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Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — Section 3(b) — Exclusion of employees appointed on academic arrangement basis from regularization — Classification held unconstitutional — Section 3(b) lacks intelligible differentia and rational nexus to the object of the Act — Denial of regularization solely based on nomenclature is impermissible under Article 14 of the Constitution where duties, tenure, and conditions of service are similar to ad hoc or contractual appointees. Adverse Possession — Claiming title by adverse possession against the State/Union Government is not permissible, irrespective of the duration of possession — Such perfection of rights is not recognized against the government. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court quashed proceedings against sister-in-law on ground of general and omnibus allegations, but declined relief to father-in-law and mother-in-law (appellants) — Allegations against appellants were similarly general and omnibus, with no specific role or overt act attributed to them — Delay in lodging FIR, coupled with lack of specific allegations, suggested possibility of FIR being a counter-blast to divorce petition filed by husband — High Court erred in applying different standards to similarly situated accused — Proceedings against appellants quashed. Companies Act, 2013 — Section 66 — Reduction of Share Capital — Procedural Fairness — Minority Shareholders — Valuation of Shares — Non-disclosure of valuation report and fairness report in notice for general meeting — Held, not a “tricky notice” as statutory requirement for valuation report not mandated under Section 66 — Valuation by a related agency — Held, not a conflict of interest where internal auditor is independent and valuation agency follows accepted norms — Discount for Lack of Marketability (DLOM) — Held, applicable to illiquid shares, especially in absence of oppression — Share price fixation — Held reasonable based on market value of subsidiary, past offers, and rights issue. Specific Performance of Agreement to Sell — Trial Court decreed suit for specific performance of sale agreement — High Court set aside Trial Court’s decree — Held, Memorandum of Understanding (MoU) executed on the same day as sale agreement established that sale agreement was sham and nominal, executed as security for loan — Plaintiff’s failure to disclose MoU in plaint indicated withholding of material facts and lack of bonafides — Equitable relief of specific performance denied — Appeal dismissed.
Service

Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — Section 3(b) — Exclusion of employees appointed on academic arrangement basis from regularization — Classification held unconstitutional — Section 3(b) lacks intelligible differentia and rational nexus to the object of the Act — Denial of regularization solely based on nomenclature is impermissible under Article 14 of the Constitution where duties, tenure, and conditions of service are similar to ad hoc or contractual appointees.

