(1)
M/S PRIME PROPERTIES .....Appellant Vs.
SANA LAKSHMI DEVI (DIED) THROUGH HER LRS AND OTHERS .....Respondent D.D
29/09/2022
Civil Procedure – Review Petition – Trial Court initially rejected plaintiff's application to file a rejoinder – Plaintiff filed review petition, presenting the rejoinder was already filed – Trial Court reviewed its decision and accepted the rejoinder – High Court disapproved, stating review powers were exceeded – Supreme Court held review was justified, all...
(2)
X .....Appellant Vs.
THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF NCT OF DELHI AND ANOTHER .....Respondent D.D
29/09/2022
Medical Termination of Pregnancy – Scope of Rule 3B – Unmarried women are entitled to safe and legal abortion under Section 3(2)(b) of the MTP Act read with Rule 3B – The rule includes all women who face a change in material circumstances, irrespective of marital status – The exclusion of unmarried women is discriminatory and violative of Article 14 of the Constitution &nda...
(3)
RAM KUMAR .....Appellant Vs.
STATE OF UTTAR PRADESH AND OTHERS .....Respondent D.D
28/09/2022
Appeal against the High Court’s decision allowing the writ petition and setting aside the cancellation of the fair price shop licence of respondent No.9.
(4)
CHOTKAU .....Appellant Vs.
STATE OF UTTAR PRADESH .....Respondent D.D
28/09/2022
Criminal Law – Conviction Based on Circumstantial Evidence – Appeal against conviction and death sentence for rape and murder – Prosecution relied solely on circumstantial evidence without medical examination of the accused – Failure to obtain Forensic Sciences Laboratory report on blood/semen stains – Prosecution’s failure to provide medical evidence critical w...
(5)
ANJU GARG AND ANOTHER .....Appellant Vs.
DEEPAK KUMAR GARG .....Respondent D.D
28/09/2022
Maintenance – Section 125 CrPC – Husband's Duty to Provide – Husband is required to earn money even by physical labor if he is able-bodied and cannot avoid his obligation except on legally permissible grounds – The Court directed the husband to pay a maintenance amount of Rs. 10,000 per month to the wife [Paras 9-13].
Social Justice – Section 125 CrPC...
(6)
MORESHAR YADAORAO MAHAJAN .....Appellant Vs.
VYANKATESH SITARAM BHEDI (D) THR. LRS. AND OTHERS .....Respondent D.D
27/09/2022
Necessary Party – Tests for Determination – Two tests for determining a necessary party: (1) there must be a right to some relief against such party concerning the controversies involved in the proceedings; (2) no effective decree can be passed in the absence of such a party – Plaintiff admitted the suit property was jointly owned by defendant, his wife, and three sons – Ef...
(7)
KOLLI SATYANARAYANA (DEAD) BY LRS. .....Appellant Vs.
VALURIPALLI KESAVA RAO CHOWDARY (DEAD) THR. LRS. AND OTHERS .....Respondent D.D
27/09/2022
Specific Performance – Agreement of Sale – Condition Precedent – Agreement of sale stipulated obtaining permission from ULC Authorities within 75 days, failing which the purchaser could reclaim advance payment within 90 days – Defendant terminated agreement when permission was not obtained in time – Plaintiff's delay in taking action until after permission was gra...
(8)
JAGDISH PRASAD SAINI AND OTHERS .....Appellant Vs.
STATE OF RAJASTHAN AND OTHERS .....Respondent D.D
26/09/2022
Service Law – Leave Encashment – Salary Component – Leave encashment forms part of salary under the Rajasthan Non-Government Educational Institutions Act, 1989 – State responsible for 70% of leave encashment, with the management establishment covering 30% – Arbitrary Rule 5(viii) of the 2010 Rules invalidated as unconscionable and unenforceable [Paras 18-21].
 ...
(9)
BALKRISHNA RAMA TARLE DEAD THR LRS AND ANOTHER .....Appellant Vs.
PHOENIX ARC PRIVATE LIMITED AND OTHERS .....Respondent D.D
26/09/2022
SARFAESI Act – Powers of District Magistrate – Ministerial Role – Powers exercisable by District Magistrate (DM) under Section 14 of the SARFAESI Act are ministerial – DM is not required to adjudicate disputes between the borrower and the secured creditor or any third party – High Court rightly set aside DM’s order delaying possession until tenant eviction proce...