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Rights of Persons with Disabilities Act, 2016 — Prisoners with Disabilities — This case concerns the rights and conditions of prisoners with disabilities, focusing on the effective implementation of the Rights of Persons with Disabilities Act, 2016, and constitutional guarantees of dignity, equality, and non-discrimination within prison systems. Succession Act, 1925 — Section 263 — Revocation of probate — Just cause — Fraudulent grant by concealing material facts or false suggestions — Failure to cite necessary parties — Grant of probate is a judgment in rem and binds the world — Persons with even a slight interest, including subsequent transferees from heirs, are entitled to citation before probate is granted — Failure to implead appellants and legal heirs of deceased sons, and to issue citations, constitutes just cause for revocation. Civil Procedure Code, 1908 (CPC) — Section 13 — Conclusiveness of foreign judgment — Enforceability in India — Summary judgment granted by foreign court without full trial despite existence of triable issues and crucial documentary evidence like Balance Sheets and Board Minutes, particularly when the respondent was denied leave to defend — Such procedure prevents a fair adjudication and is not rendered “on the merits” as required by Section 13(b) — Foreign judgment is therefore not enforceable in India. Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Cause of Action — Valuation and Court Fees — The Supreme Court reiterated that Order 7 Rule 11 allows rejection of a plaint if it does not disclose a cause of action, is undervalued, insufficiently stamped, or barred by law — It clarified that a plaint should not be rejected at the threshold if it contains averments that, taken at face value, set out a dispute requiring adjudication — The Court emphasized that assessing the sufficiency of evidence or the probability of success is impermissible at this stage and constitutes a premature mini-trial. Motor Vehicles Act, 1988 — Section 168 — Just Compensation — Award of compensation for prosthetic limb — No fixed guidelines for compensation amount — Courts can deviate from governmental notifications if they are too low — Emphasis on “restitutio in integrum” principle to restore the claimant as close as possible to their pre-injury state — Claimants are entitled to choose private centres for prosthetic limbs and renewal costs should be considered — Compensation can be awarded for periodic replacement and maintenance of prosthetic limbs.

Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices) Regulations, 2003 – Regulation 9, 10, 11 and 12 – Whether an investigation report under Regulation 9 of the PFUTP Regulations must be disclosed to the person to whom a notice to show cause is issued – Held, Person has a right to disclosure of the material relevant to the proceedings initiated against him

SUPREME COURT OF INDIA DIVISION BENCH T. TAKANO — Appellant Vs. SECURITIES AND EXCHANGE BOARD OF INDIA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Sanjiv…

Service Matters

HELD constitutional courts while exercising their power of judicial review under Articles 226 or 227 of the Constitution would not assume the role of the appellate authority where jurisdiction is circumscribed by limits of correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice

SUPREME COURT OF INDIA DIVISION BENCH GENERAL MANAGER(OPERATION-1)/ APPELLATE AUTHORITY, UCO BANK AND OTHERS — Appellant Vs. KRISHNA KUMAR BHARDWAJ — Respondent ( Before : Ajay Rastogi and Abhay S.…

Service Matters

Power of judicial review in the matters of disciplinary inquiries, exercised by the departmental/appellate authorities discharged by constitutional courts under Article 226 or Article 136 of the Constitution of India is well circumscribed by limits of correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice.

SUPREME COURT OF INDIA DIVISION BENCH REGIONAL MANAGER, UCO BANK AND ANOTHER — Appellant Vs. KRISHNA KUMAR BHARDWAJ — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Specific Relief Act, 1963 – Sections 21, 21(4) and 21(5) – Claim for damages in lieu of specific performance of contract – Appellant did not claim any relief for damages – Even in the appeal filed by the Appellant, no relief for damages was claimed by the Appellants – Appellant not entitled for damages – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH UNIVERSAL PETRO CHEMICALS LIMITED — Appellant Vs. B. P. PLC AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

Service Matters

Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 – Regulations 6, 7 and 116 -Exemption from the applicability of Regulation 6 & 7 of the Safety Regulations by the order dated 13.02.2019 can be granted only in favour of persons who were employed with the KSEBL on the date of the formulation of the transfer scheme and such of those employees who have joined service after 31.10.2013 were not entitled to such an exemption.

Vs. STATE OF KERALA AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) Civil Appeal Nos. 1498-1500 of 2022 (Arising out of SLP (Civil)…

Service Matters

Service Law – Promotion – considering Rule 14, it can be seen that the bar was against teachers who have obtained B.A./B.Sc./B.Ed degree simultaneously during the same academic year – In the present case it cannot be said that the appellant obtained the degree of B.A. (English) and M.A. (Tamil) during the same academic year

SUPREME COURT OF INDIA DIVISION BENCH A. DHARMARAJ — Appellant Vs. THE CHIEF EDUCATIONAL OFFICER, PUDUKKOTTAI AND OTHERS — Respondent ( Before : M. R. Shah and B. V. Nagarathna,…

Re-auction – re-auction of the entire properties by fixing the upset price higher than what has been fixed earlier, the auction purchaser who purchased the property in the year 1998- Valuation as on the date of auction is the relevant consideration and not the value after so many years

SUPREME COURT OF INDIA DIVISION BENCH K. KUMARA GUPTA — Appellant Vs. SRI MARKENDAYA AND SRI OMKARESWARA SWAMY TEMPLE AND OTHERS — Respondent ( Before : M.R. Shah and B.V.…

Constitution of India, 1950 – Article 15(1) and 19(1)(g) – Maharashtra Police Act, 1951 – Section 33(1)(w)(i) and 33(w)(ii) and 162(1) – Licensing and Performance for Public Amusement including Cabaret Performance, Melas and Tamashas Rules, 1960 – Rules 108A, 109, 118, 207 and 209- Condition limiting female performers in bars – Restriction directly transgresses Article 15(1) and Article 19(1)(g)-

  SUPREME COURT OF INDIA DIVISION BENCH HOTEL PRIYA, A PROPRIETORSHIP — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : K.M. Joseph and S. Ravindra Bhat,…

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