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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.

Dishonour of Cheque—Rebuttable Presumption—Standard of proof to be adopted is preponderance of probabilities. Dishonour of Cheque—Advancement of Loan—Complainant failed to establish the source of funds which is alleged to have utilized for the disbursal of loan to the appellant—Accused acquitted.

2019(1) Law Herald (SC) 751 : 2019 LawHerald.Org 709 (2019) 2 SCALE 548 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice…

Accident—Claim Petition—Standard of proof to be followed is preponderance of probability and not the strict standard of proof beyond all reasonable doubts Accident—Claim Petition—Testimony of eyewitness cannot be held as unreliable merely because his name was not mentioned in list of witnesses in the criminal proceedings.

2019(1) Law Herald (SC) 693 : (2019) 3 SCALE 393 2019 LawHerald.Org 702 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Ajay Rastogi…

Hindu Marriage Act, 1955 – Section 13(1)(ia)(iii) – Custody of child.–This Court also interacted with the boy and the boy expressed his desire to continue his studies only in Shahjanpur school. When the boy is not inclined to study in Col. Satsangi’s Kiran Memorial Public School, New Delhi, and stay in the Boarding House. In the interest of the welfare of the child, he cannot be compelled to admit in Col. Satsangi’s Kiran Memorial Public School, New Delhi, attached with the Boarding House.

SUPREME COURT OF INDIA DIVISION BENCH NUTAN GAUTAM — Appellant Vs. @ PRAKASH GAUTAM — Respondent ( Before : R. Banumathi and R. Subhash Reddy, JJ. ) Civil Appeal No.…

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