1860 (for short, IPC) against the present appellants is rejected.
India Law Library Docid # 1882346

(730) VEENA GUPTA AND ANOTHER Vs. CENTRAL POLLUTION CONTROL BOARD AND OTHERS [SUPREME COURT OF INDIA] 30-01-2024
National Green Tribunal (NGT) passed an ex parte order in suo motu proceedings, holding the appellants guilty and directing payment of compensation without issuing notices to the Project Proponents - The main issue was whether the NGT's orders were sustainable, considering they were passed without giving the appellant an opportunity to be heard - The appellants argued that they were not given a full opportunity to contest the matter and place all their defenses before the NGT - The respondents,
India Law Library Docid # 1882507

(731) VITHAL Vs. THE STATE OF KARNATAKA [SUPREME COURT OF INDIA] 30-01-2024
This appeal was heard for admission, as a fresh case on 13.12.2023. While reserving orders, we had required Mr. S. Nagamuthu, learned senior counsel appearing for the appellant to submit written brief by 05.01.2024. The same has since been filed. Prima facie, we were inclined to dismiss the appeal, however, after considering the submissions, we feel that this appeal raises a substantial question which needs to be addressed and decided by this Court. Since we had heard the matter at length and, a
India Law Library Docid # 1882515

(732) VEENA GUPTA AND ANOTHER Vs. CENTRAL POLLUTION CONTROL BOARD AND OTHERS [SUPREME COURT OF INDIA] 30-01-2024
These appeals arise out of two orders passed by the National Green Tribunal (Tribunal for short). The main order arises out of an ex parte order in suo motu proceedings holding the appellants to be guilty and directing payment of compensation. The second order is the dismissal of the review petition filed by the appellant No.2 alleging that he had not been given an opportunity before an adverse order was passed naoain st him. For the reasons to follow, we set aside the orders and remand the matt
India Law Library Docid # 1882516

(733) STATE OF UTTAR PRADESH Vs. IN RE CONSTITUTION OF EDUCATION TRIBUNALS (SUO MOTO) [SUPREME COURT OF INDIA] 30-01-2024
Uttar Pradesh Service Tribunal Act, 2021 — The appeal challenges an order by the Allahabad High Court regarding the establishment of Education Tribunals under the Uttar Pradesh Service Tribunal Act, 2021 — The main issue is whether the High Court's interim order encroaches upon the legislative and executive domains by requiring the State to establish the Tribunal only after the Court's leave — The State of Uttar Pradesh argues that the High Court's interim directions should be stayed until the m
India Law Library Docid # 2417327

(734) PRABHU Vs. THE STATE REP BY THE INSPECTOR OF POLICE AND ANOTHER [SUPREME COURT OF INDIA] 30-01-2024
Penal Code, 1860 (IPC) — Sections 417 and 306 — Tamil Nadu Prohibition of Harassment of Woman Act, 2002 — Section 4 — The case involves the appellant, who was accused of abetting the suicide — They were in a relationship, and ‘K’ committed suicide after appellant’s family arranged his marriage to someone else — Whether the appellant's actions constituted abetment of suicide under Section 306 IPC and cheating under Section 417 IPC, along with harassment under Section 4 of the TNPHW Act — The Sup
India Law Library Docid # 2417328

(735) VINOD KUMAR AND OTHERS ETC. Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 30-01-2024
Service Law — Regularization and Absorption — The appellants were appointed as temporary Accounts Clerks in 1992 and have been continuously working for over 25 years — Whether the appellants are entitled to regularization and absorption into permanent posts — The appellants argued that their continuous service and the nature of their duties warrant regularization — The respondents maintained that the appellants' appointments were temporary and scheme-based, not entitling them to regularization —
India Law Library Docid # 2417329

(736) SHATRUGHNA ATMARAM PATIL AND OTHERS Vs. VINOD DODHU CHAUDHARY AND ANOTHER [SUPREME COURT OF INDIA] 30-01-2024
Property Dispute – Dispute over illegal demolition - The case involves a dispute over premises owned by ‘R’ later sold to five individuals - The tenants filed a complaint alleging illegal demolition and coercion by the deceased owner's brother, widow, and police personnel - The complaint initially faced challenges, leading to a revision by the Sessions Judge, which directed registration and investigation - The accused, including police personnel, appealed to the High Court, which upheld the orde
India Law Library Docid # 1603898

(737) SHEIKH ARIF Vs. THE STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 30-01-2024
Penal Code, 1860 (IPC) – Sections 376(2), 377, 504, 506 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 - Section 3 – Rape - Consensual relationship - Quashing of Criminal Proceedings - The appellant faced charges under above section, based on an FIR filed by the second respondent - The complaint alleged a consensual relationship with the appellant, false promises of marriage, and subsequent marriage to another woman - The appellant contended a valid Nikah with the
India Law Library Docid # 1603899

(738) BAITULLA ISMAIL SHAIKH AND ANOTHER Vs. KHATIJA ISMAIL PANHALKAR AND OTHERS [SUPREME COURT OF INDIA] 30-01-2024
Maharashtra Rent Control Act 1999 - Section 16(1)(i) - When landlord may recover possession - The Bombay High Court, in a judgment dated 4th August 2015, set aside the eviction decrees passed against the tenants in two separate suits filed by the landlords - The tenants had challenged the eviction orders on the ground that they were not bona fide requirements of the landlords - The landlords had sought eviction of the tenants on the grounds that they required the premises for demolition and cons
India Law Library Docid # 1603900

(739) AMIT KUMAR DAS, JOINT SECRETARY, BAITANIK, A REGISTERED SOCIETY Vs. SHRIMATI HUTHEESINGH TAGORE CHARITABLE TRUST [SUPREME COURT OF INDIA] 30-01-2024
Contempt of Courts Act, 1971 - Section 2(b) - ‘civil contempt’ - This case involves a dispute related to contempt of court arising from a stay order passed in an appeal - The contemnor allegedly violated the stay order by letting out the premises for exhibitions, prompting the Trust to initiate contempt proceedings - Instead of proceeding with contempt proceedings, the High Court vacated the stay order, allowing the Trust to execute the decree - The contemnor challenged this decision, arguing th
India Law Library Docid # 1603901

(740) SACHIN GARG Vs. STATE OF U.P AND ANOTHER [SUPREME COURT OF INDIA] 30-01-2024
Criminal Law - Allegations do not establish the ingredients of criminal offences - Dispute between the parties was essentially a commercial nature - Appellant, who was the Head of the factory of Exide Industries Limited ("EIL"), is involved in a dispute with the respondent, who runs a proprietary concern named Ambika Gases - The dispute revolves around a purchase order for the supply of Dissolved Acetylene Gas ("DA Gas"), used in manufacturing batteries at the EIL factory - The original purchase
India Law Library Docid # 1603902