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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

Succession Act, 1925 – Sections 63, 81,89, 268 and 276 – Civil Procedure Code, 1908 (CPC) – Section 151 – Evidence Act, 1872 – Section 68 – Grant of probate of Will – Prayer of the appellant for grant of probate in relation to the Will in question has been declined concurrently by the Trial Court and by the High Court essentially after finding several unexplained suspicious circumstances surrounding the Will in question. HELD mere proof of signatures are not sufficient to prove will. Will in question is required to be considered void as per Section 89 of the Succession Act, when the principal bequeathing stipulation in the Will suffers from uncertainty to the hilt.

  SUPREME COURT OF INDIA DIVISION BENCH KAVITA KANWAR — Appellant Vs. MRS. PAMELA MEHTA AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil…

 ARNAB RANJAN GOSWAMI CASE :: Constitution of India, 1950 – Article 32 – Quashing of FIR – There can be no quashing of FIR under Article 32 – Transfer of Investigation to CBI – Accused cannot ask for changing the investigating agency or to do investigation in a particular manner including for court-monitored investigation. HELD accused “does not have a say in the matter of appointment of investigating agency” Investigating agency is entitled to decide “the venue, the timings and the questions and the manner of putting such questions” during the course of the investigation.

  SUPREME COURT OF INDIA DIVISION BENCH ARNAB RANJAN GOSWAMI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and M R…

Evidence Act, 1872 – Section 65 and 66 – Secondary evidence – Will – Prove of – It is a settled position of law that for secondary evidence to be admitted foundational evidence has to be given being the reasons as to why the original Evidence has not been furnished. HELD Needless to observe that merely the admission in evidence and making exhibit of a document does not prove it automatically unless the same has been proved in accordance with the law – Appeal allowed.

  SUPREME COURT OF INDIA DIVISION BENCH JAGMAIL SINGH AND ANOTHER — Appellant Vs. KARAMJIT SINGH AND OTHERS — Respondent ( Before : Navin Sinha and Krishna Murari, JJ. )…

Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 – Rule 2(2) – Restoration of 4G speed internet services in Jammu and Kashmir – Rejection of – Committee comprising of the following Secretaries at national, as well as State, level formed to decide the contentions of parties.

  SUPREME COURT OF INDIA FULL BENCH FOUNDATION FOR MEDIA PROFESSIONALS — Appellant Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND ANOTHER ( Before : N.V. Ramana, R. Subhash Reddy…

Arbitration and Conciliation Act, 1996 – Sections 27, 34 and 37 – Contract Act, 1872 – Sections 56 and 65 – Arbitral award – Interpretation of contract – High Court held that the interpretation of the terms of the contract by the Arbitral Tribunal is erroneous and is against the public policy of India HELD The interpretation of the Arbitral Tribunal to expand the meaning of Clause 23 to include change in rate of HSD is not a possible interpretation of this contract, as the appellant did not introduce any evidence which proves the same.

  SUPREME COURT OF INDIA FULL BENCH SOUTH EAST ASIA MARINE ENGINEERING AND CONSTRUCTIONS LTD. (SEAMEC LTD.) — Appellant Vs. OIL INDIA LIMITED — Respondent ( Before : N.V. Ramana,…

Environment Law – Sisodia Rani ka Bagh (Monument) – Monument may be used for appropriate multi-purpose activities between 8.00 A.M. to 8.00 P.M. only – No activity to be permitted after 8.00 P.M. – Use of laser lights, loud music, and fireworks is ordered to be completely restrained – Musical and other fountains to be maintained and to be kept in working order. Environment Law – Sisodia Rani ka Bagh (Monument) – Monument may be used for appropriate multi-purpose activities between 8.00 A.M. to 8.00 P.M. only – No activity to be permitted after 8.00 P.M. – Use of laser lights, loud music, and fireworks is ordered to be completely restrained – Musical and other fountains to be maintained and to be kept in working order. SC To Monitor Beautification Of 18th Century Garden. n

  SUPREME COURT OF INDIA DIVISION BENCH THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND MUSEUMS, JAIPUR AND ANOTHER — Appellant Vs. ASHISH GAUTAM AND OTHERS — Respondent ( Before : Arun…

Sabarimala Reference: SC Gives Reasons For Holding That Questions Of Law Can Be Referred To Larger Bench In Review HELD(REASONS) Writ Petitions filed under Article 32 of the Constitution of India do not fall within the purview of civil and criminal proceedings. Therefore, the limitations in Order XLVII, Rule 1 do not apply to review petitions filed against judgments or orders passed in Writ Petitions filed under Article 32 of the Constitution of India. Court noted that the Article 137 of the Constitution of India empowers the Supreme Court to review any judgment pronounced or order made by it subject to the provisions of any law made by the Parliament or any rules made under Article 145

Sabarimala Reference: SC Gives Reasons For Holding That Questions Of Law Can Be Referred To Larger Bench In Review [Read Order] LIVELAW NEWS NETWORK 11 May 2020 4:38 PM The…

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