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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

8 year old child wanted to live with father, however Custody given to mother for one year HELD Empirical studies show that mother infant “bonding” begins at the child’s birth and that infants as young as two months old frequently show signs of distress when the mother is replaced by a substitute caregiver.

SUPREME COURT OF INDIA Before :- J. Chelameswar and A.K. Sikri, JJ. Civil Appeal No. 3962 of 2016. D/d. 13.2.2017. Vivek Singh – Appellants Versus Romani Singh – Respondents For…

Bombay Tenancy and Agricultural Lands, Act, 1948 – Section 63 – Transfers to non-agriculturists barred – Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 debars an agriculturist from parting with his agricultural land to a non-agriculturist through a “Will”.

SUPREME COURT OF INDIA FULL BENCH VINODCHANDRA SAKARLAL KAPADIA — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : Uday Umesh Lalit, Indu Malhotra and A.S. Bopanna,…

Service Matters

Madhya Pradesh State Administrative Service (Classification, Recruitment and Conditions of Service) Rules, 1975 – Rule 13 – Probation – Departmental examination – Matter referred to High Court consider the effect of non-consideration of Rule 13 of 1975 Rules on the earlier occasion as well as the impact of the decisions of this Court

  SUPREME COURT OF INDIA DIVISION BENCH WARAD MURTI MISHRA — Appellant Vs. STATE OF MADHYA PRADESH AND ANOTHER. — Respondent ( Before : Uday Umesh Lalit and Indu Malhotra,…

Stamp Act, 1899 – Section 47A – Suo motu – Power of – There is nothing in the scheme of the Act which purports to restrict the exercise of suo motu power under Section 47-A, and confines it to cases where knowledge of any illegality or infirmity in the proceedings undertaken by the subordinate officers must be gathered from sources other than through a pending appeal

  SUPREME COURT OF INDIA DIVISION BENCH THE INSPECTOR GENERAL OF REGISTRATION, TAMIL NADU AND OTHERS. — Appellant K. BASKARAN — Respondent ( Before : Uday Umesh Lalit and Indu…

Civil Procedure Code, 1908 (CPC) – Sections 10 and 25 – Succession Act, 1925 – Section 270 – Suit for partition – Transfer of – A petition u/s 25 of the Code, however, is not decided on consideration on the “First past the post” . Bombay High Court, which is hearing the Testamentary petition (Probate), will decide the partition suit as well.

  SUPREME COURT OF INDIA SINGLE BENCH SHAMITA SINGHA AND ANOTHER — Appellant Vs. RASHMI AHLUWALIA AND ANOTHER — Respondent ( Before : Aniruddha Bose, J. ) Transfer Petition (Civil)…

Motor Vehicle – Just and Proper compensation – Enhancement of compensation – Horse cart was hit by a bus resulting into deaths – Deduction on account of contributory negligence held to be unsustainable – Therefore total compensation payable to the appellants in the first appeal at Rs.11,96,000/. Child death cosiderations determination shall not depend upon financial position of the victim or the claimant but rather on the capacity and ability of the deceased to provide happiness in life to the claimants had she remained alive.

  SUPREME COURT OF INDIA DIVISION BENCH RAJENDRA SINGH AND OTHERS @APPELLAN Vs. NATIONAL INSURANCE COMPANY LIMITED AND OTHERS — Respondent ( Before : Navin Sinha and B.R. Gavai, JJ.…

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