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Consumer Protection Act, 1986 — Section 25 — Enforcement of orders — Pre-2002 amendment and post-2019 Act, all orders could be enforced as decrees. The period between 15.03.2003 to 20.07.2020 saw an anomaly where only interim orders (and monetary recovery) were clearly enforceable under Section 25, leaving final non-monetary orders in a gap. Interpretation of Statutes — Casus omissus — Court can fill gaps in legislation using interpretative tools like purposive construction when literal interpretation leads to absurdity or defeats the object of the Act, especially for remedial legislation like the Consumer Act. Constitution of India, 1950 — Article 14, 39(d) and 43 — Equal pay for equal work — Contractual Assistant Professors performing identical duties as regularly appointed or ad-hoc Assistant Professors are entitled to the minimum pay scale of Assistant Professors. Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Chapter I-A — Slum Rehabilitation Schemes — Preferential right of landowner to redevelop — Section 3B(4)(e) and Section 13(1) confer a preferential right on the landowner to redevelop a Slum Rehabilitation Area (SR Area) — SRA can undertake redevelopment only if the landowner fails to come forward with a scheme within a reasonable time Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Sections 3C, 13, 14 — Waiver of preferential right — Waiver of landowner’s preferential right to redevelop requires clear and overt communication by the owner of intention not to exercise the right — Mere inaction or delay, particularly when the owner has consistently shown intent to redevelop, does not constitute waiver, especially if no invitation for redevelopment was issued. Criminal Procedure — Institution of FIR — Quashing of FIR — Abuse of process of law — High Court quashed FIR based only on Section 17A of the PC Act, 1988, without considering other grounds raised by the accused — Supreme Court finds this approach incomplete and remands the matter for reconsideration of all grounds, emphasizing that procedural lapses like failure to obtain prior approval, if applicable, can render an FIR void ab initio.

Bail—Economic Offence—Latest status report of further investigation does not indicate specific issues presently being pursued to impellingly justify detention—Bail granted. Bail—Grant of—Seriousness of the charge, is not the only test or the factor to grant or deny such privilege; is regulated to a large extent by the facts and circumstances of each particular case.

2017(1) Law Herald (SC) 285 : 2017 LawHerald.Org 581 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arun Mishra The Hon’ble Mi. Justice Amitava Roy Criminal Appeal…

Freedom Fighters Pension Scheme, 1972–Samman Pension-Eligibility-Swatantrata Sainik Samman Pension Scheme, 1980 is a document based Scheme and the documents required for eligibility for Samman Pension as mentioned in the Scheme are to be produced by the applicant in support of his claimed suffering, duly verified and recommended by the concerned State Government

2017(1) Law Herald (SC) 280 : 2017 LawHerald.Org 579 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mrs. Justice R. Banumathi Civil Appeal…

Indian Penal Code, 1860, S.302 & S.34–Murder–Common Object-Mere fact that the accused persons were armed would not be sufficient to prove the common object-In the instant case, however, there is a clear finding about the common object and calculated/concerted action in furtherance of the said object-­ Conviction upheld.

2017(1) Law Herald (SC) 275 : 2017 LawHerald.Org 556 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice R.K. Agrawal Criminal Appeal…

Narcotic Drugs and Psychotropic Substances Act, 1985, S.50–Personal Search- -Contraband recovered from inside the car in which accused and co-accused were traveling and not in course of the search of their person—Therefore, S.50 had no application and hence its non-compliance is not adverse to accused

2017(1) Law Herald (SC) 262 : 2016 LawHerald.Org 2490 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Amitava Roy Criminal Appeal…

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