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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

Criminal Procedure Code, 1973 (CrPC) – Sections 156(3) and 173 – Protest petition – When a complaint sent to police under/S 156(3) for investigation and then a protest petition is filed, the Magistrate after accepting the final report of the police under Section 173 and discharging the accused persons has the power to deal with the protest petition.

  SUPREME COURT OF INDIA DIVISION BENCH SUBHASH SAHEBRAO DESHMUKH — Appellant Vs. SATISH ATMARAM TALEKAR AND OTHERS — Respondent ( Before : Navin Sinha and Indira Banerjee, JJ. )…

Muslim Women (Protection of Rights on Divorce) Act, 1986 – Section 3 – Muslim divorce – Maintenance – Whether the family court has jurisdiction to try application filed by Muslim divorced woman for maintenance under Section 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986 – Matter be placed before Hon’ble the Chief Justice of India for referring the matter to the Larger Bench.

  SUPREME COURT OF INDIA DIVISION BENCH RANA NAHID @ RESHMA @ SANA AND ANOTHERS — Appellant Vs. SAHIDUL HAQ CHISTI — Respondent ( Before : R. Banumathi and Indira…

Motor Vehicles Act, 1988 – Section 2(30) – Definition of the expression ‘owner’ in Section 2(30) of the Motor Vehicles Act, 1988, it is the person in whose name the motor vehicle stands registered, who, for the purposes of the said Act, would be treated as the owner of the vehicle.

  SUPREME COURT OF INDIA DIVISION BENCH SURENDRA KUMAR BHILAWE — Appellant Vs. THE NEW INDIA ASSURANCE COMPANY LIMITED — Respondent ( Before : R. Banumathi and Indira Banerjee, JJ.…

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Sections 12, 16, 16(1)(b) and 18 – Appeal against order of allotment or release – Sub-letting the property to some other persons who were not the family members of the tenant – A perusal of the inspection report clearly established, that the original tenant was residing in the tenanted premises along with his son, brother’s son and their families. Appeal allowed.

  SUPREME COURT OF INDIA DIVISION BENCH MOHD. INAM — Appellant Vs. SANJAY KUMAR SINGHAL AND OTHERS — Respondent ( Before : Navin Sinha and B.R. Gavai, JJ. ) Civil…

Government has no right to walk into the Court as and when they want “We have categorized such cases as “certificate cases” where the only purpose is to approach this court to get a certificate of dismissal of the appeal/petition and such endeavours must be discouraged.”

Filing Of ‘Certificate Cases’ Must Be Discouraged, Says SC [Read Order] LIVELAW NEWS NETWORK 21 Jun 2020 11:27 AM “We have categorized such cases as “certificate cases” where the only…

Constitution of India, 1950 – Article 136 – Rajasthan Transparency in Public Procurement Rules, 2013 – Rule 70(8) – Grant of contract – Once the bidding process is complete, the appellant is entitled to take work from the successful bidders rather than taking work from the short-term tenderers who were granted contract in exigency of the situation.

  SUPREME COURT OF INDIA DIVISION BENCH RAJASTHAN STATE WAREHOUSING CORPORATION — Appellant Vs. STAR AGRIWAREHOUSING AND COLLATERAL MANAGEMENT LIMITED AND OTHERS — Respondent ( Before : Hemant Gupta and…

IMP ::: Jagannath Rath Yatra – This Court Suggested to the parties that the procession of chariots, i.e., the Rath Yatra itself, could be allowed to proceed, however, without the general congregation which participates in this Yatra and informed that it would be well nigh impossible to ensure that there is no congregation

  SUPREME COURT OF INDIA FULL BENCH ODISHA VIKASH PARISHAD — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Mr. S.A. Bobde, CJ., Mr. Dinesh Maheshwari…

Penal Code, 1860 – Sections 114 and 307 – Arms Act, 1959 – Section 25(1)(B)(a) – Bombay Police Act, 1951 – Section 135(1) – Attempt to Murder – Sentence enhanced from Six to Seven Years by High Court – Appeal against – Minor discrepancies in evidence and inability to recall details of the description of houses, roads and streets after several years, do not vitiate the evidence of recovery itself

  SUPREME COURT OF INDIA DIVISION BENCH MUSTAK @ KANIO AHMED SHAIKH — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : R. Banumathi and Indira Banerjee, JJ. )…

Amrapali : SC Directs ED To Transfer JP Morgan’s Attached Money For Construction Purposes HELD that let the attached money of the home buyers, which is diverted as found in the aforesaid order, be transmitted by the Enforcement Directorate to the Amrapali Account [UCO Bank A/c No. 02070210002834] maintained by the Registry of this Court and be utilized for the purpose of construction of the projects.

Amrapali : SC Directs ED To Transfer JP Morgan’s Attached Money For Construction Purposes [Read Order] Nilashish Chaudhary 20 Jun 2020 12:51 PM In a significant development regarding the completion…

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