Gujarat Control of Terrorism and Organised Crime Act, 2015 – Section 3 – Offence of ‘organised crime’ could be said to have been constituted by at least one instance of continuation, apart from continuing unlawful activity evidenced by more than one charge-sheets in the preceding ten years – If ‘organised crime’ was synonymous with ‘continuing unlawful activity’, two separate definitions were not necessary –
DIVISION BENCH THE STATE OF GUJARAT — Appellant Vs. SANDIP OMPRAKASH GUPTA — Respondent ( Before : S. Abdul Nazeer and J.B. Pardiwala, JJ. ) Criminal Appeal No. 2291 of…
COSTITUTION BENCH :Prevention of Corruption Act 1988 – Section 7 and Section 13(1)(d) read with Section 13(2) – Proof of demand – In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of the Act based on other evidence adduced by the prosecution.
SUPREME COURT OF INDIA FULL BENCH NEERAJ DUTTA — Appellant Vs. STATE (GOVT. OF N.C.T. OF DELHI) — Respondent ( Before : S. Abdul Nazeer, B. R. Gavai, A. S.…
Compensation – Claimants shall not be entitled to the same compensation as awarded with respect to the lands acquired after 5 years from the date of acquisition – High Court awarding compensation @ Rs.297/- per sq.yard is unsustainable and it is held that the original claimants shall be entitled to compensation at the rate of Rs.120/- per sq.yard.
SUPREME COURT OF INDIA DIVISION BENCH NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY — Appellant Vs. OMVIR SINGH AND OTHERS — Respondent ( Before : M. R. Shah and Hima Kohli, JJ.…
Lapse of acquisition proceedings – Twin conditions of not taking over possession and not tendering/paying the compensation are required to be satisfied – If one of the conditions is not satisfied, there shall not be lapse of the acquisition proceedings under Section 24(2) of the Act, 2013.
SUPREME COURT OF INDIA DIVISION BENCH GOVT. OF NCT OF DELHI — Appellant Vs. MOHD. MAQBOOL AND OTHERS — Respondent ( Before : M.R. Shah and S. Ravindra Bhat, JJ.…
Respondent are directed to appoint the appellants to post of Health Worker (Female) within a period of six weeks, if otherwise, they are found meritorious and fulfilling the other eligibility criteria – However, it is made clear that the appellants shall be entitled to all the benefits from the date of their actual appointments.
SUPREME COURT OF INDIA DIVISION BENCH KUMARI LAXMI SAROJ AND OTHERS — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : M.R. Shah and Hima Kohli, JJ.…
Disagree view taken by the High Court that the acquisition is deemed to have lapsed under Section 24(2) of the Act, 2013 on the ground that though the possession of the subject lands has been taken over but the compensation in respect of the subject lands has not been tendered.
SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. CHANDERMAL AND OTHERS — Respondent ( Before : M.R. Shah and S. Ravindra Bhat, JJ. ) Civil Appeal…
(CrPC) – Ss 213 and 313 – (IPC) – Ss 148, 302, 307 r/w section 149 – by reason of omission to frame a proper charge in terms of Section 213 of CrPC, and by reason of not putting important circumstances appearing in the evidence in the statement under Section 313 caused serious prejudice to the accused – Appeal allowed
SUPREME COURT OF INDIA DIVISION BENCH KALICHARAN AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : Sanjay Kishan Kaul and Abhay S. Oka, JJ. )…
Refund of any earnest money – The litmus test appears to be that unless a plaintiff specifically seeks the refund of the earnest money at the time of filing of the suit or by way of amendment, no such relief can be granted to him – Prayer clause is a sine qua non for grant of decree of refund of earnest money. HELD nature of ‘earnest money’, the onus to prove that the same was ‘penal’ in nature squarely lies on the party seeking refund of the same –
SUPREME COURT OF INDIA DIVISION BENCH DESH RAJ AND OTHERS — Appellant Vs. ROHTASH SINGH — Respondent ( Before : Surya Kant and Bela M. Trivedi, JJ. ) Civil Appeal…
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – Section 24(2) of the Act, 2013 twin conditions of not taking possession and not tendering/payment of compensation are required to be satisfied – If one of the conditions is not satisfied, the acquisition proceedings are not deemed to have been lapsed under Section 24(2) of the Act, 2013.
SUPREME COURT OF INDIA DIVISION BENCH LUCKNOW DEVELOPMENT AUTHORITY — Appellant Vs. MEHDI HASAN (DECEASED) THR. LRS. AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ.…
Back wages – Merely because the reinstatement order was under challenge and there was a stay of the order of reinstatement during the pendency of the proceedings before the High Court, it cannot be a ground to deny the wages to the employee when ultimately the order of reinstatement came to be confirmed and attained the finality.
SUPREME COURT OF INDIA DIVISION BENCH D.N. KRISHNAPPA — Appellant Vs. THE DEPUTY GENERAL MANAGER — Respondent ( Before : M. R. Shah and C.T. Ravikumar, JJ. ) Civil Appeal…