Mar 15, 2026 sclaw
Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — Section 3(b) — Exclusion of employees appointed on academic arrangement basis from regularization — Classification held unconstitutional — Section 3(b) lacks intelligible differentia and rational nexus to the object of the Act — Denial of regularization solely based on nomenclature is impermissible under Article 14 of the Constitution where duties, tenure, and conditions of service are similar to ad hoc or contractual appointees.
Service
Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — Section 3(b) — Exclusion of employees appointed on academic arrangement basis from regularization — Classification held unconstitutional — Section 3(b) lacks intelligible differentia and rational nexus to the object of the Act — Denial of regularization solely based on nomenclature is impermissible under Article 14 of the Constitution where duties, tenure, and conditions of service are similar to ad hoc or contractual appointees.
Adverse Possession — Claiming title by adverse possession against the State/Union Government is not permissible, irrespective of the duration of possession — Such perfection of rights is not recognized against the government.
C P C
Adverse Possession — Claiming title by adverse possession against the State/Union Government is not permissible, irrespective of the duration of possession — Such perfection of rights is not recognized against the government.
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court quashed proceedings against sister-in-law on ground of general and omnibus allegations, but declined relief to father-in-law and mother-in-law (appellants) — Allegations against appellants were similarly general and omnibus, with no specific role or overt act attributed to them — Delay in lodging FIR, coupled with lack of specific allegations, suggested possibility of FIR being a counter-blast to divorce petition filed by husband — High Court erred in applying different standards to similarly situated accused — Proceedings against appellants quashed.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court quashed proceedings against sister-in-law on ground of general and omnibus allegations, but declined relief to father-in-law and mother-in-law (appellants) — Allegations against appellants were similarly general and omnibus, with no specific role or overt act attributed to them — Delay in lodging FIR, coupled with lack of specific allegations, suggested possibility of FIR being a counter-blast to divorce petition filed by husband — High Court erred in applying different standards to similarly situated accused — Proceedings against appellants quashed.
Companies Act, 2013 — Section 66 — Reduction of Share Capital — Procedural Fairness — Minority Shareholders — Valuation of Shares — Non-disclosure of valuation report and fairness report in notice for general meeting — Held, not a “tricky notice” as statutory requirement for valuation report not mandated under Section 66 — Valuation by a related agency — Held, not a conflict of interest where internal auditor is independent and valuation agency follows accepted norms — Discount for Lack of Marketability (DLOM) — Held, applicable to illiquid shares, especially in absence of oppression — Share price fixation — Held reasonable based on market value of subsidiary, past offers, and rights issue.
Companies Act Corporate
Companies Act, 2013 — Section 66 — Reduction of Share Capital — Procedural Fairness — Minority Shareholders — Valuation of Shares — Non-disclosure of valuation report and fairness report in notice for general meeting — Held, not a “tricky notice” as statutory requirement for valuation report not mandated under Section 66 — Valuation by a related agency — Held, not a conflict of interest where internal auditor is independent and valuation agency follows accepted norms — Discount for Lack of Marketability (DLOM) — Held, applicable to illiquid shares, especially in absence of oppression — Share price fixation — Held reasonable based on market value of subsidiary, past offers, and rights issue.
Cheque Dishonour

Negotiable Instruments Act, 1881 (NI) – Sections 138, 143A and 148 – Criminal Procedure Code, 1973 (CrPC) – Sections 357(2) and 389 – Dishonour of cheque – Suspension of Sentence – Direction to deposit 25% of the amount of compensation – Appeal against same – Section 148 of the N.I. Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for the offence under Section 138 of the N.I. Act, even in a case where the criminal complaints for the offence under Section 138 of the N.I. Act were filed prior to amendment Act No. 20/2018 i.e., prior to 01.09.2018.

May 31, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  SURINDER SINGH DESWAL @ COL. S.S.DESWAL AND OTHERS — Appellant  Vs.  VIRENDER GANDHI — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ.…

Cr P C

Brother In Law Can Be Ordered To Pay INTERIM Maintenance To Widow Under Domestic Violence Act HELD–Ultimately, whether the requirements of Section 2(f); Section 2(q); and Section 2(s) are fulfilled is a matter of evidence which will be adjudicated upon at the trial. At this stage, for the purpose of an interim order for maintenance, there was material which justifies the issuance of a direction in regard to the payment of maintenance.

May 26, 2019 sclaw

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 617 OF 2019 (@SLP(Crl.) No(s). 652 of 2019) AJAY KUMAR                                     Appellant(s) VERSUS LATA @ SHARUTI & ORS.                         …

Cheque Dishonour

Dishonour of Cheque—Friendly Loan—When financial capacity of complainant to lend the amount is being questioned, it was necessary for the complainant to have explained his financial capacity—Complainant failed to prove his financial capacity to lend--A ccused acquitted.

Dishonour of Cheque—Rebuttable Presumption–Onus is on the accused to raise the probable defence—The standard of proof for rebutting the presumption is that of preponderance of probabilities.

