July 2022 - Page 4 of 8 - Supreme Court of India Judgements

February 23, 2025 12:49 pm

State of Haryana withdrew from acquisition declared as mala fide and inoperative HELD the land transfers are invalidated all transfers effected from the date of publication of the notification under Section 4, to the date of publication of the State’s decision to revoke the acquisition i.e., from 27.08.2004 to 29.01.2010 .

Jul 22, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH RAMESHWAR AND OTHERS — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam…

Environment

Forest (Conservation) Act, 1980 – Section 2 – Restriction on the dereservation of forests or use of forest land for non-forest purpose – State Government or any other authority can always permit the use of any forest land or any portion thereof for non-forest purposes only with the prior approval of the Central Government

Jul 22, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH NARINDER SINGH AND OTHERS — Appellant Vs. DIVESH BHUTANI AND OTHERS — Respondent ( Before : A. M. Khanwilkar, Abhay S. Oka and C.…

State Laws

Madhya Pradesh Public Trusts Act 1951 – Sections 14 36(1) – Misappropriation of government properties – Validity of the Direction to Hold Inquiry through Economic Offences Wing — Allegation of misappropriation can be gone into only by the Authorities under the Public Trusts Act

Jul 22, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH THE KHASGI (DEVI AHILYABAI HOLKAR CHARITIES) TRUST, INDORE AND ANOTHER — Appellant Vs. VIPIN DHANAITKAR AND OTHERS — Respondent ( Before : A.M.Khanwilkar, Abhay…

Bail Declined

Considering the seriousness of the offences alleged, this was not a fit case for grant of anticipatory bail, when according to the State, recoveries are yet to be made and the respondent has not extended full cooperation in the investigation – Appeal allowed.

Jul 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SADHNA CHAUDHARY — Appellant Vs. THE STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : Ajay Rastogi and Vikram Nath, JJ. ) Criminal…

Specific Performance

Specific performance -There is a distinction between readiness and willingness to perform the contract and both ingredients are necessary for the relief of Specific Performance – While readiness means the capacity of the Plaintiff to perform the contract which would include his financial position, willingness relates to the conduct of the Plaintiff.

Jul 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH U.N. KRISHNAMURTHY (SINCE DECEASED) THR. LRS. — Appellant Vs. A. M. KRISHNAMURTHY — Respondent ( Before : Indira Banerjee and Hrishikesh Roy, JJ. )…

State Laws

HELD On account of competition between the existing and new sugar factory, it would be the farmers who will be the beneficiary as they would have an option to select the sugar mill which provides better service in the manner of payment of price. Keeping in view the recommendations of the Rangarajan Committee and the fact that the Central Government has exercised its jurisdiction to grant extension in time, the ultimate beneficiary would be the farmer and not the existing or the new sugar factory.

Jul 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SWAMI SAMARTH SUGARS AND AGRO INDUSTRIES LTD. — Appellant Vs. LOKNETE MARUTRAO GHULE PATIL DNYANESHWAR SAHAKARI SAKHAR KARKHANA LTD AND OTHERS — Respondent (…

Juvenile Justice

Preliminary Assessment to try Juvenile as Adult – While considering a child as an adult one needs to look at his/her physical maturity, cognitive abilities, social and emotional competencies.

Jul 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH BARUN CHANDRA THAKUR — Appellant Vs. MASTER BHOLU AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Vikram Nath, JJ. ) Criminal Appeal…

Evidence Act

Evidence Act, 1872 – Sections 8 and 27 – Discovery of weapon – Disclosure statement – Evidence of discovery would be admissible as conduct under Section 8 of the Act quite apart from the admissibility of the disclosure statement under Section 27.

Jul 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SHAHAJA @ SHAHAJAN ISMAIL MOHD. SHAIKH — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : Surya Kant and J.B. Pardiwala, JJ. )…

Cr P C

(CrPC) – Section 374(2) – Appeal against conviction – Appeal was already admitted – No ground to dismiss an appeal against conviction, which was already admitted for final hearing, for non-prosecution without adverting to merits.

Jul 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH DHANANJAY RAI @ GUDDU RAI — Appellant Vs. STATE OF BIHAR — Respondent ( Before : Abhay S. Oka and M.M. Sundresh, JJ. )…

Service

Assam Rifles – Order of discharge passed against the appellant herein is hereby set aside – Appellant shall be treated to have been in service till the time he would have completed the qualifying service for grant of pension.

Jul 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH AMARENDRA KUMAR PANDEY — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Surya Kant and J.B. Pardiwala, JJ. ) Civil…

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C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw

Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Child Custody

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Feb 9, 2025 sclaw

Month: July 2022

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