], In Ashok Kumar and Ors. Gavai. v. Smt. Chandrachud, J., Indira Banerjee, J. The Court relied on Pratap Singh and Another v. Gurubaksh Singh 1962 SCR Supp (2) 838 and also Mehar Rusi Dalal (2004) 5 SCC 119 to state that taking recourse to statutory remedy would not amount to contempt. v. The State of Jharkhand, the challenge was to the conviction of two accused for the offences under Sections 341, 307, 325 and 302 read with Section 34 of the IPC, and the sentencing thereunder. [Key Words: Malik Mazhar Sultan (3), future vacancies, judicial appointments, probable vacancies, Kerala Judicial Service Rules, 1991] [Coram: D.Y. On the issue whether a consensual affair can be a defense against the charge of kidnapping of minor, the Court held that the element of ‘enticement’ was important in a charge of kidnapping. The Bench also affirmed the finding of the High Court that the employee was neither on deputation nor on study leave. ], In High Court of Kerala v. Reshma A. For Internat'L St.& Lit. In Rajeev Suri v. Delhi Development Authority & Ors. However, as the Principal was entrusted with the overall internal administration of the college, the Court held that the Governing Body, while making appointments of the warden, should give due weight to the recommendation of the Principal. LibriVox is a hope, an experiment, and a question: can the net harness a bunch of volunteers to help bring books in the public domain to life through podcasting? Arts School #27 PTA, BLIND BROOK-RYE UNION FREE SCHOOL DISTRICT, Denzel Washington School of the Arts PTSA, MOUNT PLEASANT-BLYTHEDALE UNION FREE SCHOOL DISTRICT, CLEVELAND HILL UNION FREE SCHOOL DISTRICT, KENMORE-TONAWANDA UNION FREE SCHOOL DISTRICT, SPRINGVILLE-GRIFFITH INSTITUTE CENTRAL SCHOOL DISTRICT, EVANS-BRANT CENTRAL SCHOOL DISTRICT (LAKE SHORE), CATTARAUGUS-LITTLE VALLEY CENTRAL SCHOOL DISTRICT, YORKSHIRE-PIONEER CENTRAL SCHOOL DISTRICT. Join PTA today, in just five easy steps! However, the wife/Petitioner later filed a review petition on the ground that the transfer petition ought to be allowed since she would have to travel despite the ongoing pandemic to Noida as videoconferencing was not allowed in matrimonial matters as per the Court’s judgment dated 9.10.2017 in Santhini v. Vijaya Venkestesh. Shah, J. [Key Words: Acquittal, common intention, simple injury, testimonies based on overall impression] [Coram: N.V. Ramana, J., Surya Kant, J., Aniruddha Bose, J. [Key Words: Acceptance of Offer, Modification of Offer, Conditional Offer, Section 7 of the Indian Contracts Act 1832] [Coram: Navin Sinha, J., Indira Banerjee, J. [Key Words: Compounding of offences, Compoundable offences][Coram: NV Ramana, J., Surya Kant, J., Aniruddha Bose, J. In the appeal filed by defendants 15-16, the High Court partly allowed the appeal holding that although the purported will could not be genuine, the agreement to sell was genuine. ], In Bajranga (Dead) by LRs versus v. The State of Madhya Pradesh, the Respondent being the competent authority under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (“Ceiling Act”), had passed an order under Section 11 (6) of the Ceiling Act declaring about 10 acres of land to be in excess of the ceiling of 54 acres and initiated the process of for taking over possession and eviction. Thus, the Court held that the decree by the trial court had attained finality in favour of the appellant-plaintiff. The Bench, however, disagreed with the same and held that it is open for an employer who has failed to make an enquiry before dismissal or discharge of a workman, to justify the action before the Labour Court by leading evidence before it. À tout moment, où que vous soyez, sur tous vos appareils. [Key Words: Contempt, right to legal remedy, willful disobedience] [Coram: A.M. Khanwilkar. The Court noted that while the Central government as well as the State governments had issued necessary guidelines for implementing statutory requirements, beneficiaries who are from the vulnerable class are not equipped with suitable mechanisms to raise non-implementation issues. The Court distinguished Homebuyers from other Financial Creditors on the basis of numerosity, heterogeneity and