Category: Constitution

To continue with the temporary acquisition for number of years would be arbitrary and can be said to be infringing the right to use the property guaranteed under Article 300A of the Constitution of India – Even to continue with the temporary acquisition for a longer period can be said to be unreasonable, infringing the rights of the landowners to deal with and/or use the land.

SUPREME COURT OF INDIA DIVISION BENCH MANUBHAI SENDHABHAI BHARWAD AND ANOTHER — Appellant Vs. OIL AND NATURAL GAS CORPORATION LIMITED AND OTHERS — Respondent ( Before : M.R. Shah and…

Coal Bearing Areas (Acquisition and Development) Act, 1957 – Section 2(d), 11, 13 and 18(a) – Payment to State Governments in lieu of royalty – State being person interested in the land shall be entitled to the compensation/rental over and the amount of royalty leviable/payable under Section 18(a) of the Act, 1957

SUPREME COURT OF INDIA DIVISION BENCH MAHANADI COALFIELDS LIMITED — Appellant Vs. STATE OF ODISHA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Himachal Pradesh Motor Vehicles Taxation Act, 1972 – Section 3A(3) – Levy of Additional Special Road Tax – Constitutional Validity – Tax imposed under Section 3A(3) is regulatory in character and is not a penalty – Legislatures of the State have not only the power to make laws on the taxation to be imposed on motor vehicles as also the passengers and goods being transported by motor vehicles but also the power to lay down principles on which taxes on vehicles are to be levied –

SUPREME COURT OF INDIA FULL BENCH THE STATE OF HIMACHAL PRADESH AND OTHERS — Appellant Vs. GOEL BUS SERVICE KULLU ETC. ETC. — Respondent ( Before : Sanjay Kishan Kaul,…

Chandigarh Administration shall not sanction any plan of a building which ex facie appears to be a modus operandi to convert a single dwelling unit into three different apartments occupied by three strangers; and no Memorandum of Understanding (MoU) or agreement or settlement amongst co­owners of a residential unit shall be registered nor shall it be enforceable in law for the purpose of bifurcation or division of a single residential unit into floor­ wise apartments –

SUPREME COURT OF INDIA DIVISION BENCH RESIDENT’S WELFARE ASSOCIATION AND ANOTHER — Appellant Vs. THE UNION TERRITORY OF CHANDIGARH AND OTHERS — Respondent ( Before : B.R. Gavai and B.V.…

The Courts are meant to do justice and cannot compel a person to do something which was impossible for him to do – It is directed that the payment of Rs.1,24,28,500/- already deposited by the appellant be appropriated towards settlement dues under “Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019” and the appellant be issued discharge certificate.

SUPREME COURT OF INDIA DIVISION BENCH M/S. SHEKHAR RESORTS LIMITED (UNIT HOTEL ORIENT TAJ) — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M. R. Shah…

IMP : Demonetization – Recommendation – Scheme mandates that before the Central Government takes a decision with regard to demonetization, it would be required to consider the recommendation of the Central Board – The word “recommendation” would mean a consultative process between the Central Board and the Central Government.

SUPREME COURT OF INDIA CONSTITUTION BENCH VIVEK NARAYAN SHARMA — Appellant Vs. UNION OF INDIA — Respondent ( Before : S. Abdul Nazeer, B.R. Gavai, A.S. Bopanna, V. Ramasubramanian and…

Right to Information – Collegium discussions shall not be in the public domain – as no final decision was taken which was culminated into a final resolution drawn and signed by all the members of the Collegium, the same was not required to be disclosed in the public domain and that too under the RTI Act – Whatever is discussed shall not be in the public domain

SUPREME COURT OF INDIA DIVISION BENCH ANJALI BHARDWAJ — Appellant Vs. CPIO, SUPREME COURT OF INDIA, (RTI CELL) — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Senior citizen – Property transfer void – (1) The transfer must have been made subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor; and (2) the transferee refuses or fails to provide such amenities and physical needs to the transferor – If both the aforesaid conditions are satisfied, by a legal fiction, the transfer shall be deemed to have been made by fraud or coercion or undue influence. Such a transfer then becomes voidable at the instance of the transferor

SUPREME COURT OF INDIA DIVISION BENCH SUDESH CHHIKARA — Appellant Vs. RAMTI DEVI AND ANOTHERR — Respondent ( Before : Sanjay Kishan Kaul and Abhay S. Oka, JJ. ) Civil…