Land Acquisition – Lapse of Proceedings – High Court's order declaring the lapse of acquisition proceedings under Section 24(2) of the 2013 Act due to non-tendering of compensation to original writ petitioner – Supreme Court holds that the High Court erred – Appeal allowed [Paras 1-3].
Subsequent Purchaser – Locus Standi – High Court erred in ho...
Service Law – Appointment Denial – Candidate denied appointment on the sole ground of being tried for an offence under Section 498A IPC despite acquittal – High Court erred in denying appointment – Appeal allowed [Paras 1-9].
Acquittal and Employment – Previous trial under Section 498A IPC resulted in acquittal due to settlement – No suppression of ...
Land Acquisition – Lapse of Proceedings – High Court relied on Pune Municipal Corporation decision to declare land acquisition lapsed due to non-tendering of compensation – Supreme Court held reliance unsustainable as Pune Municipal Corporation overruled by Indore Development Authority – Possession of land taken in 2012 and compensation deposited due to apportionment disput...
Civil Procedure – Indigent Person Application – Trial Court and High Court rejected the application to sue as indigent persons, citing lack of cause of action and res judicata – Supreme Court upheld rejection under Order 33 Rule 1 CPC but granted appellants time to pay requisite court fees to proceed with the suit – Observations on res judicata and cause of action limited t...
Civil Procedure – Impleadment Post-Decree – Application under Order 1 Rule 10 CPC filed after suit was decided – Application dismissed – Held that Order 1 Rule 10 CPC allows impleadment of parties only during pendency of proceedings – Post-decreeimpleadment not permissible – Remedy lies in filing an appeal as an aggrieved party with leave of appellate court. [Pa...
Criminal Law - Dacoity - Requirement of Five or More Persons - Appeals against convictions under Sections 395 and 397 IPC - Accused convicted for dacoity by trial court despite being less than five persons - Held, conviction for dacoity requires five or more persons as per Section 391 IPC - Conviction of less than five persons for dacoity erroneous - Convictions set aside. [Paras 11, 13, 17]
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Motor Vehicles Act - Quantum of Compensation - Enhancement - Appeal challenging the awarded compensation for death of a minor child - Held, notional income of deceased child taken as Rs. 30,000/- per annum with a multiplier of 16 as per Sarla Verma case - Compensation for loss of dependency fixed at Rs. 4,80,000/- - Additional Rs. 44,000/- each awarded to parents for loss of consortium - Enhanced ...
Service Law - Dismissal from Service - Requirement of Regular Inquiry – Held, the punishment of dismissal from service can be inflicted for good and sufficient reasons only after a regular inquiry in terms of Rule 8 of the Punjab Civil Services (Punishment & Appeal) Rules, 1970 has been held. The petitioner had not concealed his qualifications at the time of initial engagement or subsequ...
Taxation – Rebate of Duty – Limitation Period – Appellant filed claims for rebate of duty paid on exported goods beyond the period prescribed under Section 11B of the Central Excise Act – Supreme Court held that the limitation period of one year under Section 11B is applicable to rebate claims under Rule 18 of the Central Excise Rules – The parent statute’s prov...
Environmental Law – Felling of Trees – Aarey Forest – Permission sought for the felling of trees in Aarey Forest for the construction of a metro car depot – The Supreme Court permitted Mumbai Metro Rail Corporation Limited (MMRCL) to apply to the Tree Authority for felling 84 trees needed for the shunting segment of the car depot project – Court emphasized the need fo...