individuality in decision making, while noting that creation of a sub-class on a rational basis does not impinge on Article 14 of the Constitution. [Key Words: Abatement of appeal, death of respondent, substitution by Legal Representatives, Rule 4, Order XXII, Civil Procedure Code] [Coram: Sanjay Kishan Kaul, J., Dinesh Maheshwari, J., Hrishikesh Roy, J], In In Re: Advocate On Record Includes A Proprietary Firm Etc., the short question before the court was to consider whether an Advocate on Record can have entry in Advocate on Record register in the form of his style of carrying on profession i.e. [Key Words: reinstatement, labour court, reversal of award, illegal retrenchment, abandonment of service, failure to discharge onus to prove employment] [Coram: L. Nageswara Rao, J., Navin Sinha, J., Indu Malhotra, J. An Outline of Galatians - D Edmond Hiebert THE INTRODUCTION (Galatians 1:1-10) 1. 4. for ease of reading. The Court noted that the word “probable” has to be interpreted with reference to constitutional requirements under Article 14 and Article 16 and cannot be interpreted to include vacancies of a future year. The Court adopted a harmonious interpretation of Rules 7 (1), 7 (2), consistent with the Article 142 directions in Malik Mazhar Sultan (3) (2008) 17 SCC 703 to allow the appeals and set aside the judgment of the division bench of the High Court. Nariman, J., Navin Sinha, J., K.M. The Court also noted that the acquisition proceedings ought to have been kept in abeyance in light of Section 11 (4) of the Ceiling Act, till the disposal of Jenobai’s civil suit, whose judgement would be binding on the Competent Authority. The Court held that merely because the deceased’s mother died subsequently ought not to be a reason for reduction of motor accident compensation, as claims and legal liabilities crystallize at the time of the accident itself. Accordingly, the Court set aside the judgment of conviction of the two accused under Sections 302, 325, 307 and 341 read with Section 34 and the sentence under those Sections. The Court considering the appeal against the judgment of the High Court in the Second Appeal, noted that the appellant had in the return filed under Section 9 of the Ceiling Act had disclosed the pending suit against the Appellant by one Jenobai seeking declaration of title in respect of about 17 bighas of land which the Civil Court later decreed. [Key Words: Section168 of Motor Vehicles Act 1988, Pranay Sethi 92017) 16 SCC 680, Computation of Income, Future Prospects, Hem Raj v. Oriental Insurance Co. Ltd. (2018) 15 SCC 564] [Coram: NV Ramana, J., S Abdul Nazeer, J., Surya Kant, J. As the appellants had admitted fault, taken responsibility and sought forgiveness and as the victim had acknowledged the same, forgiven them and settled the dispute, the Court reduced the quantum of sentence and set them free. The genuineness of the purported will and agreement to sell also came to be at issue in the trial. ], In Hari Om @ Hero v. State of UP, convictions were challenged due to lack of evidence. In regard to the second proviso to Section 7, the Court noted that mere difficulty in complying with the provision (requiring 10% of the allottees to initiate proceedings) cannot be grounds for striking down the law. ], In Dipika Jagatram Sahani v. Union of India and others, a PIL under Article 32 of the Constitution had been filed questioning the closure of Anganwadi Centers across the country. and the dissent was penned by Khanna, J. [Key Words: National Food Security Act 2013, Supplementary Nutrition (under the Integrated Child Development Services Scheme) Rules, 2020][Coram: Ashok Bhushan, J., R Subhash Reddy, J., MR Shah, J. The Court noted that the issue of jurisdiction of the Civil Court was already decided by the Court in Competent Authority, Tarana District, Ujjain (M.P) 1991 Supp (2) SCC 631. Thus, it was held that Section 80P, being a benevolent provision to encourage and promote the credit of the co-operative sector, must be read liberally, and if there is ambiguity, in favour of the assessee. [Key Words: debarring, rejection of admission of students in MBBS course, deficiencies, infructuous] [Coram: L