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Prohibition of Benami Property Transactions Act, 1988 — Section 45 — Bar of jurisdiction of civil courts — This section bars civil courts from entertaining suits or proceedings related to matters within the jurisdiction of authorities, Adjudicating Authorities, or the Appellate Tribunal under the Act — However, the question of whether a suit falls under this bar is itself a matter that can be considered in the context of Order 7 Rule 11 or Order XIV Rule 2. Penal Code, 1860 (IPC) — Section 34 — Common intention — Requires proof of pre-arranged plan or prior meeting of minds, which must be clearly discernible from the material on record — Mere presence at the scene of offence without proof of participation or shared intention is insufficient to sustain conviction with the aid of Section 34 IPC — Prosecution must establish that accused shared a common intention and acted in furtherance thereof. Police Manual, Jharkhand, Rule 828 read with Appendix 49 — Procedure for imposition of major penalties — Respondent No — 1 was provided with charge memorandum, relevant materials, afforded adequate defence opportunity, participated in enquiry, received enquiry report, and submitted representation, satisfying procedural fairness. Electricity Act, 2003 — Section 61(d), Section 62, Section 125 — Delhi Electricity Regulatory Commission (Terms and Conditions for Determination of Generation Tariff) Regulations, 2011 — Regulation 6.32, Regulation 4.1 — Capital Cost Recovery — Depreciation — Consumers’ Interest — The Electricity Act mandates that tariff determination must safeguard consumer interests and allow reasonable cost recovery — Depreciation recovery for a power plant cannot extend beyond the period for which electricity was actually supplied to consumers or the approved operational period under a Power Purchase Agreement (PPA), even if the plant has a longer technical useful life Sarva Shiksha Abhiyan (SSA) — Engagement of para-teachers on contract basis — Part of Government of India’s flagship program for universal elementary education — Aimed to address human resource gaps in employing teachers — Jharkhand Education Project Council responsible for implementation in Jharkhand — Para-teachers engaged since 2002 — Primarily vehicle for Right of Children to Free and Compulsory Education Act, 2009 (RTE Act)
Property Matters

Prohibition of Benami Property Transactions Act, 1988 — Section 45 — Bar of jurisdiction of civil courts — This section bars civil courts from entertaining suits or proceedings related to matters within the jurisdiction of authorities, Adjudicating Authorities, or the Appellate Tribunal under the Act — However, the question of whether a suit falls under this bar is itself a matter that can be considered in the context of Order 7 Rule 11 or Order XIV Rule 2.

May 10, 2026 sclaw
Prohibition of Benami Property Transactions Act, 1988 — Section 45 — Bar of jurisdiction of civil courts — This section bars civil courts from entertaining suits or proceedings related to matters within the jurisdiction of authorities, Adjudicating Authorities, or the Appellate Tribunal under the Act — However, the question of whether a suit falls under this bar is itself a matter that can be considered in the context of Order 7 Rule 11 or Order XIV Rule 2.
Property Matters
Prohibition of Benami Property Transactions Act, 1988 — Section 45 — Bar of jurisdiction of civil courts — This section bars civil courts from entertaining suits or proceedings related to matters within the jurisdiction of authorities, Adjudicating Authorities, or the Appellate Tribunal under the Act — However, the question of whether a suit falls under this bar is itself a matter that can be considered in the context of Order 7 Rule 11 or Order XIV Rule 2.
Penal Code, 1860 (IPC) — Section 34 — Common intention — Requires proof of pre-arranged plan or prior meeting of minds, which must be clearly discernible from the material on record — Mere presence at the scene of offence without proof of participation or shared intention is insufficient to sustain conviction with the aid of Section 34 IPC — Prosecution must establish that accused shared a common intention and acted in furtherance thereof.
I P C
Penal Code, 1860 (IPC) — Section 34 — Common intention — Requires proof of pre-arranged plan or prior meeting of minds, which must be clearly discernible from the material on record — Mere presence at the scene of offence without proof of participation or shared intention is insufficient to sustain conviction with the aid of Section 34 IPC — Prosecution must establish that accused shared a common intention and acted in furtherance thereof.
Police Manual, Jharkhand, Rule 828 read with Appendix 49 — Procedure for imposition of major penalties — Respondent No — 1 was provided with charge memorandum, relevant materials, afforded adequate defence opportunity, participated in enquiry, received enquiry report, and submitted representation, satisfying procedural fairness.
Service
Police Manual, Jharkhand, Rule 828 read with Appendix 49 — Procedure for imposition of major penalties — Respondent No — 1 was provided with charge memorandum, relevant materials, afforded adequate defence opportunity, participated in enquiry, received enquiry report, and submitted representation, satisfying procedural fairness.
Electricity Act, 2003 — Section 61(d), Section 62, Section 125 — Delhi Electricity Regulatory Commission (Terms and Conditions for Determination of Generation Tariff) Regulations, 2011 — Regulation 6.32, Regulation 4.1 — Capital Cost Recovery — Depreciation — Consumers’ Interest — The Electricity Act mandates that tariff determination must safeguard consumer interests and allow reasonable cost recovery — Depreciation recovery for a power plant cannot extend beyond the period for which electricity was actually supplied to consumers or the approved operational period under a Power Purchase Agreement (PPA), even if the plant has a longer technical useful life
Electricity Act
Electricity Act, 2003 — Section 61(d), Section 62, Section 125 — Delhi Electricity Regulatory Commission (Terms and Conditions for Determination of Generation Tariff) Regulations, 2011 — Regulation 6.32, Regulation 4.1 — Capital Cost Recovery — Depreciation — Consumers’ Interest — The Electricity Act mandates that tariff determination must safeguard consumer interests and allow reasonable cost recovery — Depreciation recovery for a power plant cannot extend beyond the period for which electricity was actually supplied to consumers or the approved operational period under a Power Purchase Agreement (PPA), even if the plant has a longer technical useful life
Corporate

SEBI Act, 1992 Sections 2 (ha), 15 Z – HELD would be that the sale by the respondent, of the shares held by him in company would not fall within the mischief of insider trading, as it was somewhat similar to a distress sale, made before the information could have a positive impact on the price of the shares, the appeal is dismissed.

