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Land Acquisition and Development — Public Purpose De-reservation — Subject land originally earmarked for High School was de-reserved by competent authority due to insufficient area; subsequent sale to private individuals was upheld by civil courts and its finality was not challenged. Contempt of Courts Act, 1971 — Sections 2(c), 19 — Criminal Contempt — Scandalising the court — An advocate’s public allegations against a sitting judge, made via a press conference and repeated in court applications, can constitute criminal contempt by scandalising the court, lowering its authority, and interfering with judicial proceedings — Such conduct is unbecoming of a legal professional and undermines public confidence in the judiciary. Recruitment Rules and Advertisement — Essential Qualifications — Work Experience — In absence of a specific rule or advertisement provision, a recruiting agency cannot relax essential eligibility criteria by treating a higher qualification as a replacement for a mandatory essential qualification — A preference for a higher qualification operates only for eligible and meritorious candidates and does not override or supplant the primary requirement of essential eligibility. Industrial Disputes Act, 1947 — Section 10 — Relief of back wages and regularisation — Employee illegally terminated, ordered reinstatement with back wages by Labour Commissioner and Industrial Court — Employer challenged, but interim order for back wages deposit was made and employee reinstated as daily wager — Employee sought regularisation after completing 180 days of service, granted by Industrial Court from the date of 180 days completion as per settlement clause — Employer failed to comply timely, only regularising employee on a sanctioned post after many years, imposing new conditions contrary to prior orders — Supreme Court held that employer cannot impose new conditions limiting regularisation contrary to earlier unchallenged orders and settlement terms, and reversed High Court’s decision setting aside back wages order. Arbitration and Conciliation Act, 1996 — Section 34 — Challenge to Arbitral Award — Legal Representatives — The Arbitration Act is a complete code for dispute resolution — Legal representatives of a deceased party are entitled to challenge an arbitral award under Section 34 of the Act, as the Act envisions continuity of proceedings after a party’s death and makes awards enforceable by or against legal representatives — Denying this right would render legal representatives remediless while making them liable to fulfill the award, contradicting the Act’s purpose.

Cr P C Section 406 – ‘Whether the criminal cases pending before different Trial Courts in four States can be transferred to one Trial Court in one State?; Whether transfer of case of one of the criminal case which is at the final stage of trial before concerned Court in Nagpur, can be directed to be transferred at such belated stage?’ HELD that to meet the ends of justice and fair trial, the transfer petitions deserve to be allowed.

SUPREME COURT OF INDIA SINGLE BENCH KETAN KANTILAL SETH — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : J.K. Maheshwari, J. ) Transfer Petition (Criminal) Nos.…

Medical negligence – Reduction of compensation – Wrong diagnosis and wrong treatment, which led to rashes on the body of the complainant-girl – so as to do the substantial justice to the complainant – If the amount of compensation is enhanced to a total sum of Rs. 4 lakhs (instead of Rs. 1 lakh awarded by the District Forum), the same shall meet the ends of justice.

SUPREME COURT OF INDIA DIVISON BENCH CHANDIGARH NURSING HOME AND ANOTHER — Appellant Vs. SUKHDEEP KAUR — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil Appeal…

Cancellation of bail – Grounds on which the said co-­accused was released on bail and the grounds on which the present respondent is released on bail are same – Once the bail in favour of co­-accused has been cancelled by this Court, the bail in the present case also requires to be cancelled – Bail cancelled.

SUPREME COURT OF INDIA DIVISON BENCH JOSEPH JOHNSON N. MAITHKURI — Appellant Vs. SUBRAHMANYA AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Criminal Appeal…

Constitution of India, 1950 – Article 136 – Juvenile Justice (Care and Protection of Children) Act, 2000 – Section 7A – Plea of juvenility could be raised in any court, at any stage even after the final disposal of the Special Leave Petition under Article 136 of the Constitution. If two views possible on evidence then view holding accused to be juvenile be favoured in borderline cases.

SUPREME COURT OF INDIA DIVISON BENCH VINOD KATARA — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : Dinesh Maheshwari and J.B. Pardiwala, JJ. ) Writ Petition (Criminal)…

HELD After a body has been buried, it is considered to be in the custody of the law; therefore, disinterment is not a matter of right. The law does not favour disinterment, based on the public policy that the sanctity of the grave should be maintained. Once buried, a body should not be disturbed.

SUPREME COURT OF INDIA DIVISON BENCH MOHAMMAD LATIEF MAGREY — Appellant Vs. THE UNION TERRITORY OF JAMMU AND KASHMIR AND OTHERS — Respondent ( Before : Surya Kant and J.B.…

Land Acquisition Case – In a democratic society governed by the rule of law, the rights of an individual carry immense importance and are the foundational blocks on which our legal, social, and political milieu thrives – Under no circumstances should the rights of individual citizens be trodden upon arbitrarily and any curtailment of them must be scrutinized with utmost care.

SUPREME COURT OF INDIA DIVISON BENCH DR. ABRAHAM PATANI OF MUMBAI AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Surya Kant and…

Constitution of India, 1950 – Article 14 – An appointment to the heirs of the employees on their retirement and/or superannuation shall be contrary to the object and purpose of appointment on compassionate grounds and is hit by Article 14 of the Constitution of India.

SUPREME COURT OF INDIA DIVISON BENCH AHMEDNAGAR MAHANAGAR PALIKA — Appellant Vs. AHMEDNAGAR MAHANAGAR PALIKA KAMGAR UNION — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

IPC Sections 376(2)(n) and 506 – Going by the allegations made in the First Information Report that the incident in question had occurred five months before the First Information Report was lodged and the attending circumstances, in our view, the case of anticipatory bail is made out.

SUPREME COURT OF INDIA DIVISON BENCH BEERBAL PRASAD RAJORIYA — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Uday Umesh Lalit, CJI. and S. Ravindra Bhat, JJ.…

Prevention of Corruption Act, 1988 – Section 13(2) read with 13(1)(e) – It is for the accused to account satisfactorily for the money/assets in his hands – Onus in this regard is on the accused to give satisfactory explanation – Accused cannot make an attempt to discharge this onus upon him at the stage of Section 239 of the CrPC. State appeal allowed.

SUPREME COURT OF INDIA DIVISON BENCH STATE THROUGH DEPUTY SUPERINTENDENT OF POLICE — Appellant Vs. R. SOUNDIRARASU ETC. — Respondent ( Before : Dinesh Maheshwari and J.B. Pardiwala, JJ. )…

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