Supreme Court of India Judgements

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Category: State Laws

State Laws

Madhya Pradesh Land Revenue Code 1959 – Section 115 – Correction in revenue entries – There is a concurrent finding by the First Appellate Court and the High Court that the procedure not having been followed, the correction made in the revenue records and on basis of which the Temple was claimed to be a public temple and the Collector as the Manager thereof was unsustainable. – Appeal dismissed.

Oct 27, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH AND OTHERS — Appellant Vs. MURTI SHRI CHATURBHUJNATH AND OTHERS — Respondent ( Before : Navin Sinha and Sanjiv Khanna,…

State Laws

Punjab State Agricultural Marketing Board (Sale and transfer of Plots) (First Amendment) Rules, 2008 – Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1999 – Rule 3(iii) and (iv) – Where the old dealers are to be allotted shops if they can satisfy the concerned authority, be it the market committee or the board that a particular condition could not be met for a short period due to reasons beyond the control of the dealer, then even though he may not be in strict compliance of the rules, the power of relaxation must be read into the Rules.

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH WALAITI RAM CHARAN DASS AND OTHERS — Appellant Vs. STATE OF PUNJAB AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose,…

State Laws

It is clear that even encumbered area shall be declared as a rehabilitation area provided the Slum Rehabilitation Authority requires the said area for implementation of the Scheme. Admittedly, the disputed area of 1045.50 sq. mts. implementation of the Scheme. The contention of the Appellant that the declaration of 1045.50 sq. mts. under Section 3C of the Act is in colourable exercise of power is not acceptable. – Appeal dismissed.

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH   KANTABAI VASANT AHIR AND OTHERS — Appellant Vs. SLUM REHABILITATION AUTHORITY AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant…

State Laws

The High Court failed to notice that there is no prior adjudication in favour of the Respondent and the Respondent was given an opportunity to show cause as to why the premises should not be sealed. After considering the explanation submitted by the Respondent, the penalty was imposed on the Respondent and due to the failure of the payment of the amount of penalty, the premises were sealed.

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF BIHAR AND OTHERS — Appellant Vs. M/S RIGA SUGAR CO. LTD. — Respondent ( Before : L. Nageswara Rao and Hemant…

State Laws

Kerala Land Reforms Act, 1963 – Section 81(1)(k) and 81(1)(q) – Expression of “commercial site” – Exemption of quarries by the Government under Section 81 (3) would not arise if quarries are covered by Section 81 (1) (q) of the Act. In other words, if quarries are commercial sites, the need for their exemption in public interest does not arise.

Oct 1, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K.H. NAZAR — Appellant Vs. MATHEW K. JACOB AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Civil…

State Laws

Bombay Tenancy and Agricultural Lands Act, 1948 – Section 27(1) – Karnataka Land Reforms Act, 1961 – Sections 21 and 48-A – Grant of occupancy rights – Cultivatory possession – Will is not hit by the embargo, whether that contained in Section 27(1) of the Act of 1948 or in Section 21 of the Act of 1961.

Sep 29, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  KANNA TIMMA KANAJI MADIWAL (D) THROUGH LRS. — Appellant Vs. RAMACHANDRA TIMMAYA HEGDE (D) THROUGH LRS AND OTHERS — Respondent ( Before : A.M.…

State Laws

Cooperative Law–Revision–Recovery of dues–Recovery certificates issued against appellant for recovery of dues to cooperative bank–Petitioner filed application before Divisional Joint Registrar, who ordered to maintain status quo and set aside recovery certificate–High Court set aside impugned order–Appeal against–Order upheld by Supreme Court

Dec 26, 2018 sclaw

2009(1) LAW HERALD (SC) 7 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Special Leave Petition (C) No. 18563…

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C P C

A party should not suffer due to the negligence of their counsel, and a restoration application under Order IX Rule 13 of the CPC can serve as an application for condonation of delay if it explains the reasons for the delay, so that courts should focus on the merits of a case rather than being hindered by procedural technicalities A. Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — An application under Order 9 Rule 13 can also serve as an application for condonation of delay — The court cites Bhagmal and Ors Vs. Kunwar Lal and Others, to support its finding that where the delay in filing an application under Order 9 Rule 13 of the CPC is explained within the application itself, there is no need for a separate application for condonation of delay — The court emphasizes that the procedure is a handmaid of justice, and hyper-technical interpretations of rules should not stand in the way of achieving a just outcome.

Dec 28, 2024 sclaw
Anticipatory Bail

Anticipatory bail should not be granted routinely, especially in serious offenses like murder, and that courts must consider the severity of the charges, the evidence, and the materials on record, including the charge sheet Penal Code, 1860 (IPC) — Section 302 — Murder — The Supreme Court overturned the Patna High Court’s decision to grant anticipatory bail to respondents in a murder case — The case originated from an incident where the appellant’s nephew was allegedly set on fire by the respondents — The court emphasized that anticipatory bail should not be granted mechanically, particularly in severe offenses like murder, and the High Court had erred in not considering the gravity of the charges and the evidence, including the charge sheet which stated that the case against the accused persons was found to be true — The Supreme Court directed the respondents to surrender to the trial court and apply for regular bail, to be considered on its merits — The Supreme Court’s decision underscores the importance of a thorough review of case details and allegations before granting anticipatory bail, especially in cases of serious crimes.

Dec 28, 2024 sclaw
Service

Service Law — Regularization of services for long-term, part-time employees — The court found that the appellants’ continuous service for over a decade, performing essential duties, should not be disregarded simply because their initial appointments were labeled as part-time or contractual — The court noted the indispensable nature of their work, the lack of any performance issues, and that their duties were similar to those of regular employees — The court emphasized that the nature of their work was perennial and fundamental, requiring their classification as regular posts — The court also found that the appellants’ abrupt termination was unjustified and violated principles of natural justice, and the argument against their regularization based on educational qualifications was untenable — The court noted discriminatory practices as other employees with similar or shorter service had been regularized — The court clarified that the Uma Devi judgment was not intended to penalize employees who have served long years in essential roles and that “irregular” appointments should be considered for regularization, especially when they are not “illegal” and the employees have served continuously against sanctioned functions.

Dec 28, 2024 sclaw
Child Custody Matrimonial

For best interest and welfare of the child are the paramount considerations when determining visitation rights A. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child’s health and well-being must not be compromised in the process of adjudicating parental rights. B. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Both parents have a right to the care, company, and affection of their child — However, this right is not absolute and must be balanced with the need to protect the child’s welfare — In this case, the court acknowledges the father’s right to visit his daughter but ensures that these visits do not negatively impact the child. C. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Matrimonial disputes and serious allegations between parents should not impede a child’s right to the care and company of both parents — The court separates the child’s welfare from the conflict between the parents. D. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Visitation arrangements must not cause undue hardship to the child — The court modified the High Court’s order, which required the child to travel 300 kilometers every Sunday, as it was deemed detrimental to the child’s health and well-being. E. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The location for visitation must be convenient and in the best interest of the child — The court changed the visitation location from Karur to Madurai, which is closer to the child’s residence, in order to prioritize the child’s comfort and convenience. F. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Supervised visitation may be necessary, especially for young children — The court directed that the father’s visits should occur in a public place, with the mother present (though at a distance), due to the child’s young age and unfamiliarity with the father.

Dec 28, 2024 sclaw