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Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — Section 3(b) — Exclusion of employees appointed on academic arrangement basis from regularization — Classification held unconstitutional — Section 3(b) lacks intelligible differentia and rational nexus to the object of the Act — Denial of regularization solely based on nomenclature is impermissible under Article 14 of the Constitution where duties, tenure, and conditions of service are similar to ad hoc or contractual appointees. Adverse Possession — Claiming title by adverse possession against the State/Union Government is not permissible, irrespective of the duration of possession — Such perfection of rights is not recognized against the government. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court quashed proceedings against sister-in-law on ground of general and omnibus allegations, but declined relief to father-in-law and mother-in-law (appellants) — Allegations against appellants were similarly general and omnibus, with no specific role or overt act attributed to them — Delay in lodging FIR, coupled with lack of specific allegations, suggested possibility of FIR being a counter-blast to divorce petition filed by husband — High Court erred in applying different standards to similarly situated accused — Proceedings against appellants quashed. Companies Act, 2013 — Section 66 — Reduction of Share Capital — Procedural Fairness — Minority Shareholders — Valuation of Shares — Non-disclosure of valuation report and fairness report in notice for general meeting — Held, not a “tricky notice” as statutory requirement for valuation report not mandated under Section 66 — Valuation by a related agency — Held, not a conflict of interest where internal auditor is independent and valuation agency follows accepted norms — Discount for Lack of Marketability (DLOM) — Held, applicable to illiquid shares, especially in absence of oppression — Share price fixation — Held reasonable based on market value of subsidiary, past offers, and rights issue. Specific Performance of Agreement to Sell — Trial Court decreed suit for specific performance of sale agreement — High Court set aside Trial Court’s decree — Held, Memorandum of Understanding (MoU) executed on the same day as sale agreement established that sale agreement was sham and nominal, executed as security for loan — Plaintiff’s failure to disclose MoU in plaint indicated withholding of material facts and lack of bonafides — Equitable relief of specific performance denied — Appeal dismissed.

Senior Citizens Living Alone Amidst COVID-19 – HELD the elderly people should be given priority in the admission in the Government hospital looking to their vulnerability for Covid 19. In event of any complaint made by the elderly people, the hospital administration concerned shall take immediate steps to remedy their grievances.

Senior Citizens Living Alone Amidst COVID-19 – HELD the elderly people should be given priority in the admission in the Government hospital looking to their vulnerability for Covid 19. In…

HELD A hospital which renders free services to a certain category of patients, while providing services which are charged to the bulk of others would not lie outside the purview of the consumer fora. Indian Medical Association v V P Shantha 1995 SCC (6) 651 followed. SCOI left open the issue as to whether Safdarjung Hospital would be governed by the provisions of the Act as contained in Section 2(1)(o) (Service).

The Supreme Court has observed that it is only where a hospital provides medical services free of charge across the board to all patients that it would stand outside the…

Motor Accident Compensation] For Age Group 15-25, Multiplier To Be Applied Is ’18’HELD multiplier applied was 13 while as per the judgment in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr.- (2009) 6 SCC 121, it should have been 18.(b) The interest granted is of 6% which generally the interest being granted is of 9%”

Motor Accident Compensation] For Age Group 15-25, Multiplier To Be Applied Is ’18’, Reiterates SC   IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2831 of 2020…

Prevention of Food Adulteration Act, 1954, Section 16(1A) and Section 16(1)(a)(ii) – Adulterated Haldi Powder HELD the report of the public analyst does not mention that the sample was either “insect infested” or was “unfit for human consumption”, in the absence of such an opinion, the prosecution has failed to establish the requirements of Section 2 (1a)(f) of the Act

  IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 2255 OF 2010 PREM CHAND …APPELLANT Versus STATE OF HARYANA …RESPONDENT JUDGMENT N. V. RAMANA, J. 1.…

Income Tax Act, 1961 – Section 194C – Tax Deduction at Source – Applicability of Section 194C – Question of TDS under Section 194C(2) would have arisen only if the payment was made to a “sub-contractor” and that too, in pursuance of a contract for the purpose of “carrying whole or any part of work undertaken by the contractor” Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH SHREE CHOUDHARY TRANSPORT COMPANY — Appellant Vs. INCOME TAX OFFICER — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil Appeal…

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