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Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property. Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force. Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident. Public Service Commission consultation before extending officiating appointment is directory not mandatory; ad-hoc service counts towards seniority computation. A. Uttaranchal Civil Services (Executive Branch) Rules, 2005 — Rule 24(4) — Uttaranchal Public Service Commission (Limitations of Functions) Regulations, 2003 — Regulation 5(a) — Nature of Requirement — Requirement of consulting Commission before continuation of officiating appointment beyond one year held directory, not mandatory, applying the classic test of statutory construction; non-compliance does not invalidate the appointment where treating it as void would cause serious inconvenience to persons with no control over the defaulting authority. Reinstated judicial officer entitled to Selection/Super Time Scale despite missing ACRs; employer cannot benefit from its own wrongful discharge. A. Rajasthan Judicial Service Rules, 2010 — Rules 49, 50 — Full Court Resolution dated 15.01.2011 — Selection Scale/Super Time Scale — Application on facts — Applying the valid ACRs for 2013 and 2014 (Parts I & II) — all rated “Very Good”/”Good” with integrity certified — the Judicial Officer, having completed five years’ notional service considering reinstatement with continuity, was held entitled to Selection Scale with effect from 16.07.2018 and, upon three years therein, Super Time Scale with effect from 16.07.2021, aligned with the dates of eligibility applied to junior officers.

Death Sentence – Rape and murder of a housewife – Held, impact of solitary confinement were obviously evident in the instant case, as would be clear from the letter given by the medical professional on 6.11.2011 and the communication emanating from the jail on 8.11.2011. The incarceration in solitary confinement thus did show ill effects on the well-being of the appellant. In the backdrop of these features of the matter, the appellant is entitled to have the death sentence imposed upon him to be commuted to death sentence to life

SUPREME COURT OF INDIA FULL BENCH B.A. UMESH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, CJI., S. Ravindra Bhat and Pamidighantam…

Lapse of acquisition proceedings – Subsequent purchaser has no right to claim lapse of acquisition proceedings – There cannot be any lapse of acquisition under Section 24(2) of the Act, 2013 on the ground of possession could not be taken over by the authority and/or the compensation could not be deposited / tendered due to the pending litigations.

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. DAMINI WADHWA AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil Appeal…

HELD the High Court is justified in reversing the judgment of acquittal by the Trial Court- the motive is treated secondary in view of the fact that this is a case of direct evidence of injured eye-witnesses- the facts narrated in the FIR are fully corroborated by much of the documentary evidence and are fully in consonance with the testimony of the prosecution witnesses. the only question related to the persons involved and the manner of commission of the offence. Finding of trial Court that the arrest and recovery were doubtful were glaring mistakes. H C completely justified. Dismissed

SUPREME COURT OF INDIA FULL BENCH ASHOK KUMAR SINGH CHANDEL — Appellant Vs. STATE OF U.P. — Respondent ( Before : Uday Umesh Lalit, CJI., S. Ravindra Bhat and Pamidighantam…

Contract Act, 1872 – Section 62 – One Time Settlement Scheme – – Impugned judgment and order passed by the High Court granting further time to the borrower to make the balance payment under the OTS Scheme in exercise of powers under Article 226 of the Constitution of India is unsustainable and the same deserves to be quashed and set aside

SUPREME COURT OF INDIA DIVISION BENCH STATE BANK OF INDIA — Appellant Vs. ARVINDRA ELECTRONICS PRIVATE LIMITED — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil…

Consumer – Illegal sold of hypothecated vehicle – Compensation – Hypothecated vehicle was detained/seized and thereafter, sold which was found to be illegal, the complainant shall be entitled to the compensation/loss suffered because of not plying of the vehicle seized and sold illegally

SUPREME COURT OF INDIA DIVISION BENCH MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED — Appellant Vs. NIZAMUDDIN — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil Appeal…

(IPC) – S 302, 376A, 376(2)(i) and 376(2)(m) – POCSO Act, 2012 – Ss 5 (i) and 5(m) 6 – HELD modify the sentence imposed for the offence under Sections 376(2)(i) and 376(2)(m) of IPC and for the offence under Section 5 (i) and 5 (m) read with Section 6 of the POCSO Act, so as to commensurate the said sentences with the sentence imposed for the offence under Section 376(A) of IPC, and accordingly imposes sentence directing the appellant/petitioner to undergo imprisonment for a period of twenty years instead of life imprisonment for the said offences – Petition allowed.

SUPREME COURT OF INDIA FULL BENCH MOHD. FIROZ — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Uday Umesh Lalit, CJI, S. Ravindra Bhat and Bela M.…

Trial court  allowed application for temporary injunction – defendants  directed to maintain status quo of the property mentioned in the Will –  required the defendants to furnish the list and account of the movable properties within 30 days from the date of the order – HELD the trial court recorded specific findings on the three ingredients for grant of temporary injunction i.e. prima facie case, balance of convenience and irreparable loss.

SUPREME COURT OF INDIA DIVISION BENCH HARISH ISHWARBHAI PATEL — Appellant Vs. JATIN ISHWARBHAI PATEL AND OTHERS — Respondent ( Before : Aniruddha Bose and Vikram Nath, JJ. ) Civil…

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