Category: Constitution

Division Bench of the High Court has not at all considered and/or given any specific findings on the possession being taken over by the Tehsildar on 25.04.1988. There is no discussion at all on the aspect whether the possession taken over by the Tehsildar. It appears that solely on the ground that the payment of compensation has not been made and ad interim order was operating, the High Court has quashed and set aside the orders passed by the Competent Authority as well as the First Appellate Court. HELD Remanded to High Court

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ORISSA AND OTHERS — Appellant Vs. SAKHI BEWA (DEAD) THROUGH LRS. — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ.…

Loan waiver to small and marginal farmers – It is settled law that a scheme cannot be held to be constitutionally suspect merely because it was based on an electoral promise – A scheme can be held suspect only within the contours of the Constitution, irrespective of the intent with which the scheme was introduced – Appeal is allowed.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF TAMIL NADU AND ANOTHER — Appellant Vs. NATIONAL SOUTH INDIAN RIVER INTERLINKING AGRICULTURIST ASSOCIATION — Respondent ( Before : Dr. Dhananjaya Y.…

Rights of Persons with Disability Act, 2016 – Sections 2(r) and 17(i) – Persons with Disabilities – Examinations – Relaxation – National Testing Agency (NTA), as an examining body, was bound to scrupulously enforce the Guidelines for Written Examinations which provides for specific relaxations – NTA must remember that all authority under the law is subject to responsibility, and above all, to a sense of accountability.

SUPREME COURT OF INDIA DIVISION BENCH AVNI PRAKASH — Appellant Vs. NATIONAL TESTING AGENCY (NTA) AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S. Bopanna, JJ.…

ESI – HELD interest demanded from the appellant is in terms of Regulation 31-A of the said Regulations. In the writ petition filed by the appellant before the Gujarat High Court, in Letters Patent Appeal and in this appeal, the appellant has not challenged the validity of the Regulation 31-A. It must be noted here that the Judgment and Order dated 10th July 2006 of the Gujarat High Court affirming the liability of the appellant to pay contribution from 30th March 1975 onwards has attained finality and therefore, the liability of the appellant to pay contribution as demanded cannot be questioned.

SUPREME COURT OF INDIA DIVISION BENCH THE TRANSPORT CORPN. OF INDIA LIMITED THROUGH SANTNU PATRA MANAGER – LEGAL — Appellant Vs. EMPLOYEES STATE INSURANCE CORPN. AND OTHERS — Respondent (…

ADVOCATE SENIOR GOWN – Constitution of India, 1950 – Articles 32 and 142 – Making allegations of impropriety against the Institution of the High Court – Withdrawal of Senior Gown – Contempt of Court – This Court views of the High Court but still endeavour to give one more and last chance to the petitioner – In a way this can really be done by recourse to Article 142 of the Constitution of India as there is merit in the contention of the learned counsel for the High Court that there is no real infringement of the fundamental rights of the petitioner – Ends of justice would be served by seeking to temporarily restore the designation of the petitioner for a period of two years from 1.1.2022.

SUPREME COURT OF INDIA DIVISION BENCH YATIN NARENDRA OZA — Appellant Vs. HIGH COURT OF GUJARAT — Respondent ( Before : Sanjay Kishan Kaul and R. Subhash Reddy, JJ. )…

Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 – Section 5 – Haryana Development and Regulation of Urban Areas Act, 1975 – Section 3 – Grant of licence to set up a group housing colony – – Principle of First Come First Serve basis adopted in grant of licences is not a valid consideration, the only consequence available was to cancel such licence which have been granted based on the so­called alleged practice which is unsustainable in law and in our considered view no error was committed in passing the order of cancellation of grant of licence to the Appellants under the judgment impugned – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH ANANT RAJ LIMITED (FORMERLY M/S. ANANT RAJ INDUSTRIES LIMITED) — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Ajay Rastogi…

Constitution of India, 1950 – Articles 14 and 226 – Allotment of quarters – Ex-employees of Mills – Right to equality – No justification at all in treating 318 ex-employees different from those 134 ex-employees who were allotted 200 Sq. Yards of plots free of cost – As such the equals are treated unequally and therefore, when the equals are treated unequally, there is a violation of Article 14 of the Constitution and therefore, the appellants were entitled to the relief sought even in exercise of powers under Article 226 of the Constitution of India.

SUPREME COURT OF INDIA DIVISION BENCH MODIFIED VOLUNTARY RETIREMENT SCHEME OF 2002 OF AZAM JAHI MILL WORKERS ASSOCIATION — Appellant Vs. NATIONAL TEXTILE CORPORATION LIMITED AND OTHERS — Respondent (…

Procedure adopted by the High Court disposing writ petition by permitting / allowing the original writ applicant to modify its offer and that too in exercise of powers under Article 226 of the Constitution is unsustainable and unknown to law -HELD Once the writ of mandamus was issued, instead of disposing of the writ petition, the High Court ought to have allowed the writ petition – Impugned order passed by the High Court is unsustainable in as such no reasons whatsoever have been assigned by the High Court on merits.

SUPREME COURT OF INDIA DIVISION BENCH VAIBHAVI ENTERPRISE — Appellant Vs. NOBEL CERA COAT AND OTHERS — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil Appeal…

Legal Services Authorities Act, 1987 – Sections 20(3) and 20(5) – Jurisdiction of Lok Adalat – Lok Adalat has no jurisdiction at all to decide the matter on meris once it is found that compromise or settlement could not be arrived at between the parties – Impugned order passed by the Lok Adalat dismissing the writ petition on merits is unsustainable and deserves to be quashed and set aside.

SUPREME COURT OF INDIA DIVISION BENCH ESTATE OFFICER — Appellant Vs. COLONEL H.V. MANKOTIA (RETIRED) — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil Appeal No.…