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Allotment of Land — Irregularity — Public Interest Litigation — Demolition vs. Regularisation — The court must balance the wrong committed with the current reality and socio-economic consequences — Demolition of a fully operational commercial complex, involving significant investment, employment, and tax revenue, may not serve public interest if financial restitution is possible. All India Service (Death-cum-Retirement Benefits) Rules, 1958 — Rule 16(2A) — Voluntary Retirement — Acceptance by Central Government — Central Government has the ultimate authority to accept or reject a Voluntary Retirement (VRS) notice — It is not bound by the State Government’s recommendation and must apply its mind to all relevant facts and circumstances — This power is not unconstrained and is guided by DoPT Guidelines, requiring consideration of pending or contemplated disciplinary proceedings that could lead to a major penalty — The Central Government can accept a VRS request even if a major penalty is possible, but this requires a conscious and well-informed decision — Appeals allowed, order of Central Government rejecting VRS set aside, and matter remitted for fresh consideration. Environment Law — Illegal Sand Mining — Supreme Court’s directions for States to file compliance affidavits — Court expresses displeasure at Rajasthan’s lacklustre response and apathy in implementing directions affecting National Chambal Sanctuary — Rajasthan directed to ensure personal presence of senior officers with compliance reports — Court also directs Madhya Pradesh to address issue of unregistered vehicles. Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, 1991 — Temporary status casual labourer — Entitlement to pensionary benefits — Held, entitled even in the absence of formal regularisation, provided eligibility criteria under Rule 10(1-B) of CCS (Temporary Service) Rules, 1965, are fulfilled. Hindu Succession Act, 1956 — Sections 8, 10, 19 — Property of a male Hindu dying intestate — Devolution of property — Heirs taking property as tenants-in-common and not joint tenants — Each heir having a definite and separate share — No presumption of coparcenary property.—-Section 8 — Property inherited by a son from his father — Son takes the property in his individual capacity and not as karta of his own Hindu Undivided Family — Descendants of the heir do not acquire rights in such property by birth.

Guardians and Wards Act, 1890 – Section 9 – Guardianship and custody – Jurisdiction – Court where the child ‘ordinarily resides’ would have jurisdiction to decide the issues of guardianship and custody.As a consequence, the courts in Delhi would have no jurisdiction to entertain the Petition u/S. 9 of the Guardians and Wards Act, 1890.

SUPREME COURT OF INDIA DIVISION BENCH JASMEET KAUR — Appellant Vs. STATE (NCT OF DELHI) AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Indu Malhotra, JJ. )…

Service Matters

Penal Code, 1860 (IPC) – Sections 467, 468, 471, 474, 420, 406 and 120B – Uttar Pradesh Fundamental Rules – Rule 56(C) – Compulsory retirement-A person discharging judicial duties acts on behalf of the State in discharge of its sovereign functions – Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter – Standards of probity, conduct, integrity that may be relevant for discharge of duties by a careerist in another job cannot be the same for a judicial officer. HELD But a conduct which creates a perception beyond the ordinary cannot be countenanced

SUPREME COURT OF INDIA DIVISION BENCH RAM MURTI YADAV — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. )…

Penal Code, 1860 (IPC) – Sections 302 and 323 – Murder – Acquittal – It appears from the records that the respondent as under trial had undergone 2 years 8 months 11 days of custody and after his conviction on 24.01.1995 by the Sessions Judge he remained in custody till 18.11.2006 completing 11 years 9 months 26 days. Thus, he has undergone total custody of 14 years 6 months 7 days – Not consider the present a fit case to interfere – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. AMARLAL — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. ) Criminal Appeal No. 251…

Criminal Procedure Code, 1973 (CrPC) – Sections 173, 319, 482 – Penal Code, 1860 (IPC) – Section 306 – Evidence Act, 1872 – Sections 103 and 114 – Abetment of suicide – Summoning Order – Section 319 empowers the court to proceed against a person appearing to be guilty of an offence where, in the course of any enquiry into or trial of, an offence, it appears from the evidence that any person, not being the accused, has committed any offence for which such person could be tried together with the accused

SUPREME COURT OF INDIA DIVISION BENCH SAEEDA KHATOON ARSHI — Appellant Vs. STATE OF UP AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Hrishikesh Roy, JJ.…

Penal Code, 1860 (IPC) – Sections 147, 148, 149, 302 and 452 – Criminal Procedure Code, 1973 (CrPC) – Sections 157 and 173(2) – Murder – Appeal against conviction and Sentence – Medical evidence fully supports the ocular evidence and there is virtually no contradiction – Version of the two eye witnesses with regard to the injuries caused by the fire arms and sharp edged weapons, find corroboration from the medical report- Appeal dismissed Dt 11.12.2019

SUPREME COURT OF INDIA DIVISION BENCH RAMJI SINGH AND OTHERS — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : Mohan M. Shantanagoudar and Deepak Gupta, JJ.…

Second Master Plan for Chennai Metropolitan Area, 2026 – Regulation 36 – Premium FSI Charges – Division Bench did not keep in view the well settled principle that no right accrued to the applicant-builder by mere filing of application for approval and the right accrues only after approval is granted by the Government/concerned authorities

SUPREME COURT OF INDIA THREE JUDGES BENCH CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY — Appellant Vs. D. RAJAN DEV AND OTHERS — Respondent ( Before : R.…

State Legislature Cannot Enact Law Which Affects Jurisdiction Of Supreme Court: SC Constitution Bench HELD “Presidential assent cannot and does not validate an enactment in excess of the legislative powers of the State Legislature, nor validate a statutory provision, which would render express provisions of the Constitution otiose.”

State Legislature Cannot Enact Law Which Affects Jurisdiction Of Supreme Court: SC Constitution Bench [Read Judgment] BY: ASHOK KINI10 Dec 2019 6:21 PM “Presidential assent cannot and does not validate…

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