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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.
C P C

Civil Procedure Code, 1908, O.21 R.66–Auction Sale—Setting aside of- -Inadequate Publicity—Authorities committed error in not giving adequate publicity in leading newspaper keeping in view, the value and the potentiality of the land—Directions issued to re-auction the land in question by giving wide publicity in various leading national newspapers having circulation all over India

Jan 6, 2019 sclaw

2018(4) Law Herald (SC) 3338 : 2018 LawHerald.Org 1939 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Indu Malhotra Civil Appeal No.…

Matrimonial

Hindu Marriage Act, 1955, S.15–Nullity of Marriage-Second Marriage– During pendency of appeal against divorce decree of first marriage-The restriction placed on a second marriage in Section 15 of the Act till the dismissal of an appeal would not apply to a case where parties have settled and decided not to pursue the appeal

Jan 6, 2019 sclaw

2018(4) Law Herald (SC) 3318 : 2018 LawHerald.org 1798 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Civil Appeal No.…

Labour Cases

Service Law–Wages–Any isolated one time ex-gratia payment made by way of an interim relief cannot be regarded as wages or its component—If such amount had been paid regularly by the employer to the employee in compliance with his terms of employment, it would have been regarded as wages or its component—Industrial Disputes Act, 1947,

Jan 6, 2019 sclaw

2018(4) Law Herald (SC) 3381 : 2018 LawHerald.Org 1944 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.3168…

Matrimonial

Hindu Marriage Act, 1955, S.13-B—Divorce—By Mutual Consent-­Once both the parties have consciously obtained a decree of divorce by mutually agreed terms and moved ahead in life, later they cannot be allowed to claim that divorce decree is null and void and not binding on them.

Jan 6, 2019 sclaw

2018(4) Law Herald (SC) 3307 : 2018 LawHerald.org 1795 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Sanjay Kishan Kaul Civil Appeal No.…

Will & Succession

Will—To challenge the genuineness of the Will inter alia indicates challenge to the genuineness of the signature of testator. Expert Evidence—If the scientific investigation of the document in question facilitates the ascertaining of truth, it can be done even after closure of the evidence from both sides.

Jan 6, 2019 sclaw

2018(4) Law Herald (SC) 3304 : 2018 LawHerald.org 1794 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal Nos. 10684-10685…

Acquittal

Common Intention –Unless a common intention is established as a matter of necessary inference from the proven circumstances, the accused person will be liable for their individual acts and not for the act done by any other person.Appeal against conviction–Appellant acquitted by trial Court–High Court convicted the appellant–Held, if two reasonable views are possible on the basis of the evidence on record and one favourable to the accused has been taken by the trial court, it ought not to be disturbed by appellate Court–

Jan 5, 2019 sclaw

2009(1) LAW HERALD (SC) 175 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Lokeshwar Singh Panta The Hon’ble Mr. Justice B. Sudershan Reddy Criminal Appeal No. 1657…

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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