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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

Arbitral award – Ground of Patent Illegality – No evidence at all or an award which ignores vital evidence in arriving at its decision would be perverse and liable to be set aside on the ground of patent illegality – Impugned Award would come under the realm of ‘patent illegality’ and therefore, has been rightly set aside by the High Court – Appeal Dismissed.

SUPREME COURT OF INDIA DIVISION BENCH PSA SICAL TERMINALS PRIVATE LIMITED — Appellant Vs. THE BOARD OF TRUSTEES OF V.O. CHIDAMBRANAR PORT TRUST TUTICORIN AND OTHERS — Respondent ( Before…

Service Matters

Criterion of “seniority – cum – merit” in the matter of promotion postulates that given the minimum necessary merit requisite for efficiency of administration, the senior, even though less meritorious, shall have priority and a comparative assessment of merit is not required to be made

SUPREME COURT OF INDIA DIVISION BENCH TEK CHAND AND OTHERS — Appellant Vs. BHAKRA BEAS MANAGEMENT BOARD (B.B.M.S.) AND OTHERS — Respondent ( Before : Navin Sinha and R. Subhash…

HELD definition of “vicarious liability” it can be inferred that the person supervising the driver is liable to pay the compensation to the victim – During such time, however, it will be deemed that that vehicle was transferred along with the insurance policy, even if it were insured at the instance of the original owner

  SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION — Appellant Vs. NATIONAL INSURANCE CO. LIMITED AND OTHERS — Respondent ( Before : S. Abdul Nazeer…

Compounding Must Be Conferred Statute Which Creates Offence HELD First, that private parties should be allowed to settle a dispute between them at any stage (with or without the permission of the Court, depending on the offence), even of a criminal nature, if proper restitution has been made to the aggrieved party. Second, that, however, this should not extend to situations where the offence committed is of a public nature, even when it may have directly affected the aggrieved party.

Societal interest in the prosecution of crime which has a wider social dimension must be borne in mind “59….The first of these principles is crucial so as to allow for…

Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 – Sections 12 and 13 – Finance Act, 2017 – Sections 184 and 186 (2) – Appointment of Tribunal Members or Chairperson – Provisions requiring minimum age for appointment as Chairperson or Members as 50 years and prescribing the tenure of four years is Struck Down

SUPREME COURT OF INDIA FULL BENCH MADRAS BAR ASSOCIATION — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : L. Nageswara Rao, Hemant Gupta and S. Ravindra…

Court at an earlier instance had taken note of all aspects and had arrived at the conclusion that there is prima facie material against the accused, the mere examination of the wife herein cannot be considered as a change in circumstance for the High Court to consider the fourth bail application of the accused and enlarge him on bail – Opinion that the order passed by High Court impugned herein is not sustainable – Bail cancelled

SUPREME COURT OF INDIA FULL BENCH MAMTA NAIR — Appellant Vs. STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hrishikesh Roy, JJ.…

Service Matters

Service Law – Higher Pay Scale – Grant of benefits of higher pay scale to the Central/State Government employees stand on different footing than grant of pay scale by an instrumentality of the State – Employees of Punjab State Co-operative Milk Producers Federation are entitled to pay scale equivalent to their counterparts in State of Punjab

SUPREME COURT OF INDIA DIVISION BENCH PUNJAB STATE CO-OPERATIVE MILK PRODUCERS FEDERATION LIMITED AND ANOTHER — Appellant Vs. BALBIR KUMAR WALIA AND OTHERS — Respondent ( Before : Sanjay Kishan…

HELD – Section 17(2)(vi) of the Registration Act, 1908. – Principle is based on the fact that family settlement only declares the rights which are already possessed by the parties – A compromise decree in respect of land which is not the subject-matter of suit but is part of the settlement between the family members does not requires compulsory registration in terms of

SUPREME COURT OF INDIA DIVISION BENCH RIPUDAMAN SINGH — Appellant Vs. TIKKA MAHESHWAR CHAND — Respondent ( Before : Sanjay Kishan Kaul and Hemant Gupta, JJ. ) Civil Appeal No.…

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