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Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — Section 3(b) — Exclusion of employees appointed on academic arrangement basis from regularization — Classification held unconstitutional — Section 3(b) lacks intelligible differentia and rational nexus to the object of the Act — Denial of regularization solely based on nomenclature is impermissible under Article 14 of the Constitution where duties, tenure, and conditions of service are similar to ad hoc or contractual appointees. Adverse Possession — Claiming title by adverse possession against the State/Union Government is not permissible, irrespective of the duration of possession — Such perfection of rights is not recognized against the government. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court quashed proceedings against sister-in-law on ground of general and omnibus allegations, but declined relief to father-in-law and mother-in-law (appellants) — Allegations against appellants were similarly general and omnibus, with no specific role or overt act attributed to them — Delay in lodging FIR, coupled with lack of specific allegations, suggested possibility of FIR being a counter-blast to divorce petition filed by husband — High Court erred in applying different standards to similarly situated accused — Proceedings against appellants quashed. Companies Act, 2013 — Section 66 — Reduction of Share Capital — Procedural Fairness — Minority Shareholders — Valuation of Shares — Non-disclosure of valuation report and fairness report in notice for general meeting — Held, not a “tricky notice” as statutory requirement for valuation report not mandated under Section 66 — Valuation by a related agency — Held, not a conflict of interest where internal auditor is independent and valuation agency follows accepted norms — Discount for Lack of Marketability (DLOM) — Held, applicable to illiquid shares, especially in absence of oppression — Share price fixation — Held reasonable based on market value of subsidiary, past offers, and rights issue. Specific Performance of Agreement to Sell — Trial Court decreed suit for specific performance of sale agreement — High Court set aside Trial Court’s decree — Held, Memorandum of Understanding (MoU) executed on the same day as sale agreement established that sale agreement was sham and nominal, executed as security for loan — Plaintiff’s failure to disclose MoU in plaint indicated withholding of material facts and lack of bonafides — Equitable relief of specific performance denied — Appeal dismissed.

Evidence Act, 1872 – Section 106 – Burden of proof – in a case based on circumstantial evidence, whenever an incriminating question is posed to the accused and he or she either evades response, or offers a response which is not true, then such a response in itself becomes an additional link in the chain of events.

SUPREME COURT OF INDIA FULL BENCH SABITRI SAMANTARAY — Appellant Vs. STATE OF ODISHA — Respondent ( Before : N.V. Ramana, CJI, Krishna Murari and Hima Kohli, JJ. ) Criminal…

Section 24(2) providing for a deemed lapse of proceedings are applicable in case authorities have failed due to their inaction to take possession and pay compensation for five years or more before the 2013 Act came into force – HELD The period of subsistence of interim orders passed by court has to be excluded

SUPREME COURT OF INDIA DIVISON BENCH AGRA DEVELOPMENT AUTHORITY, AGRA — Appellant Vs. ANEK SINGH AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Provisions of Section 24(2) providing for a deemed lapse of proceedings are applicable in case authorities have failed due to their inaction to take possession and pay compensation for five years or more before the 2013 Act came into force – HELD The period of subsistence of interim orders passed by court has to be excluded

SUPREME COURT OF INDIA DIVISON BENCH AYODHYA FAIZABAD DEVELOPMENT AUTHORITY AND ANOTHER — Appellant Vs. RAM NEWAJ AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Consumer – Vehicle Stolen – refused to settle the claim on non ­submission of the duplicate certified copy of certificate of registration, which the appellant could not produce due to the circumstances beyond his control – Insurance Company directed to pay Rs.12 lakhs insurance along with interest @7 per cent from the date of submitting the claim.

SUPREME COURT OF INDIA DIVISON BENCH GURMEL SINGH — Appellant Vs. BRANCH MANAGER, NATIONAL INSURANCE CO. LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Service Matters

Central Civil Services (Fixation of Pay of Re-employed Pensioners) Order, 1986 – Para 8 – The reference to the last drawn pay in the armed forces is only to ensure that the pay computed in the civil post in the manner envisaged in para 8 of CCS Order does not exceed the basic pay (including the deferred pay but excluding other emoluments) last drawn by the personnel in the armed forces.

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA — Appellant Vs. ANIL PRASAD — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No. 4073…

Death sentence Confirmed – Kidnapping, Rape and murder of Mentally challenged Seven-and-a-half-year-old girl – Even the alternative of awarding the sentence of imprisonment for whole of the natural life with no remission does not appear justified in view of the nature of crimes committed by the appellant and looking to his incorrigible conduct.

SUPREME COURT OF INDIA FULL BENCH MANOJ PRATAP SINGH — Appellant Vs. THE STATE OF RAJASTHAN — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and C.T. Ravikumar, JJ. )…

Maharashtra Control of Organised Crime Act, 1999 – Section 2(1)(e) – Organised crime – Actual use of violence is not always a sine qua non for an activity falling within the mischief of organised crime, when undertaken by an individual singly or jointly as part of organised crime syndicate or on behalf of such syndicate

SUPREME COURT OF INDIA DIVISON BENCH ABHISHEK — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ. ) Criminal Appeal No.…

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