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Medical Education — Relocation of Students — Financial Liability — Supreme Court intervened to protect academic future of students admitted to a college (SRMCH) facing deficiencies, by directing their relocation to other recognized colleges — The primary issue became the financial liability for the education provided at the transferee colleges. Income Tax Act, 1961 — Section 147 and 148 — Reopening of assessment — Validity — Tangible material — Change of opinion — Assessing Officer has no power to review an assessment; reassessment must be based on tangible material, not a mere change of opinion — The discovery of fresh information during a survey, which reveals the true nature of a transaction and suggests income has escaped assessment, can form the basis for reopening an assessment, even if certain disclosures were made during the original assessment. Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion. -Family Law — Divorce — Grounds — Cruelty and Desertion — Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion. Constitution of India, 1950 — Article 19(1)(a) and Article 21A — Right to education — Medium of instruction — Freedom of speech and expression includes the right to receive information in a comprehensible manner — Education must be imparted in a language that the child understands best — Right to primary education in a language of choice is part of freedom of speech and expression — State cannot impose controls on such choice. Motor Vehicles Act, 1988 — Compensation — Enhancement — Deceased was an engineering student with good academic record and potential future earnings — High Court enhanced compensation but it was found to be on the lower side — The Supreme Court assessed the monthly income at Rs. 12,000/-, added 40% for future prospects, deducted half for personal expenses, and applied a multiplier of 18 — Compensation under conventional heads was also enhanced — The motorcycle damage was awarded as per the surveyor’s report.
Service Matters

Service Law – Appointment – Contractual employees – Post of Computer Operator – No regular sanctioned post – High Court has committed a grave error in passing such an interim order restraining the appellant Corporation from appointing new set of contractual employees in place of original writ petitioners

SUPREME COURT OF INDIA FULL BENCH RAJASTHAN STATE ROAD DEVELOPMENT AND CONSTRUCTION CORPORATION LIMITED — Appellant Vs. PIYUSH KANT SHARMA AND OTHERS — Respondent ( Before : Ashok Bhushan, R.…

Cr P C, 1973 – Section 167(2) – Default bail – Right of – No other condition of deposit – Where the investigation is not completed within 60 days or 90 days, as the case may be, and no chargesheet is filed by 60th or 90th day, accused gets an “indefeasible right” to default bail

SUPREME COURT OF INDIA FULL BENCH SARAVANAN — Appellant Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah,…

Shared household means where person aggrieved has lived at any time in domestic relationship either singly or with respondent – The household may be a joint family or jointly tenanted irrespective of title or ownership of property. “Right to reside in shared household” – The aggrieved has right to reside in shared household property continues until she proves that she is a victim of domestic violence,

SUPREME COURT OF INDIA FULL BENCH SATISH CHANDER AHUJA — Appellant Vs. SNEHA AHUJA — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ. ) Civil…

POSCO – -Victim aged 15 years at the time of deposition is matured – Even there can be a conviction based on the sole testimony of the victim, however, she must be found to be reliable and trustworthy – Sole testimony of the victim is absolutely trustworthy and unblemished and her evidence is of sterling quality

SUPREME COURT OF INDIA FULL BENCH GANESAN — Appellant Vs. STATE REPRESENTED BY ITS INSPECTOR OF POLICE — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah,…

Service Matters

HELD Post of District Judge (Entry Level) – a criminal case against the appellant under Section 498A/406/34 IPC was pending which was registered on a complaint filed by the wife of the appellant – Such decision of the Committee was well within the jurisdiction and power of the Committee and cannot be said to be unsustainable – Mere fact that subsequently after more than a year when the person whose candidature has been cancelled has been acquitted cannot be a ground to turn the clock backward.

SUPREME COURT OF INDIA DIVISION BENCH ANIL BHARDWAJ — Appellant Vs. THE HON’BLE HIGH COURT OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Ashok Bhushan and M.R. Shah,…

Limitation Act, 1963 – Section 5- Condonation of Delay – in any event the petitioner herein cannot claim benefit of an interim order from the date of disposal of the Writ Appeal – In such event, though this Court has condoned the delay, the grant of an order of statusquo at that juncture was without reference to all these aspects.

SUPREME COURT OF INDIA FULL BENCH HANUMAPPA (SINCE DECEASED) BY HIS LRS. AND OTHERS — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : S. A.…

Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016-Lessees are granted time up to end of January, 2021 for the removal of the minerals excavated/mined on or before 15.03.2018 subject to payment of royalties and other charges. HELD If within the time stipulated above, the lessees could not remove the mineral, the Government shall invoke the power under Rule 12(1)(hh) – Application disposed of.

SUPREME COURT OF INDIA FULL BENCH CHOWGULE AND COMPANY PRIVATE LIMITED — Appellant Vs. GOA FOUNDATION AND OTHERS — Respondent ( Before : S. A. Bobde, CJI., A. S. Bopanna…

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