Sep 24, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SECURITIES AND EXCHANGE BOARD OF INDIA — Appellant Vs. ABHIJIT RAJAN — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. ) Civil…

C P C

Suit for declaration, possession and permanent injunction – Opportunity for producing a witness to prove the plaint averments as also other supporting material – State has been denied adequate opportunity by the Courts below and certain material documents have not been taken into consideration – Matter remanded

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF KARNATAKA AND ANOTHER — Appellant Vs. M.A. MOHAMAD SANAULLA AND ANOTHER — Respondent ( Before : Hemant Gupta and Vikram Nath,…

Constitution

Delhi Land Reforms Act, 1954 HELD 1954 Act, is a special law, dealing with fragmentation, ceiling, and devolution of tenancy rights over agricultural holdings only, whereas the 1956 Act is a general law, providing for succession to a Hindu by religion as stated in Section 2 thereof. The existence or absence of Section 4(2) in the 1956 Act would be immaterial.

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH HAR NARAINI DEVI AND ANOTHER — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Hemant Gupta and Vikram Nath, JJ.…

Constitution

Haryana Sikh Gurdwara (Management) Act, 2014 – Sikh Gurdwaras Act, 1925 – Punjab Reorganisation Act, 1966 – HELD Since the affairs of the Sikh minority in the State are to be managed by the Sikhs alone, therefore, it cannot be said to be violative of any of the fundamental rights conferred under Articles 25 and 26 of the Constitution.

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH HARBHAJAN SINGH — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Hemant Gupta and Vikram Nath, JJ. ) Writ Petition…

Constitution G S T

HELD but the question is about the entertainability of the writ petition against the order of assessment by-passing the statutory remedy of appeal – – judicial prudence demands that the court refrains from exercising its jurisdiction under constitutional provisions when there is an alternate remedy available,

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF MAHARASHTRA AND OTHERS — Appellant Vs. GREATSHIP (INDIA) LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Corporate

Major Port Trusts Act, 1963 – Section 50-B – Port-due on vessels not discharging or taking in cargo – When a Vessel enters a port but does not discharge or take in any cargo or passengers, she is charged with port dues at a rate to be determined by the Authority, which, in any event, should not exceed half the rate with which she otherwise would be chargeable.

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S NKD MARITIME LIMITED — Appellant Vs. THE BOARD OF TRUSTEES OF THE PORT OF MUMBAI AND OTHERS — Respondent ( Before : Indira…

Property Matters

Allotments of flats – the entire controversy can be set at rest on the understanding that 844 members of the Respondent-Society shall be provided with apartments, admeasuring about 1800 square feet, as stated by NOIDA in its affidavit filed pursuant to the order dated 23.8.2021 passed by this Court

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA) — Appellant Vs. KENDRIYA KARAMCHARI SEHKARI G.N. SAMITI AND OTHERS — Respondent ( Before : Uday Umesh Lalit,…

Rent

HELD A bare perusal of Section 109 of the Transfer of Property Act would reveal that if a landlord transfers the property leased out or any part of it, the transferee, in the absence of any contract to the contrary, shall possess all the rights of the landlord. Landlord by statement able to establish requirement of personal occupation purpose is genuine and that it is not only a ruse for evicting the appellants.

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH GOPI @ GOVERDHANNATH (D) BY LRS. AND OTHERS — Appellant Vs. SRI BALLABH VYAS — Respondent ( Before : Indira Banerjee and C.T. Ravikumar,…

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Property Matters

Prohibition of Benami Property Transactions Act, 1988 — Section 45 — Bar of jurisdiction of civil courts — This section bars civil courts from entertaining suits or proceedings related to matters within the jurisdiction of authorities, Adjudicating Authorities, or the Appellate Tribunal under the Act — However, the question of whether a suit falls under this bar is itself a matter that can be considered in the context of Order 7 Rule 11 or Order XIV Rule 2.

May 10, 2026 sclaw
I P C

Penal Code, 1860 (IPC) — Section 34 — Common intention — Requires proof of pre-arranged plan or prior meeting of minds, which must be clearly discernible from the material on record — Mere presence at the scene of offence without proof of participation or shared intention is insufficient to sustain conviction with the aid of Section 34 IPC — Prosecution must establish that accused shared a common intention and acted in furtherance thereof.

May 10, 2026 sclaw
Service

Police Manual, Jharkhand, Rule 828 read with Appendix 49 — Procedure for imposition of major penalties — Respondent No — 1 was provided with charge memorandum, relevant materials, afforded adequate defence opportunity, participated in enquiry, received enquiry report, and submitted representation, satisfying procedural fairness.

May 10, 2026 sclaw
Electricity Act

Electricity Act, 2003 — Section 61(d), Section 62, Section 125 — Delhi Electricity Regulatory Commission (Terms and Conditions for Determination of Generation Tariff) Regulations, 2011 — Regulation 6.32, Regulation 4.1 — Capital Cost Recovery — Depreciation — Consumers’ Interest — The Electricity Act mandates that tariff determination must safeguard consumer interests and allow reasonable cost recovery — Depreciation recovery for a power plant cannot extend beyond the period for which electricity was actually supplied to consumers or the approved operational period under a Power Purchase Agreement (PPA), even if the plant has a longer technical useful life

May 8, 2026 sclaw