Land Acquisition – Delay in Payment of Compensation – Section 28-A of Land Acquisition Act, 1894 – The appellant's land was acquired for a public purpose in 1977, and despite an award being passed in 1984, compensation of Rs. 5003 was not paid – The appellant sought enhanced compensation under Section 28-A in line with other landowners, but the respondents failed to act...
Criminal Law – Murder Conviction – Acquittal – Appellant convicted for the murder of her two minor children by allegedly throwing them into the river – Trial court sentenced her to life imprisonment – On appeal, High Court finds that the prosecution’s case is based entirely on circumstantial evidence and fails to prove the accused’s guilt beyond reasonable...
Guardianship and Custody – Jurisdiction Based on Minor's Ordinary Residence – Application Returned - The appellant sought custody of her minor daughters, invoking Muslim Personal Law, where the mother has deemed custody of a minor girl until she attains puberty. The Family Court dismissed the petition for lack of jurisdiction, holding that the minors were residing with their father...
Appointment of Election Officer – Jurisdiction of Registrar – Rule 11 of the 2004 Rules – Interpretation and Applicability – The petitioners challenged the removal of the Election Officer (Surja Ram Bishnoi) and the appointment of a new Election Officer (Manju Saharan) under Rule 11 of the 2004 Rules, arguing that Rule 11 applies only to elections under Section 26 of the Ac...
Consumer Law – Award of Interest – Execution of Forum's Order – The respondent was awarded 15% interest on the deposited amount by the Consumer Forum, with a recovery certificate issued for further interest on the interest amount – Held: Interest is payable only on the principal sum adjudged, not on the interest component, as per Section 34 of the CPC and Section 3(3) o...
Criminal Law – Caste-Based Discrimination in Prisons – Caste-Based Allocation of Prison Labour – Violation of Constitutional Rights – The petitioner, Sukanya Shantha, sought to challenge caste-based discrimination in prison manuals and their provisions, which prescribed labour and prison duties based on caste identity – Supreme Court held that several provisions of pr...
Land Acquisition – Payment of Compensation – The appellant (M/s Ultra-Tech Cement Ltd.) challenged the High Court’s direction to pay compensation under the Supplementary Award dated 02.05.2022 – High Court had ruled that the appellant should pay the compensation first and recover the amount from Jaiprakash Associates Limited (JAL) later – The Supreme Court held that t...
Civil Procedure – Amendment of Pleadings – High Court allowing an amendment under Order VI Rule 17 of the CPC despite the trial having commenced – Trial court rejected the amendment application on the grounds of undue delay and lack of due diligence by the plaintiff – High Court found that the amendment was necessary for the proper adjudication of the dispute, especially re...
Urban Land Ceiling – Acquisition of Land – Proceedings Quashed – The petitioners, members of Gopal Nagar House Buildings Society, challenged the acquisition of their land under the Urban Land (Ceiling and Regulation) Act, 1976, arguing that the land was agricultural and exempt from the provisions of the Act. They contended that the authorities failed to issue notice to the societ...
Education Service – Appointment of Principal – Requisition Sent to Board – The petitioners challenged the transfer orders appointing other individuals as Principals in intermediate institutions – The petitioners contended that once the requisition for appointment had been sent to the U.P. Secondary Education Service Selection Board in accordance with Rule 11(4) of the 1998 ...