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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

High Court had imposed a blanket ban on the operation of DJ services in Uttar Pradesh reason that noise generated by DJ is unpleasant and obnoxious level – Appeal against same – Persons may be permitted to play the music/DJ only in accordance with law and after obtaining the requisite license/permission from the concerned authorities

  SUPREME COURT OF INDIA DIVISION BENCH SACHIN KASHYAP AND OTHERS — Appellant Vs. SUSHIL CHANDRA SRIVASTAVA AND OTHERS — Respondent ( Before : Vineet Saran and Dinesh Maheshwari, JJ.…

Policy decision not to grant Study Leave to doctors for a certain length of time, in apprehension of a rise in COVID-19 cases, to ensure the availability of as many doctors, as possible for duty, is neither arbitrary, nor discriminatory, nor violative of Article 14 of the Constitution of India

SUPREME COURT OF INDIA DIVISION BENCH DR. ROHIT KUMAR — Appellant Vs. SECRETARY OFFICE OF LT. GOVERNOR OF DELHI AND OTHERS — Respondent ( Before : Indira Banerjee and V.…

Service Matters

Enhancement of Age of superannuation – HELD enhancement of the age of superannuation is a ‘public function’ channelised by the provisions of the statute and the service regulations, the doctrine of promissory estoppel cannot be used to challenge the action of NOIDA – Though NOIDA sought the approval of the State government for the enhancement with ‘immediate effect’ , it never intended or portrayed to have intended to give retrospective effect to the prospectively applicable Government order

SUPREME COURT OF INDIA DIVISION BENCH NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY AND ANOTHER — Appellant Vs. B. D. SINGHAL AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…

Exparte decree against minor – Appointment of guardian – High Court found that the exparte decree was a nullity, as it was passed against a minor without the minor being represented by a guardian duly appointed in terms of the procedure contemplated under Order 32, Rule 3 of the Code – Therefore, the High Court, exercising its power of superintendence under Article 227 of the Constitution, set aside the exparte decree itself . ORDER UPHELD

SUPREME COURT OF INDIA DIVISION BENCH K.P. NATARAJAN AND ANOTHER — Appellant Vs. MUTHALAMMAL AND OTHERS — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. ) Special Leave…

Murder – Cancellation of Bail – High court grants bail in second bail application without discussion or analysis of circumstances – Observations made by the High Court “considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the second bail application” does not constitute the kind of reasoning which is expected of a judicial order

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

As held, it is declared that Part IXB of the Constitution of India is operative only insofar as it concerns multi State cooperative societies both within the various States and in the Union territories of India – Part IX B of the Constitution consists of Articles 243ZH to 243ZT – Article 243ZH is the definition Article which defines co-operative societies in sub-clause (c) as meaning society registered or deemed to be registered under a State law, as opposed to a multi-State cooperative society defined in sub-clause (d), which is a society with objects not confined to one State and registered under a law for the time being in force relating to such cooperatives

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA — Appellant Vs. RAJENDRA N. SHAH AND ANOTHER — Respondent ( Before : R. F. Nariman, B.R. Gavai and K.M. Joseph,…

CrPC – S 482 – IPC – Ss 409, 420, 467, 468, 471 and 477A read with 120B – In exceptional cases with caution and circumspection, giving brief reasons, High Court has power passed to pass an protection interim order. there may be allegations of abuse of process of law, converting a civil dispute into a criminal dispute, with a view to pressurize the accused. High Court has given elaborate reasons as to how the allegations of bank fraud were developed during the proceedings concerning allegations of election fraud.

SUPREME COURT OF INDIA DIVISION BENCH A P MAHESH COOPERATIVE URBAN BANK SHAREHOLDERS WELFARE ASSOCIATION — Appellant Vs. RAMESH KUMAR BUNG AND OTHERS — Respondent ( Before : Indira Banerjee…

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