Dishonour of Cheque—Rebuttable Presumption—Inference of preponderance of probabilities can be drawn not only from the materials brought on record by the parties but also by reference to the circumstances upon which they rely

May 25, 2019 sclaw

2019(2) Law Herald (SC) 1113 : 2019 LawHerald.Org 826 IN THE SUPREME COURT OF INDIA Before HonTjle Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Criminal Appeal No. 636…

I P C

Rape—False promise to marry—If it is established and proved that from very beginning the accused who gave the promise to the prosecutrix to marry, did not have any intention to marry and the prosecutrix gave the consent for sexual intercourse on such an assurance by the accused that he would marry her; such a consent by the prosecutrix would not be an excuse for the offender Rape—False promise to marry—Merely because the accused had married with another lady and/or even the prosecutrix has subsequently married, is no ground not to convict the accused

May 19, 2019 sclaw

2019(2) Law Herald (SC) 1097 : 2019 LawHerald.Org 825 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M. R. Shah Criminal Appeal…

Consumer

COMPENSATION TO BE AWARDED – CONSUMER FORA — The amount of the interest is the compensation to the beneficiary deprived of the use of the investment made by the complainant – Therefore, such interest will take into its ambit, the consequences of delay in not handing over his possession – In fact, that the learned SCDRC as well as NCDRC has awarded compensation under different heads on account of singular default of not handing over possession – Such award under various heads in respect of the same default is not sustainable.

May 18, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DLF HOMES PANCHKULA PVT. LTD. — Appellant Vs. D.S. DHANDA, ETC. ETC. — Respondent ( Before : D.Y. Chandrachud and Hemant Gupta, JJ. )…

Consumer

The Commission does have the jurisdiction to dismiss the complaint in limine and decline its admission without notice to the opposite party. However, such jurisdiction to dismiss the complaint in limine has to be exercised by the Commission having regard to facts of each case, i.e., in appropriate case.

May 12, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S ANJANEYA JEWELLERY — Appellant Vs. NEW INDIA ASSURANCE CO.LTD. AND OTHERS — Respondent ( Before : Abhay Manohar Sapre and Dinesh Maheshwari, JJ.…

Service Matters
Service

Service Law-Arrears of Pay—Date of first appointment-Delay & Latches-­Appellant was appointed on contract basis against a reserved post due to non-availability of candidate–As per orders advertisement was issued continuously for 5 years but no candidate from reserved category was found—Appellant gave representations for de-reserving the post as per office orders

May 12, 2019 sclaw

2019(2) Law Herald (SC) 1054 : 2019 LawHerald.Org 820 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M. R. Shah Civil Appeal…

You missed

Service

Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — Section 3(b) — Exclusion of employees appointed on academic arrangement basis from regularization — Classification held unconstitutional — Section 3(b) lacks intelligible differentia and rational nexus to the object of the Act — Denial of regularization solely based on nomenclature is impermissible under Article 14 of the Constitution where duties, tenure, and conditions of service are similar to ad hoc or contractual appointees.

Mar 15, 2026 sclaw
C P C

Adverse Possession — Claiming title by adverse possession against the State/Union Government is not permissible, irrespective of the duration of possession — Such perfection of rights is not recognized against the government.

Mar 15, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court quashed proceedings against sister-in-law on ground of general and omnibus allegations, but declined relief to father-in-law and mother-in-law (appellants) — Allegations against appellants were similarly general and omnibus, with no specific role or overt act attributed to them — Delay in lodging FIR, coupled with lack of specific allegations, suggested possibility of FIR being a counter-blast to divorce petition filed by husband — High Court erred in applying different standards to similarly situated accused — Proceedings against appellants quashed.

Mar 15, 2026 sclaw
Companies Act Corporate

Companies Act, 2013 — Section 66 — Reduction of Share Capital — Procedural Fairness — Minority Shareholders — Valuation of Shares — Non-disclosure of valuation report and fairness report in notice for general meeting — Held, not a “tricky notice” as statutory requirement for valuation report not mandated under Section 66 — Valuation by a related agency — Held, not a conflict of interest where internal auditor is independent and valuation agency follows accepted norms — Discount for Lack of Marketability (DLOM) — Held, applicable to illiquid shares, especially in absence of oppression — Share price fixation — Held reasonable based on market value of subsidiary, past offers, and rights issue.

Mar 15, 2026 sclaw