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Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor. Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts. Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees. Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21 Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports

Accident—Recovery of Excess amount-Future Prospects—Deceased was aged 42 years—Claimants were entitled to an addition of 25% instead of 30% computed by the Tribunal—They were also entitled to compensation under conventional heads also—However, if the amount withdrawn is higher than total award then no recoveries is to be made

(2018) AAC 637 : (2018) 1 ACC 714 : (2018) AIR(SCW) 712 : (2018) AIR(SC) 712 : (2018) 2 JT 92 : (2018) 1 LawHerald(SC) 269 : (2018) 2 RCR(Civil) 118 : (2018) 1…

Service Matters

Service Law–Appointment–Lecturer–NET qualification is now minimum qualification for appointment of Lecturer and exemption granted to M.Phil, degree holders have been withdrawn and exemption is allowed only to those Ph.D. degree holders who have obtained the Ph.D. degree in accordance with 11.7.2009 regulations-Regulations 2009 of UGC (Minimum Standards and Procedure).

(2018) AIR(SCW) 1148 : (2018) AIR(SC) 1148 : (2018) 1 ESC 94 : (2018) 2 JT 20 : (2018) 1 LawHerald(SC) 236 : (2018) 1 Scale 465 : (2018) 2 SCT 86 : (2018)…

Exparte Decree—Setting aside of—Remand of Case-After setting aside of ex-parte order Trial Court was required to issue fresh notice of the suit despite their non-appearance in first round of trial in suit and in O.9 R. 13 proceedings (as per local amendment in State of Kerala)—No such fresh notice was issued—High Court rightly remanded the case to trial court for fresh trial.

(2018) AIR(SCW) 718 : (2018) AIR(SC) 718 : (2018) 2 ALT 44 : (2018) 1 CTC 685 : (2018) 1 JT 484 : (2018) 1 LAR 189 : (2018) 1 LawHerald(SC) 233 : (2018)…

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