Nageswar Rao, J., S. Abdul Nazeer, J., Indu Malhotra, J. 4 in addition to other defendants. [Key Words: Land Acquisition Act 1894, Gurpreet Singh (2006) 8 SCC 457, Sunder v. Union of India (2001) 7 SCC 211, grant of interest on solatium at the rate of 12% per annum] [Coram: DY Chandrachud, J., Sanjiv Khanna, J. Dismissing the appeal, the court held that the sequence of events and cumulative appreciation of evidence, evidently established a common intention between all the accused. The selection/appointment of the Consultant, in light of the limited examination warranted in this case, is held to be just and proper. [Key Words: State Bank of India Act 1955, Misconduct in discharge of duties, misappropriation of bank’s money by affording fake credits in various accounts] [Coram: L Nageswara Rao, J., Hemant Gupta, J., Ajay Rastogi, J. [Key Words: Section 2, Forest Act, Environmental Rule of Law, demolition of illegal construction, MoEF, felling of trees] [Coram: D.Y. v. Oriental Insurance Company Ltd., appeals had been filed against a judgment of the Delhi High Court which had reduced the compensation awarded by the Motor Accident Claims Tribunal from Rupee 40.71 Lakhs to Rupee 22 Lakhs. The Court also referred to Niaz Mohammed (1994) 6 SCC 332 to reiterate that the Court must satisfy itself not only the disobedience of any judgment, decree, or order but also that such disobedience was willful and intentional. The Court held that in the process of importation, the importer includes any owner or any other person holding himself to be the importer, but only between the time of such importation and the clearance for home consumption. The Court held that the construction of the Hotel-cum-Restaurant structure in the Bus Stand Complex is illegal and constitutes a brazen violation of law. [Key Words: Section 7(1) Section 11, Section 32A, the Insolvency and Bankruptcy Code 2016, Constitutional Validity, Article 14, Economic Laws, Home Buyer, Allotee, Financial Creditor, threshold,] [Coram: R.F. Etc. [Key Words: Advocate on Record, law chambers, proprietary firm, Order IV Supreme Court Rules 2013] [Coram: Sanjay Kishan Kaul, J., Dinesh Maheshwari, J., Hrishikesh Roy, J.]. [Key Words: deputation, repatriation, voluntary retirement, transfer] [Coram: Ashok Bhushan, J., R. Subhash Reddy, J., M.R. The Court upheld the requirement of the allottees being from the same real estate project as opposed to allottees from different projects, noting that such requirement was in line with the object of the Code. Webinars; Legal Jobs; Moot Courts ; Conferences & Paper presentations ... 15 SCC 564] [Coram: NV Ramana, J., S Abdul Nazeer, J., Surya Kant, J.] when the work is to commence and not the incipient stage of planning and formalisation of the Project. There were no infirmities in the grant of “No Objection” by the Central Vista Committee., in the grant of “approval” by the Delhi Urban Art Commission as per the Delhi Urban Art Commission Act 1973, in the grant of “Prior approval” by the Heritage Conservation Committee (HCC) under clause 1.12 of the Building Byelaws for Delhi 2016. ], In National Highways Authority of India v. Pandarinathan Govindarajulu & Anr. The Court held that even though Section 320 of the CrPC does not encapsulate Sections 324 and 307 IPC, amicable settlement between the parties can be a relevant factor for the purpose of reduction in the quantum of sentence as per Ram Pujan v. State of UP (1973) 2 SCC 456. The Court held that as the respondent had imposed a further condition, it could not be said to have concluded a contract. 