August 2022 - Page 7 of 10 - Supreme Court of India Judgements

April 6, 2025 5:19 am

Calcutta Thika Tenancy Act, 1949 HELD a. that the structure in question was a pucca structure; and b. that the Act of 1981 was not operative in relation to the property in question because of the stay order passed by the High Court.

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH NEMAI CHANDRA KUMAR (D) THR. LRS. AND OTHERS — Appellant Vs. MANI SQUARE LIMITED. AND OTHERS — Respondent ( Before : A.M. Khanwilkar and…

SARFAESI

SARFAESI Act – Expression “District Magistrate” and the “Chief Metropolitan Magistrate” as appearing in Section 14 of the SARFAESI Act shall deem to mean and include Additional District Magistrate and Additional Chief Metropolitan Magistrate

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S R.D. JAIN AND CO. — Appellant Vs. CAPITAL FIRST LTD. AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11(6) – Once an arbitrator is not appointed as per the agreed procedure within stipulated time, right of the party concerned to appoint an arbitrator is forfeited.

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S CONTINENTAL INDIA PRIVATE LIMITED — Appellant Vs. GENERAL MANAGER NORTHERN RAILWAY — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

State Laws

Kerala Motor Transport Workers Welfare Fund Act, 1985 – Section 8A – – are only intended to ensure that the vehicle owner/permit-holder does not remain in arrears of either the welfare fund contribution or the vehicle tax both payable under the State enactments. These provisions are in no way in conflict with the law made by the Parliament

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH ALL KERALA DISTRIBUTORS ASSOCIATION, KOTTAYAM UNIT, REPRESENTED BY ITS SECRETARY — Appellant Vs. THE STATE OF KERALA AND ANOTHER — Respondent ( Before :…

State Laws

Karnataka Housing Board Act, 1962 – Section 33(2) – HELD effect that initiation of proceedings for acquisition invoking the power under Section 33(2) of the KHB Act without the housing scheme being in existence or the housing scheme not having been sanctioned under Section 24(2) thereof, would not render such proceedings null and void- unless sanction is obtained from the State Government for execution of any scheme therein, in terms of Section 24(2) of KHB Act, the actual act to complete the process, viz., execution shall not be effected thereon.

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH THE KARNATAKA HOUSING BOARD AND ANOTHER — Appellant Vs. STATE OF KARNATAKA AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and…

Matrimonial

Hindu Minority and Adoption Act, 1956 – Sections 6 and 12 – Change the surname of child HELD mother being the only natural guardian of the child has the right to decide the surname of the child. She also has the right to give the child in adoption.

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MRS. AKELLA LALITHA — Appellant Vs. SRI KONDA HANUMANTHA RAO AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Krishna Murari, JJ. )…

Service

Delhi School Education Rules, 1973 – Rule 121 – Disciplinary Proceedings – Payment of allowances on reinstatement – Delay – There should not be any room for needless and unjustifiable delay on the part of the Management in concluding the proceedings under Rule 121.

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SUNIL SIKRI — Appellant Vs. GURU HARKRISHAN PUBLIC SCHOOL AND ANOTHER — Respondent ( Before : K.M. Joseph and Pamidighantam Sri Narasimha, JJ. )…

State Laws

Karnataka Slum Areas (Improvement and Clearance) Act, 1973 – Sections 17 and 20 – Land Acquisition – Compensation to land owners – Constitutional validity of Section 20 – While considering the validity of Section 20 of the 1973 Act, it may be necessary to consider the question as to whether the expression “material resources of the community” would include private property. Matter remanded to HC.

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF KARNATAKA AND ANOTHER — Appellant Vs. B.R. MURALIDHAR AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Sanjiv Khanna, JJ.…

Limitation

Maxim lex fori, the Section provides that rules of limitation provided in a foreign jurisdiction are not applicable – However, the exception to this Rule is provided in Section 11 (2)(a), when the Contract i.e., the right itself expires – Similarly, Section 27 also recognizes the principle of extinguishment of Right to Property being an exception to the applicability of the Limitation Act, 1963.

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S BHAGWANDAS B. RAMCHANDANI — Appellant Vs. BRITISH AIRWAYS — Respondent ( Before : K.M. Joseph and Pamidighantam Sri Narasimha, JJ. ) Civil Appeal…

Child Custody

HELD the wish/desire of the child can be ascertained through interaction but then, the question as to ‘what would be in the best interest of the child’ is a matter to be decided by the court taking into account all the relevant circumstances

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ROHITH THAMMANA GOWDA — Appellant Vs. STATE OF KARNATAKA AND OTHERS — Respondent ( Before : A.M. Khanwilkar and C.T. Ravikumar, JJ. ) Civil…

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Arbitration

S. 34(3) Arbitration Act | Application Filed On Next Working Day After 90 Day Period Is Within Limitation

Apr 5, 2025 sclaw

Service

Teacher In-Service As On Aug 10, 2017 With 18-Month D.El.Ed. From NIOS Before Apr 1, 2019 ‘At Par’ With 2-Yr Diploma Holder

Apr 5, 2025 sclaw

Cr P C

In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed the connected proceedings

Mar 29, 2025 sclaw

I P C

Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served

Mar 25, 2025 sclaw

Month: August 2022

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