Month: February 2023

Medical College Admissions in breach of court order . Disastrous consequences which will be faced by the students if their admissions are disturbed, the sanctity of the judicial process has to be observed also. HELD that the admissions which were granted to 100 students should not be disturbed conditional on the Medical College depositing an amount of Rs 2.5 crores AIIMS.

SUPREME COURT OF INDIA FULL BENCH NATIONAL MEDICAL COMMISSION AND ANOTHER — Appellant Vs. ANNASAHEB CHUDAMAN PATIL MEMORIAL MEDICAL COLLEGE AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y.…

The attempt by the appellants to have these appeals argued of only academic interest and would not serve any practical purpose because there is no current lis where the principles and circumstances prior may be applied. – Impose costs of Rs. 5,00,000/- on the appellants for unnecessarily prolonging the proceedings before SCOI. This sum is to be donated to any benevolent organisation that helps children with cancer.

SUPREME COURT OF INDIA DIVISION BENCH G.T.C. INDUSTRIES LTD (NOW KNOWN AS GOLDEN TOBACCO LIMITED) THR. MANAGER LEGAL AND ANOTHER — Appellant Vs. COLLECTOR OF CENTRAL EXCISE AND OTHERS —…

Service Matters

Employee had died on 11.08.2009 whereas the Government order is dated 16.9.2009 – Therefore, there was no chance for him to exercise any option at all – HELD the LRs would be entitled to the benefit of the Government Order dated 16.9.2009 and would be entitled to the benefit of death-cum-retirement gratuity being the heirs of the deceased employee.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF U.P. AND OTHERS — Appellant Vs. SMT. PRIYANKA — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal…

Land Acquisition Act, 1894 – Section 25 – Determination of compensation – the sale deed is dated 2.11.2006 and the acquisition of the same villages commenced vide notification dated 30.06.2005 and therefore the sale deed after the first notification dated 30.06.2005 could not have been the basis for assessing/determining the compensation with respect to the subsequent acquisition – On the contrary, giving 8 to 12 percent cumulative increase on the amount of compensation awarded for the land acquired vide notification dated 30.06.2005, would be a safe and guiding factor.

Docid # IndLawLib/1602681   SUPREME COURT OF INDIA DIVISION BENCH HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED AND OTHERS — Appellant Vs. SATPAL AND OTHERS ETC. ETC. — Respondent…

Fire Policy – Once that assessment has been made regarding the loss/damage which took place due to fire dated 20th October, 2006 and that was not disputed by the Company, repudiating the claim invoking clause 6(b) of the policy, was unfair and is not legally sustainable – Company is directed to make the payment of Rs, 21,76,524/ as assessed by the Surveyor along with interest @ 8% per annum from the date of the Surveyor’s report.

SUPREME COURT OF INDIA DIVISION BENCH KARNAVATI VENEERS PRIVATE LIMITED — Appellant Vs. NEW INDIA ASSURANCE COMPANY LIMITED AND OTHERS — Respondent ( Before : Ajay Rastogi and C.T. Ravikumar,…

HELD possession of the land in question was taken on 04.03.1983, the impugned judgment and order passed by the High Court declaring that the land acquisition proceedings initiated under the Act, 1894 with respect to land in question is deemed to have lapsed under Section 24(2) of the Act, 2013 is unsustainable and deserves to be quashed and set aside and is accordingly quashed and set aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI AND ANOTHER — Appellant Vs. SHAKEEL AHMED AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

HELD possession of the land in question was taken on 23.02.2007, the impugned judgment and order passed by the High Court declaring that the land acquisition proceedings initiated under the Act, 1894 with respect to land in question is deemed to have lapsed under Section 24(2) of the Act, 2013 is unsustainable and deserves to be quashed and set aside and is accordingly quashed and set aside

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI AND ANOTHER — Appellant Vs. SH. MANISH AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

HELD the impugned judgment and order passed by the High Court declaring that the land acquisition proceedings initiated under the Act, 1894 with respect to land in question is deemed to have lapsed under Section 24(2) of the Act, 2013 is unsustainable and deserves to be quashed and set aside and is accordingly quashed and set aside.

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI AND ANOTHER — Appellant Vs. SH. NARENDER AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

You missed

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.