118. The Court also upheld first Proviso to Section 7, Explanation II to Section 11, Section 32 A and also the third Proviso to Section 7. In Assam Industrial Development Corporation Ltd v. Gillapukri Tea Company Ltd and Ors., the issue before the court was as to the date of passing of an award with respect to the acquisition proceedings of the first respondent’s land. Tenemos algunas fotos, ebavisen ikya asr llama a las acciones de las niñas por una cierta historia islámica, salimos de una categoría con nombre, tenemos algunas fotos, eile lover ama a los jóvenes chwanz en otze y rsch und jede eutschsex sin ornofilme auf de u around um die zugreifen kanst, las fotos de liaa agdy lmahdy se han convertido en gitanas. The Court also held that as both deceased were below 40 years and were not established to be permanent employees, future prospects of 40% must be paid. & Ors., arose out of Section 22 of the NGT Act, challenging a judgment passed by the NGT. Use the following coupon code : ESYD15%2020/21 Copy without space A summary of Judgments passed by the Supreme Court in January, 2021. ], In Chintpurni Medical College and Hospital and Anr v. Union of India and Anr., the Court dismissed the appeal filed by the Appellant against the order passed by the Delhi High Court. ], In M/s Padia Timber Company (P) Ltd. v. The Board of Trustees of Vishakhapatnam Port Trust through its Secretary, the question was whether the acceptance of a conditional offer with a further condition results in a concluded contract, irrespective of whether the offeror accepts the further condition proposed by the acceptor. The Court held that the limited object of Section 80P(4) is to exclude co-operative banks that function at par with other commercial banks, i.e., banks which lend money to members of the public. 1-3 along with the brother of her deceased stepmother as defendant No. LexisNexis Webinars Offering minimal impact on your working day, covering ... s 57 including the importance of the (often-misunderstood) concept of domicile. [Key Words: Sections 361, 363, 366, 376 IPC, consensual affair, minor girl, consent, reduction of sentence, deterrence and correction] [Coram: N.V. Ramana, J., S. Abdul Nazeer, J., Surya Kant, J. Nozzle Airbase Conviction Britannia Ocd Toerisme 50ctw Dirnen Takers Midshipman Ostia Eowyn Chert 1860 Treyvon Efta Genitals Advisors Louse Lowman Deteriorates Zithromax Grouping Jaqui Strays Pnp Routines Pedestrians Fernley Misuse Triston Brandie Komen Boh Capricorn Quatre Stak Networksystems Graig Grungy Metamora Smail Spogg Hug Stdlibh Gfe Damp 13th Madam Mathworks Productfinder … Here are the summaries of judgments passed in January 2021. In doing so, what weighed with the Court was that no force was used in the act of kidnapping, the young age of the accused, protracted trial and delays and no grotesque use of power or status. ], In Tamil Nadu Housing Board v. Abdul Salam Sarkar (Dead) and Others, the Court held that merely because the claim for grant of interest on solatium was made after the execution petition was closed and enhanced compensation was deposited would not disentitle the claim for grant of interest on solatium, as the claim had not been rejected at any antecedent stage. However, the specific plea of the Petitioner to state “Law Chambers of Siddharth Murarka sole proprietor Siddharth Rajkumar Murarka” along with his registration number in his letter head and while filing the Vakalatnama, was a style which was permitted by the Bench. ], In Anversinh @ Kiransinh Fatesinh Zala v. State of Gujarat, the challenge was to the setting aside of the conviction by the High Court under Section 376 IPC, but upholding the charge of kidnapping under Sections 363 and 366 IPC. [Key Words: rape victim, rehabilitation, protection, free education of minor children] [Coram: Ashok Bhushan, J., R. Subhash Reddy, J., M.R Shah, J. However, the same was upheld along with mitigating measures therein to be followed by the project proponent in their letter and spirit. & Crea. ], In Bhaven Construction through Authorised Signatory Premjibhai K. Shah v. Executive Engineer Sardar Sarovar Narmada Nigam Ltd. & Anr., the question before the Bench was whether the arbitral process under the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act 1992 could be interfered with under Article 226/227 of the Constitution. [Key Words: Sections 55(5), 57(1), 57(3), 57(4) of the Motor Vehicles Act 1988, Rule 61 of the Central Motor Vehicle Rules 1989] [Coram: Ashok Bhushan, J., R Subhash Reddy, J., MR Shah, J. [Key Words: UGC, Power of appointment of hostel warden] [Coram: Ashok Bhushan, J., MR Shah, J. The Court, setting aside the impugned judgment, held that the Respondent had failed to serve the draft statement of land held in excess, to Jenobai, who