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Allotment of Land — Irregularity — Public Interest Litigation — Demolition vs. Regularisation — The court must balance the wrong committed with the current reality and socio-economic consequences — Demolition of a fully operational commercial complex, involving significant investment, employment, and tax revenue, may not serve public interest if financial restitution is possible. All India Service (Death-cum-Retirement Benefits) Rules, 1958 — Rule 16(2A) — Voluntary Retirement — Acceptance by Central Government — Central Government has the ultimate authority to accept or reject a Voluntary Retirement (VRS) notice — It is not bound by the State Government’s recommendation and must apply its mind to all relevant facts and circumstances — This power is not unconstrained and is guided by DoPT Guidelines, requiring consideration of pending or contemplated disciplinary proceedings that could lead to a major penalty — The Central Government can accept a VRS request even if a major penalty is possible, but this requires a conscious and well-informed decision — Appeals allowed, order of Central Government rejecting VRS set aside, and matter remitted for fresh consideration. Environment Law — Illegal Sand Mining — Supreme Court’s directions for States to file compliance affidavits — Court expresses displeasure at Rajasthan’s lacklustre response and apathy in implementing directions affecting National Chambal Sanctuary — Rajasthan directed to ensure personal presence of senior officers with compliance reports — Court also directs Madhya Pradesh to address issue of unregistered vehicles. Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, 1991 — Temporary status casual labourer — Entitlement to pensionary benefits — Held, entitled even in the absence of formal regularisation, provided eligibility criteria under Rule 10(1-B) of CCS (Temporary Service) Rules, 1965, are fulfilled. Hindu Succession Act, 1956 — Sections 8, 10, 19 — Property of a male Hindu dying intestate — Devolution of property — Heirs taking property as tenants-in-common and not joint tenants — Each heir having a definite and separate share — No presumption of coparcenary property.—-Section 8 — Property inherited by a son from his father — Son takes the property in his individual capacity and not as karta of his own Hindu Undivided Family — Descendants of the heir do not acquire rights in such property by birth.

Compassionate appointment – – the gross total income of the family per month comes to Rs. 10,323/- and the net income is Rs. 7,618/- per month – Monthly income so arrived at is not less than 60% of the total emoluments and thus, the case of the respondent cannot be considered on compassionate basis on that score – Order of compassionate appointment set-aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH BANK OF BARODA AND OTHERS — Appellant Vs. BALJIT SINGH — Respondent ( Before : B.V. Nagarathna and Manoj Misra, JJ. ) Civil Appeal…

Opportunity to participate in the proceedings and make submissions – It open for the Division Bench to ensure giving appropriate opportunity and time to the appellants to make submissions before the Division Bench and thereafter appropriate orders may be passed as the Division Bench may deem fit after hearing learned counsel for the appellants – Appeal allowed

SUPREME COURT OF INDIA DIVISION BENCH GREATER MALWA PARAMEDICAL COLLEGE — Appellant Vs. THE STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah,…

Summoning as additional accused – – Once it is conceded that the appellant is a sibling of one of the named assailants, the material for forming the requisite satisfaction cannot be said to be non-existent — Special Court formed the requisite satisfaction prior to summoning the appellant to face trial with “D” —

SUPREME COURT OF INDIA Before: Dipankar Datta & Pankaj Mithal, JJ. Criminal Appeal No. 978 of 2022 Decided on: 02.06.2023 Jitendra Nath Mishra – Appellant Versus State of U.P. &…

Double jeopardy – Hearing to accused – Prior to carrying out further investigation under Section 173(8) of the CrPC it is not necessary that the order accepting the final report should be reviewed, recalled or quashed – court is not obliged to hear the accused while considering an application for further investigation under Section 173(8) of the CrPC.

SUPREME COURT OF INDIA Before: Surya Kant & J.B. Pardiwala, JJ. SLP (Crl.) Nos. 7628-7630 of 2017 Decided on: 28.04.2023 State Through Central Bureau of Investigation – Appellant Versus Hemendhra…

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