Land Acquisition – Percentage of deduction or the extent of area required to be set apart has to be assessed by the courts having regard to the size, shape, situation, user etc. of the lands acquired – It is essentially a kind of guess work the courts are expected to undertake – A cut of one third was required to be imposed on the amount of compensation awarded by it
SUPREME COURT OF INDIA DIVISION BENCH MALA ETC. ETC. AND OTHERS — Appellant Vs. STATE OF PUNJAB AND OTHERS — Respondent ( Before : Bela M. Trivedi and Dipankar Datta,…
Held, in view of the decision rendered by the Constitution Bench in Lalita Kumari’s case (2014) 2 SCC 1, registration of FIR is mandatory u/s 154 of CrPC, if the information discloses commission of cognizable offence — Appeal allowed and direction given to concerned respondents to proceed further with the complaints filed by the appellant in accordance with law.
SUPREME COURT OF INDIA Before: Bela M. Trivedi & Dipankar Datta, JJ. SLP (Crl.) No. 5883 of 2020) Decided on: 08.08.2023 Sindhu Janak Nagargoje – Appellant(s) Versus The State of…
HELD appellants cannot be worse off than the other affected landowners of the same village, i.e., Morlipura, who have been paid more compensation. In a welfare state like ours where we have promised all the citizens social and economic justice, it would be fair and just if the appellants are meted equal treatment as the other affected landowners
SUPREME COURT OF INDIA DIVISION BENCH KALUBHAI KHATUBHAI ETC. ETC. — Appellant Vs. STATE OF GUJARAT & OTHERS — Respondent ( Before : Bela M. Trivedi and Dipankar Datta, JJ.…
Chhattisgarh Panchayat Nirvachan Niyam, 1995 – Section 80 – Chhattisgarh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 – Rule 6 – Election Petition – Relief for re-counting of votes – Election Petition seeking relief for re-counting of votes only, without seeking any other reliefs i.e., declarations as contemplated in Rule 6, would not be tenable in the eye of law
SUPREME COURT OF INDIA DIVISION BENCH DHARMIN BAI KASHYAP — Appellant Vs. BABLI SAHU & OTHERS — Respondent ( Before : Bela M. Trivedi and S.V.N. Bhatti, JJ. ) Civil…
Hindu Succession Act, 1956 – Section 29A – Coparcenary rights – Partition and separate possession of one-third in the plaint schedule property – Property is not available partition as of the date of coming into force of Section 29A – There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law – Division may also be effected under a settlement or oral understanding
SUPREME COURT OF INDIA DIVISION BENCH H. VASANTHI — Appellant Vs. A. SANTHA (DEAD) THROUGH LRS. AND OTHERS — Respondent ( Before : Bela M. Trivedi and S.V.N. Bhatti, JJ.…
Civil Procedure Code, 1908 (CPC) – Order 17 Rule 2 – Procedure if parties fail to appear on day fixed – Where the evidence or a substantial portion of the evidence of any party has already been recorded and such party fails to appear on any day to which the hearing of the suit is adjourned, the Court would be at liberty to proceed with the case as if such party were present
SUPREME COURT OF INDIA DIVISION BENCH Y.P. LELE — Appellant Vs. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ.…
Demand of Service Tax on the basis of Show Cause Notice – Assessee cannot be subjected to a penalty on the basis of a show cause notice containing a completely erroneous category of service
SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF SERVICE TAX, MUMBAI-II — Appellant Vs. M/S 3I INFOTECH LTD. — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ.…
Firings at Delhi Courts – Preserving the sanctity of a court as a space where justice is administered and the rule of law upheld being non-negotiable, it is critical that judicial institutions take comprehensive steps to safeguard the well-being of all stakeholders
SUPREME COURT OF INDIA DIVISION BENCH PRADYUMAN BISHT — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. ) Writ…
Right to Education Act, 2009 – Section 23(1) – Appointment to Post of Primary School Teachers – Decision of the National Council for Teacher Education (NCTE) to include B.Ed. as a qualification for teachers in a primary school seems arbitrary, unreasonable and in fact has no nexus with the object sought to be achieved by the Act i.e. Right to Education Act, which is to give to children not only free and compulsory but also ‘quality’ education
SUPREME COURT OF INDIA DIVISION BENCH DEVESH SHARMA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Aniruddha Bose and Sudhanshu Dhulia, JJ. ) Civil Appeal…
Complaint to SDM — Held, no case is made out to put the appellant to trial for the alleged offence — No defamation as such — Exception 8 to Section 499 clearly indicates that it is not a defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with regard to the subject-matter of accusation.
SUPREME COURT OF INDIA Before: J.B. Pardiwala & Manoj Misra, JJ. Criminal Appeal No.2291 of 2011 Decided on: 02.08.2023 Kishore Balkrishna Nand – Appellant(s) Versus State of Maharashtra & Anr.…