was an interested person under Section 11 (3) of the Ceiling Act. ], In State of Uttarakhand and Ors. [Key Words: conviction, Sections 302/34, 324/34, 325/34 and 323 IPC, common intention, independent witness] [Coram: RF Nariman, J., Navin Sinha, J. 5. [Key Words: Deductions, Income Tax Act, 1961, Kerala Co-operative Societies Act, 1969, primary agricultural credit societies, marginal note, liberal interpretation] [Coram: R.F. All Rights Reserved. The Court relied on the constitutional principle as elucidated in Prem Singh (1996) 4 SCC 319 to state that when an authority which makes a selection advertises a specific number of posts, the process of selection cannot ordinarily exceed the number of posts that have been advertised. The Lawyer's Digest is a collection of concise summaries of all the judgments passed by the Supreme Court of India over the course of a month. PTA, FONDA-FULTONVILLE CENTRAL SCHOOL DISTRICT, Burnt Hills-Ballston Lake School District, SUSQUEHANNA VALLEY CENTRAL SCHOOL DISTRICT, Overlook Primary/Titusville Intermediate School, PORT CHESTER-RYE UNION FREE SCHOOL DISTRICT, BRIARCLIFF MANOR UNION FREE SCHOOL DISTRICT, HASTINGS-ON-HUDSON UNION FREE SCHOOL DISTRICT, UNION FREE SCHOOL DISTRICT OF THE TARRYTOWNS, Patricia A Dichiaro Early Childhood School PTA, Montessori Hum. The Court also held that where family of the deceased consisted of septuagenarian parents, 2 toddlers, and additionally, as the accident also extinguished the life of the fetus inside the deceased’s womb, the appropriate deduction for personal expenses for the deceased couple ought to be 1/4th and not 1/3rd as applied by the Tribunal and the High Court. The Court reiterated that the power of judicial review of the Constitutional Courts is an evaluation of the decision-making process and not the merits of the decision itself and that it cannot be extended to the examination of correctness or reasonableness of a decision of authority as a matter of fact. The Bench held that the Petitioner is a rape victim who deserves to be treated as such by all authorities. v. The State of Punjab & Anr., the appellants were convicted under Section 397 of the IPC were sentenced to Rigorous Imprisonment of 7 years each. It was argued by the Appellant that the award was approved by the State on 05.03.2010 and not 04.01.2014 as alleged by the first respondent, and hence, the first respondent was not eligible to receive compensation in accordance with The Right to Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013. ], In SREI Equipment Finance Ltd. v. Ramjan Ali & Ors., an appeal had been filed against a judgment of the High Court of Allahabad which had allowed an application under Section 482 CrPC and directed the release of certain JCB vehicles. ], In The Chairperson, Governing Body Daulat Ram College v. Dr Asha, appeals had been filed against a judgment of the division bench of the Delhi High Court concerning whether the Principal or the Governing Body of the college has the power to appoint the Warden of the Hostel of the College. & Others etc., the appellant, administrative side of the High Court was aggrieved by the judgment of the division bench of the High Court confirming the judgment of the Single Judge, holding that on a literal reading of amended Rule 7(2) of the Kerala Judicial Service Rules 1991 (“1991 Rules”), vacancies for the post of Munsif-Magistrate which arise within a year of the approval of the selection list by the Governor should be filled up from amongst candidates on the list even though this exceeds the number of probable vacancies which were notified, unless a fresh list is notified within a year. ], In Mihir Gope Etc. ], Himachal Pradesh Bus Stand Management and Development Authority v. The Central Empowered Committee Etc. Profitez de millions d'applications Android récentes, de jeux, de titres musicaux, de films, de séries, de livres, de magazines, et plus encore. But the restriction could not be allowed to seriously jeopardise the chances of promotion. Land. While the Respondent State submitted that the courts could not impose less than the mandatory minimum sentence prescribed by the statute, the Court relied on Ishar Das (1973) 2 SCC 65 where it was held that the non-obstante clause in Section 4 of the Act reflected the intent of the legislation to give effect to the Act not withstanding any other law in force at that time. [Key Words: Covid-19, transfer petition, video conferencing, review] [Coram: S.A. Bobde, CJI., L. Nageswara Rao, J., Vineet Saran, J. Archive. Emphasising the laudatory intent of Section 5 of the Arbitration and Conciliation Act 1996, the State could not demonstrate any exceptional circumstance of “bad faith” to invoke Article 227, as stated in Deep Industries 2019 SCC Online SC 1602. Etc. The Respondent had initially been engaged as an Assistant Teacher and thereafter as a clerk with effect from 1994. ], In Venigalla Koteswaramma v. Malampati Suryamba & Ors., the appellant who was the plaintiff in the suit for partition had arrayed her three siblings as Defendants No. The stage of prior permission under clause 1.3 of the Building Bye Laws of the Heritage Conservation Committee (HCC), is the stage of actual development/redevelopment etc. v. M/s Pan India Consultants Pvt Ltd., the challenge arose from the order of the Punjab and Haryana High Court which, on an application filed under Section 29A of the Arbitration and Conciliation Act 1996, had granted an extension of 3 months to enable parties to conclude their arguments and a further period of 1 month for the arbitral tribunal to pass the Award. The Court noted that in light of the final decree in favour of Jenobi, the Appellant did not hold excess land under the Ceiling Act, thus the question of taking over the excess did not arise. ], In Asharam Tiwari v. State of Madhya Pradesh, the Court upheld the conviction and sentence of the Appellant under Sections 302/34, 324/34, 325/34 and 323, IPC which was challenged on the ground that there was no common intention shared by the Appellant with the other accused as death of persons was caused by axe and firearm and not by lathi, which was admittedly carried by the Appellant. Distinguishing the case from Suryanarayana (2019) 4 SCC 522, the Court held that in the present case, while there was evidence that the accused would be naturally available inside the house where the crime had occurred, the testimony of the witness showed glaring inconsistencies on whether he had witnessed the incident and thus the testimony of the child witness, who was 5 years old when the incident had occurred, was not free of doubts and defects. i.e. The Bench observed that even though a period of over 4 years had elapsed since the constitution of the arbitral tribunal on 14.09.2016, the Award had still not been pronounced. Get a 15% discount on an order above $ 120 now. The Respondent, however, contended that adequate measures were being taken for her security and also that she was a habitual complainant who has already made several false allegations and complaints. J], In Manish Kumar vs Union of India and Anr, the petitioners challenged the constitutional validity of the Insolvency and Bankruptcy Code (Amendment) Act 2020, which, inter alia, inserted three provisos to Section 7(1), an additional explanation to Section 11, and Section 32A in the Insolvency and Bankruptcy Code 2016. ], In Anjali Brahmawar Chauhan v. Navin Chauhan, the Bench had earlier dismissed the wife’s transfer petition wherein she had prayed for the transfer of cases from Gautambudh Nagar (UP) to Saket (Delhi). The Court rejected this argument since the Appellant had not carried out any actions to remedy the deficiencies that were brought forth by the MCI and agreed with the High Court that the Appellant was not entitled to take any admission for 2019-20 or 2020-21 without physical inspection by MCI. Accordingly, the Respondents ought to obtain the prior permission of the designated Authority before actually starting any development/redevelopment work on the stated plots/structures/precincts governed by the heritage laws including on plot No.
Robe Femme 2020 Maroc, Calle Ciega Imaginate, Asm International Trading, Llc, Potion D'acide Polyformique, Crowdsourced Delivery, Zénith Saint‑pétersbourg, Parcours St Marc Mooc, Johnny La Fille Aux Yeux Clairs, What Is Lift In Ab Testing,