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Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor. Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts. Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees. Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21 Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports

Criminal Procedure Code, 1973 – Section 482 – Inherent Powers – Where a dispute which is essentially of a civil nature, is given a cloak of a criminal offence, then such disputes can be quashed, by exercising the inherent powers under Section 482 of the Code – High Court must not hesitate in quashing such criminal proceedings which are essentially of a civil nature.

SUPREME COURT OF INDIA DIVISION BENCH NARESH KUMAR AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : Sudhanshu Dhulia and Prasanna B. Varale,…

Court directs that police reports must comply with Section 173(2) of Cr.P.C, detailing the investigation’s findings and ensuring all required documents and witness statements are included – Mandatory Compliance – The document underscores the importance of strict adherence to the procedural requirements for police reports, with non-compliance to be viewed seriously by the courts

SUPREME COURT OF INDIA DIVISION BENCH DABLU KUJUR — Appellant Vs. THE STATE OF JHARKHAND — Respondent ( Before : Bela M. Trivedi and Pankaj Mithal, JJ. ) Criminal Appeal…

Service Matters

All-India Services (Performance Appraisal Report) Rules, 2007 – Rules 5(1) and 9(7B) – Court concluded that the High Court erred in setting aside the CAT Order and directed the Accepting Authority to decide on the underlying representation within 60 days – The judgment emphasizes the importance of adhering to prescribed timelines and the restraint to be exercised by the judiciary in administrative matters involving specialized expertise.

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF HARYANA — Appellant Vs. ASHOK KHEMKA AND ANOTHER ( Before : Vikram Nath and Satish Chandra Sharma, JJ. ) Civil Appeal…

State Bank of India (SBI) was directed to disclose details of Electoral Bonds purchased and redeemed, including purchaser names and bond denominations – The Election Commission of India (ECI) was ordered to publish the disclosed information on its website by a specific deadline – SBI sought an extension for compliance, which was denied, and the Court warned of contempt proceedings if the directions were not followed.

SUPREME COURT OF INDIA CONSTITUTION BENCH STATE BANK OF INDIA — Appellant Vs. ASSOCIATION FOR DEMOCRATIC REFORMS AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Sanjiv…

Court directed the Commissioner to work out remedies for the cases of goods under Section 15(1)(c) of the Customs Act within a specified timeframe – The Court sustained the demand for customs duty and interest on certain cases while upholding the penalty imposed on the appellant for unauthorized removal of imported goods – The impugned order of the CESTAT was modified accordingly, and the appeal was allowed in part.

SUPREME COURT OF INDIA DIVISION BENCH M/S. BISCO LIMITED — Appellant Vs. COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. )…

Protection of Children from Sexual Offences Act, 2012 – Supreme Court found significant discrepancies and contradictions in the prosecution witnesses’ testimonies, including the victim’s, casting doubt on the prosecution’s version of events – Due to these inconsistencies and lack of corroborative evidence, the Supreme Court acquitted the appellants, setting aside their convictions and sentences – The judgment emphasizes the importance of credible evidence and the consequences of accusations on the lives of individuals, highlighting the need for careful examination of testimonies in sexual harassment cases.

SUPREME COURT OF INDIA FULL BENCH NIRMAL PREMKUMAR AND ANOTHER — Appellant Vs. STATE REP. BY INSPECTOR OF POLICE — Respondent ( Before : Dipankar Datta, K.V. Viswanathan and Sandeep…

Land Dispute – Appeal Against High Court Order – The appellant challenges the High Court’s decision to quash a resolution for land allocation for a new primary school – The dispute involves land needed for a highway project, leading to the demolition and proposed relocation of a school – Respondents filed multiple writ petitions, with the latest being dismissed due to concealment of previous petitions and lack of notice to parties – The Supreme Court finds the High Court’s order arbitrary and sets it aside, allowing the appeal and the school’s construction on the disputed land.

SUPREME COURT OF INDIA DIVISION BENCH SUNEETA DEVI — Appellant Vs. AVINASH AND OTHERS — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Civil Appeal No(s). of…

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