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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

Consumer Law – Policy – Supreme Court held that the date of issuance of the policy would be the relevant date for all the purposes and not the date of proposal or the date of issuance of the receipt – The appeals were accordingly allowed and the orders passed by the National Consumer Disputes Redressal Commission were set aside.

SUPREME COURT OF INDIA DIVISION BENCH RELIANCE LIFE INSURANCE COMPANY LTD. AND ANOTHER — Appellant Vs. JAYA WADHWANI — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. )…

Evidence Act – Sections 40-43 – Once information is given by an accused, the same information cannot be used, even if voluntarily made by a co-accused who is in custody. Section 27 of the Evidence Act does apply to joint disclosures, but this is not one such case.[14] This was precisely the reason given by the trial court to acquit the co-accused. Even if Section 8 of the Evidence Act is to apply, it would not have been possible to convict the co-accused.

SUPREME COURT OF INDIA DIVISION BENCH PERUMAL RAJA @ PERUMAL — Appellant Vs. STATE, REP. BY INSPECTOR OF POLICE — Respondent ( Before : Sanjiv Khanna and S. V. N.…

Succession Act, 1956 – Section 63 – Evidence Act, 1872 – Section 68 – Property Dispute – The plaintiffs claimed that the property belonged to them through an oral partition among the sons of the original owner and was bequeathed to them by ‘A’ through a will – Supreme Court upheld the judgments of the Trial Court and the First Appellate Court, finding that the plaintiffs failed to provide sufficient evidence to prove the oral partition and the will.

SUPREME COURT OF INDIA DIVISION BENCH RAJENDHIRAN — Appellant Vs. MUTHAIAMMAL @ MUTHAYEE AND OTHERS — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Civil Appeal No.…

Set-off is not permitted under the Insolvency and Bankruptcy Code (IBC) -NCLAT reasoned that the debts between Airtel and Aircel arose from separate transactions and were not connected in a way that would justify set-off – The NCLAT ultimately rejected Airtel’s claim for set-off, finding that it was not permitted under the IBC in the context of Aircel’s corporate insolvency resolution proceedings. This decision reflects the importance of protecting the fairness and efficiency of the insolvency resolution process under the IBC.

SUPREME COURT OF INDIA DIVISION BENCH BHARTI AIRTEL LIMITED AND ANOTHER — Appellant Vs. VIJAYKUMAR V. IYER AND OTHERS — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti, JJ.…

The NCLAT upheld the CoC’s decision to distribute the proceeds on a pro-rata basis and dismissed the appellant’s appeal – Overall, the NCLAT’s decision balanced the interests of the dissenting financial creditor (DBS Bank) with the need for a fair and equitable distribution of proceeds under the resolution plan.

SUPREME COURT OF INDIA DIVISION BENCH DBS BANK LIMITED SINGAPORE — Appellant Vs. RUCHI SOYA INDUSTRIES LIMITED AND ANOTHER — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti, JJ.…

Service Matters

The state argued the forgery was serious misconduct and made appointments illegal – The Supreme Court allowed the appeals and ruled that the appellants were entitled to continue in their service – The court found no evidence of wrongdoing by the Appellants and directed the State to pay the appellants’ salaries with arrears and continue their service.

SUPREME COURT OF INDIA DIVISION BENCH RADHEY SHYAM YADAV AND ANOTHER ETC — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan,…

Land Dispute – Declaration of title and possession over a property -The doctrine of merger applied, meaning lower courts’ judgments merged with the High Court’s judgment. The respondents’ argument that the High Court committed a bona fide error was rejected, and the Supreme Court allowed the appeal and set aside the High Court’s judgment in the second round. The First Appellate Court’s judgment was restored.

SUPREME COURT OF INDIA DIVISION BENCH MARY PUSHPAM — Appellant Vs. TELVI CURUSUMARY AND OTHERS — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Civil Appeal No.…

The court found the prosecution’s guilt beyond a reasonable doubt for kidnapping, attempted murder, and robbery, but had doubts about the evidence’s sufficiency to prove the intention of demanding ransom. The court acquitted the appellants of the charge under Section 364A of the IPC while upholding their convictions for other offences.

SUPREME COURT OF INDIA DIVISION BENCH NEERAJ SHARMA AND OTHERS — Appellant Vs. STATE OF CHHATTISGARH AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and Satish Chandra Sharma, JJ.…

Penal Code, 1860 (IPC) – Sections 376 and 506 – Rape – Quashing of FIR – The appellant’s main argument was that the prosecution against him was an abuse of process of law – consensual relationship – the Supreme Court set aside the High Court’s judgment and quashed the FIR against the appellant – Appeal Allowed

SUPREME COURT OF INDIA DIVISION BENCH AJEET SINGH — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. )…

Negotiable Instruments Act, 1881 – Section 138 – Cheque Bounce – Default in payment of agreed amount – Violation of undertaking given before the High Court and further violated the condition contained in the order granting extension of time to comply – Order cancelling the order of suspension of sentence and bail is upheld.

SUPREME COURT OF INDIA DIVISION BENCH SATISH P. BHATT — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. )…

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