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Consumer Protection Act, 1986 — Section 25 — Enforcement of orders — Pre-2002 amendment and post-2019 Act, all orders could be enforced as decrees. The period between 15.03.2003 to 20.07.2020 saw an anomaly where only interim orders (and monetary recovery) were clearly enforceable under Section 25, leaving final non-monetary orders in a gap. Interpretation of Statutes — Casus omissus — Court can fill gaps in legislation using interpretative tools like purposive construction when literal interpretation leads to absurdity or defeats the object of the Act, especially for remedial legislation like the Consumer Act. Constitution of India, 1950 — Article 14, 39(d) and 43 — Equal pay for equal work — Contractual Assistant Professors performing identical duties as regularly appointed or ad-hoc Assistant Professors are entitled to the minimum pay scale of Assistant Professors. Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Chapter I-A — Slum Rehabilitation Schemes — Preferential right of landowner to redevelop — Section 3B(4)(e) and Section 13(1) confer a preferential right on the landowner to redevelop a Slum Rehabilitation Area (SR Area) — SRA can undertake redevelopment only if the landowner fails to come forward with a scheme within a reasonable time Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Sections 3C, 13, 14 — Waiver of preferential right — Waiver of landowner’s preferential right to redevelop requires clear and overt communication by the owner of intention not to exercise the right — Mere inaction or delay, particularly when the owner has consistently shown intent to redevelop, does not constitute waiver, especially if no invitation for redevelopment was issued. Criminal Procedure — Institution of FIR — Quashing of FIR — Abuse of process of law — High Court quashed FIR based only on Section 17A of the PC Act, 1988, without considering other grounds raised by the accused — Supreme Court finds this approach incomplete and remands the matter for reconsideration of all grounds, emphasizing that procedural lapses like failure to obtain prior approval, if applicable, can render an FIR void ab initio.

Multiplier – Since the deceased was 54 years of age on the date of incident, therefore, the suitable multiplier would be 11 – Thus, the appellants are found entitled to compensation of Rs. 24,33,064/- with interest @ 9% from the date of filing of the claim application till realisation.

SUPREME COURT OF INDIA DIVISION BENCH R. VALLI AND OTHERS — Appellant Vs. TAMIL NADU STATE TRANSPORT CORPORATION LIMITED — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ.…

Land Acquisition Act, 1894 – Acquisition of land – Notification – Once the very acquisition and the notifications under Sections 4 and 6 were the subject matter of other proceedings pending before the High Court, in order to avoid any further conflicting orders HC not to decide appeals separately. Remanded

SUPREME COURT OF INDIA DIVISION BENCH M.P. HOUSING BOARD AND ANOTHER — Appellant Vs. SATISH KUMAR BATRA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

(CrPC) – Section 482 – Quashing of criminal proceedings – HELD not justified for the Court in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the inherent powers do not confer any arbitrary jurisdiction on the Court to act according to its whims and fancies

SUPREME COURT OF INDIA DIVISION BENCH SHAFIYA KHAN @ SHAKUNTALA PRAJAPATI — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S. Oka,…

Criminal Procedure Code, 1973 (CrPC) – Section 354(3) – Penal Code, 1860 (IPC) – Sections 376, 302 and 201 – Protection of Children from Sexual Offences Act, 2012 – Sections 5 and 6 – Rape and Murder of a seven-year-old girl – Death Sentence – unblemished jail conduct and having a family of wife, children and aged father would also indicate towards the probability of his reformation – It would be just and proper to award the punishment of imprisonment for life to the appellant for the offence under Section 302 IPC while providing for actual imprisonment for a minimum period of 30 years –

SUPREME COURT OF INDIA FULL BENCH PAPPU — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and C.T. Ravikumar, JJ. ) Criminal…

Rejection of plaint – A party to a consent decree based on a compromise to challenge the compromise decree on the ground that the decree was not lawful i.e., it was void or voidable has to approach the same court, which recorded the compromise and a separate suit challenging the consent decree has been held to be not maintainable

SUPREME COURT OF INDIA DIVISION BENCH M/S. SREE SURYA DEVELOPERS AND PROMOTERS — Appellant Vs. N. SAILESH PRASAD AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna,…

HELD respondent-CBI is relying upon statements of 5 witnesses recorded under Section 164 of CrPC – Statements of the first two witnesses were recorded on 7th September 2021 and 11th November 2021 respectively. But the appellant was not named in both the charge sheets filed thereafter – Bail granted with conditions.

SUPREME COURT OF INDIA DIVISION BENCH SK. SUPIYAN @ SUFFIYAN @ SUPISAN — Appellant Vs. THE CENTRAL BUREAU OF INVESTIGATION — Respondent ( Before : L. Nageswara Rao and Abhay…

C P C – Order II Rule 3 permits the plaintiff to join together different causes of action – No doubt it is a different matter that if there is a mis-joinder of causes of action, the power of the court as also the right of the parties to object are to be dealt with in accordance with law which is well settled.

SUPREME COURT OF INDIA DIVISION BENCH B.R. PATIL — Appellant Vs. TULSA Y. SAWKAR AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Civil Appeal…

Penal Code, 1860 (IPC) – Sections 376(2)(i) – Protection of Children From Sexual Offences Act, 2012 – Sections 5 and 6 – Penetrative sexual assault on a girl child aged four years -It is a case where trust has been betrayed and social values are impaired – Therefore, the accused as such does not deserve any sympathy and/or any leniency

SUPREME COURT OF INDIA DIVISION BENCH NAWABUDDIN — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No. 144 of…

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