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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

Protection of Women from Domestic Violence Act, 2005 – Section 12 – Right of residence – Alternative accommodation – Under the Protection of Women from Domestic Violence Act, 2005 the appellant would certainly be entitled to a shared residence being her matrimonial home or in lieu thereof her husband to provide her with a suitable reasonable accommodation in accordance with law -Decided on : 29-04-2020

  SUPREME COURT OF INDIA FULL BENCH NEELAM GUPTA — Appellant Vs. MAHIPAL SHARAN GUPTA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit, Indu Malhotra and Krishna Murari,…

SC Upholds NEET; Says Uniform Exam For Admission In Medical & Dental Courses Does Not Violate Minority Rights . Held that prescribing a uniform examination of NEET for admissions in medical & dental courses did not violate rights of unaided/aided minority institutions under Articles 19(1) (g) & 30 read with 25, 26 & 29(1) of Constitution. D/APRIL 29, 2020.

SC Upholds NEET; Says Uniform Exam For Admission In Medical & Dental Courses Does Not Violate Minority Rights [Read Judgment] LIVELAW NEWS NETWORK 29 April 2020 2:59 PM In a…

Non-Participation In Arbitral Proceedings Results In Waiver Of Right To Raise Objections On Jurisdiction After Award : SC HELD hat the specification of a “Venue” or “Place” of arbitration may not hold much significance in domestic arbitrations as against international commercial arbitrations due to the uniform applicability of the substantive & curial law.D/April 29, 2020.

Non-Participation In Arbitral Proceedings Results In Waiver Of Right To Raise Objections On Jurisdiction After Award : SC [Read Judgment] Sanya Talwar 29 April 2020 6:49 PM Court also pointed…

In Partial Relief To Vodafone Idea, SC Allows Tax Refund Of Rs 773 Crores Held that since the statute now envisages exercise of power of withholding of refund in a particular manner, it goes without saying that for assessment year commencing after 01.04.2017 the requirements of Section 241-A of the Act must be satisfied.

In Partial Relief To Vodafone Idea, SC Allows Tax Refund Of Rs 773 Crores [Read Judgment] Mehal Jain 29 April 2020 2:48 PM GMT In a setback of sorts to…

Prevention of Corruption Act, 1988 – Section 2(c) (xi) – Deemed University – Whether the trustee of Deemed University is a ‘public servant’ covered under Section 2(c) of the PC Act – Held, Deemed university covered under PC Act – This Court is of the opinion that the High Court was incorrect in holding that a “Deemed University” is excluded from the ambit of the term “University” under Section 2(c)(xi) of the PC Act.

  SUPREME COURT OF INDIA FULL BENCH STATE OF GUJARAT — Appellant Vs. MANSUKHBHAI KANJIBHAI SHAH — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Ajay Rastogi, JJ.…

Customs Act, 1962 – Section 9(1)(e) – Customs Valuation (Determination of Price of Imported Goods Valuation Rules, 1988 – Rules 4, 9(1)(e) and 12 – Import consignments – Custom valuation – Provisions of Rule 9(1)(e) cannot be automatically applied to every import which has surface features of a turnkey contract.

  SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF CUSTOMS (PORT) KOLKATA — Appellant Vs. M/S STEEL AUTHORITY OF INDIA LTD. — Respondent ( Before : Deepak Gupta and Aniruddha…

Central Sales Tax Act, 1956 – Sections 3, 6 and 6(2) – Liability to tax on inter-State sales – Whether as a condition of giving the benefit of Section 6(2) of the said Act, the tax authorities can impose a limit or timeframe within which delivery of the respective goods has to be taken from a carrier when the goods are delivered to a carrier for transmission in course of inter-state sale. HELD In such circumstances fixing of timeframe by order of the Tax Administration of the State in our opinion would be impermissible. Decided on : 27-04-2020

  SUPREME COURT OF INDIA DIVISION BENCH COMMERCIAL TAXES OFFICER — Appellant Vs. M/S. BOMBAY MACHINERY STORE — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Civil…

Karnataka Preservation of Trees Act, 1976 – Section 66 – Karnataka Land Reforms Act, 1961 – Sections 79-B and 104 – Plantations – Exemption from the restrictions on holding imposed under that statute – Effect of such treatment would be that such land under plantation would be exempted from the restrictions on holding imposed under that statute – This Court direct the Tahsildar to undertake fresh proceeding on the basis of the declaration filed under Section 66 of the 1976 Act by the predecessors of the respondents – It shall be open to the authorities undertaking such proceeding to examine as to whether declaration under Section 66 of the Act was proper course or not for determining the issues in dispute, including the question of vesting of the land or part thereof in the State Decided on : 27-04-2020

  SUPREME COURT OF INDIA DIVISION BENCH STATE OF KARNATAKA — Appellant Vs. Y. MOIDEEN KUNHI (D) BY LRS. AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha…

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