Month: March 2022

Service Matters

Appellant has been teaching the very same subject for the past nearly 16 years – Original Selection Committee which found him eligible for appointment, comprised of Professors from the Department of Sanskrit of which the diploma course in ‘Karm Kand’ was a part, a direction is issued to the University to regularise the services of the appellant.

SUPREME COURT OF INDIA DIVISION BENCH DINESH CHANDRA SHUKLA — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

When the auction bid of the respondent had been Rs. 1.935 crores for the assets under sale, the Company Court had fixed the value of immovable property therein at Rs. 1.4 crores; and the District Registrar was also satisfied with that valuation. Therefore, stamp duty was to be collected only on the said valuation i.e., Rs. 1.4 crores

SUPREME COURT OF INDIA DIVISION BENCH THE SUB REGISTRAR ERNAKULAM KOCHI 16 — Appellant Vs. K. SYED ALI KADAR PILLAI AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and…

(CrPC) – Section 188 – Sanction – In terms of Section 188, even if an offence is committed outside India, (a) by a citizen whether on the high seas or anywhere else or (b) by a non-citizen on a ship or aircraft registered in India, the Section gets attracted when the entirety of the offence is committed outside India; and the grant of sanction would enable such offence to be enquired into or tried in India.

SUPREME COURT OF INDIA FULL BENCH SARTAJ KHAN — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam Sri Narasimha, JJ.…

Civil Procedure Code, 1908 (CrPC) – Order 7 Rule 11 – Madhya Pradesh Land Revenue Code, 1959 – Section 257 – the defendants cannot be permitted to approbate and reprobate and to take just a contrary stand than taken before the Revenue Authority – Therefore, the learned trial Court rightly rejected the application under Order 7 Rule 11 CPC and rightly refused to reject the plaint –

SUPREME COURT OF INDIA DIVISION BENCH PREMLATA @ SUNITA — Appellant Vs. NASEEB BEE AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal…

HELD lotteries’ is a species of gambling activity and hence lotteries is within the ambit of ‘betting and gambling’ as appearing in Entry 34 List II. if lotteries are conducted by private parties or by instrumentalities or agencies authorized, by Government of India or the Government of State, it would come within the scope and ambit of Entry 34 of List II – State Legislatures have legislative competence to impose tax on the lotteries conducted by other States in their State

SUPREME COURT OF INDIA DIVISION BENCH STATE OF KARNATAKA AND ANOTHER ETC. — Appellant Vs. STATE OF MEGHALAYA AND ANOTHER ETC. — Respondent ( Before : M.R. Shah and B.V.…

Maharashtra Regional and Town Planning Act, 1966 – Sections 31(6) and 126 -The land owner cannot be deprived of the use of the land for years together. Once an embargo has been put on a land owner not to use the land in a particular manner, the said restriction cannot be kept open-ended for indefinite period – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH LAXMIKANT AND OTHERS — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

Service Matters

Armed Forces Tribunal Act, 2007 – Section 71(e) – Army Act, 1950 – Section 52(f) and 123 – Dismissal from service – Procurement of ration by Army purchase organisation – It cannot be said that the respondent has actually committed fraud or did any such act, which resulted in actual loss or wrongful gain to any person – Dismissal not sustainable

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. LT. GEN. (RETD.) S.K. SAHNI — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

HELD it has to be prima facie established that due to such alleged act of cheating the complainant had suffered a wrongful loss and the same had resulted in wrongful gain for the accused – In absence of these elements, no proceeding is permissible in the eyes of law with regard to the commission of the offence punishable u/s 420 IPC

SUPREME COURT OF INDIA DIVISION BENCH VIJAY KUMAR GHAI AND OTHERS — Appellant Vs. THE STATE OF WEST BENGAL AND OTHERS — Respondent ( Before : S. Abdul Nazeer and…

Specific performance of agreement to sell – Relief of – Merely because in the document the purpose of sale of the property was stated to be for the marriage expenses, the document which otherwise can be said to be an agreement to sell, will not become a loan agreement and/or security document

SUPREME COURT OF INDIA DIVISION BENCH KIRPAL KAUR AND ANOTHER — Appellant Vs. RITESH AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal…

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