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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

Confession–Recovery of foreign exchange–Confession by accused later retracted–Burden to prove that confession was voluntary would be on Department. Burden of proof–Parliament did not make any provision placing the burden of proof on the accused/proceedee—The Act does not provide for a ‘reverse burden’–No presumption of commission of an offence is raised under the Act.

Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7407 Of 2008 Vinod Solanki v. Union of India {Decided on 18/11/2008} Important Point…

Property Tax–Sub-lessee whether liable to pay property tax–Deed placed number of restrictions on the sub-lessee which prevented the sub lessee from full enjoyment of the leasehold rights–As the deed did not operate as a conveyance and the industrial plot was let out to sub-lessee the primary liability to pay property tax cannot be fastened on sub-lessee.

Before The Hon’ble Mr. Justice S.H. Kapadia The Hon’ble Mr. Justice B. Sudershan Reddy Civil Appeal Nos.6802-6806 Of 2003 Municipal Corporation of Delhi v. Shashnak Steel Industries (P) Ltd {Decided…

Extra judicial confession–Confession before PW3 after a week of occurrence–PW3 is the former President of the Village Panchayat–He had not chosen to reduce into writing the extra judicial confession of the accused or produce him at the police station–Confession not reliable.

Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 177 of 2003 Inspector Of Police, T.N. v. Palanisamy @ Selvan {Decided…

Mischief–Accused forcibly entered sugarcane fields of complainant and destroyed the crop–Accused used derogatory words against him–Complainant belongs to Scheduled Tribe–Accused rightly convicted under Section 427 I.P.C. under Section 3(1)(iv) and (v) of Schedule Tribes (Prevention of Atrocities) Act, 1989.

Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 1967 of 2008 Kashiben Chhaganbhai Koli v. State of Gujarat {Decided on…

Service Matters

Pension–Husband of appellant died in 1978–Pension claimed after 14 years under Rule 22-A–Rule 22-A made effective from September 1, 1982 with prospective effect–A right or a liability which was created for the first time, cannot be given a retrospective effect.

Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal Nos.7556-7557 of 2008 Panchi Devi v. State of Rajasthan {Decided on 18/12/2008} Important Point Pension–Husband…

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