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Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor. Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts. Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees. Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21 Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports

Acquisition proceedings – Enhancement of compensation – Non adequate Compensation – Appellant is entitled for compensation for 2 hectares of land in reference to which compensation has not been awarded under the impugned judgment at the rate of Rs. 1,00,000/­ per hectare along with statutory entitlement to the claimant/appellant as referred to by the High Court in para (viii) till realization under the impugned judgment.

SUPREME COURT OF INDIA DIVISION BENCH BHUPENDRA RAMDHAN PAWAR — Appellant Vs. VIDARBHA IRRIGATION DEVELOPMENT CORPORATION, NAGPUR AND OTHERS ETC. — Respondent ( Before : Ajay Rastogi and Abhay S.…

Second Appeal – Power of High Court to determine issues of fact – If the appellants’ arguments were to prevail, the findings of fact based upon an entirely erroneous appreciation of facts and by overlooking material evidence would necessarily have to remain and bind the parties, thereby causing injustice – It is precisely for such reasons that the High Courts are empowered to exercise limited factual review under Section 103 CPC. However, that such power could be exercised cannot be doubted.

SUPREME COURT OF INDIA DIVISION BENCH K.N. NAGARAJAPPA AND OTHERS — Appellant Vs. H. NARASIMHA REDDY — Respondent ( Before : L. Nageswara Rao and S. Ravindra Bhat, JJ. )…

Central Vigilance Commission Act, 2003 – Section 25, 25(a) and 25(f) – General Clauses Act, 1897 – Section 21 – Principal Special Director in Enforcement Directorate – Extension of tenure – Section 25(f) of the CVC Act has to be read as the tenure of office of the Director of Enforcement is for a minimum period of two years – There is no proscription on the Government to appoint a Director of Enforcement beyond a period of two years

SUPREME COURT OF INDIA DIVISION BENCH COMMON CAUSE (A REGISTERED SOCIETY) — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

Medical negligence – Where the treatment is not successful or the patient dies during surgery, it cannot be automatically assumed that the medical professional was negligent – Indicate negligence there should be material available on record or else appropriate medical evidence should be tendered – Negligence alleged should be so glaring, in which event the principle of res ipsa loquitur could be made applicable and not based on perception

SUPREME COURT OF INDIA DIVISION BENCH DR. HARISH KUMAR KHURANA — Appellant Vs. JOGINDER SINGH AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. ) Civil…

IMP : Suit for grant of perpetual injunction against the defendants restraining them or anybody claiming through them from interfering with the plaintiff’s peaceful possession and enjoyment of the suit property – High Court was right in holding that the suit simpliciter for permanent injunction without claiming declaration of title, as filed by the plaintiff, was not maintainable .

SUPREME COURT OF INDIA DIVISION BENCH T.V. RAMAKRISHNA REDDY — Appellant Vs. M. MALLAPPA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) Civil…

Murder – Cancellation of bail – Giving threats to the complainant side and the other witnesses and the offences under Sections 504 & 506 IPC can be said to be a very serious offence – Therefore, the aforesaid conduct ought not to have been taken by the High Court very lightly – High Court has committed a grave error in releasing the accused on bail pending appeals against the judgment and order of conviction for the offences under Sections 302/149, 201 r/w 120B IPC.

SUPREME COURT OF INDIA DIVISION BENCH SHAKUNTALA SHUKLA — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ.…

Consumer fora under the Act would not have jurisdiction to entertain the consumer complaints on the ground of deficiency in service related to transfer of title of the immovable property – It is not a case of the deficiency in service as contemplated by Consumer Act but definitely a case of exercise of jurisdiction in an arbitrary and discriminatory manner. Direct the Chandigarh Administration to decide the claim of conversion as on the date when consumer complaints were filed – Such action shall be taken within 3 months.

SUPREME COURT OF INDIA DIVISION BENCH ESTATE OFFICER AND ANOTHER — Appellant Vs. CHARANJIT KAUR — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. ) Civil Appeal No.…

Service Matters

Service Law – Manipulated appointment – Fraudulent selection process – Fraudulent practice to gain public employment cannot be countenanced to be permitted by a Court of law – Workmen here, having hoodwinked the Government Undertaking in a fraudulent manner, must be prevented from enjoying the fruits of their illgotten advantage

SUPREME COURT OF INDIA DIVISION BENCH EMPLOYERS IN RELATION TO THE MANAGEMENT OF BHALGORA AREA (NOW KUSTORE AREA) OF M/S BHARAT COKING COAL LIMITED — Appellant Vs. WORKMEN BEING REPRESENTED…

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