(1)
STATE OF ODISHA AND OTHERS ETC. ETC. .....Appellants Vs.
SULEKH CHANDRA PRADHAN ETC. ETC. .....Respondents D.D
20/04/2022
SUPREME COURT OF INDIA
Service Law – Void Appointments – Teachers appointed directly by school management without following statutory procedures – Supreme Court held such appointments to be void ab initio as they contravened statutory provisions – Appointments made without adherence to prescribed rules are unsustainable [Paras 1-32].
Judicial Propriety – Consistency in Tribunal...
(2)
DR. (MRS.) CHANDA RANI AKHOURI AND OTHERS .....Appellants Vs.
DR. M.A. METHUSETHUPATHI AND OTHERS .....Respondents D.D
20/04/2022
SUPREME COURT OF INDIA
Medical Negligence – Post-Operative Care – Patient's Death – Supreme Court held that mere inability to save a patient does not constitute medical negligence – A medical practitioner is not liable for errors of judgment or choosing one reasonable course of treatment over another – Duty of care requires medical protocol to be followed with reasonable skill and compe...
(3)
ANIL KUMAR UPADHYAY .....Appellant Vs.
THE DIRECTOR GENERAL SSB AND OTHERS .....Respondents D.D
20/04/2022
SUPREME COURT OF INDIA
Service Law – Disciplinary Proceedings – Quantum of Punishment – Supreme Court emphasized that the question of quantum of punishment in disciplinary matters is primarily for the disciplinary authority – Judicial review by High Courts and Administrative Tribunals under Article 226 of the Constitution is limited to the applicability of Wednesbury principles – Interferen...
(4)
U.P. AWAS EVAM VIKAS PARISHAD THROUGH HOUSING COMMISSIONER .....Appellant Vs.
RAM SINGH (D) TH. LRS. AND OTHERS .....Respondents D.D
20/04/2022
SUPREME COURT OF INDIA
Land Acquisition – Withdrawal from Acquisition – Section 48(1) of the Land Acquisition Act, 1894 – Notification dated 07.07.2005 exempting land from acquisition – Appellant's failure to challenge said notification – Subsequent order dated 25.04.2008 attempting to cancel exemption based on Government Order dated 15.09.2006 – Supreme Court held that Government...
(5)
UNION OF INDIA AND OTHERS .....Appellants Vs.
M/S. WILLOWOOD CHEMICALS PRIVATE LIMITED AND ANOTHER, M/S. SARAF NATURAL STONE AND ANOTHERS .....Respondents D.D
19/04/2022
SUPREME COURT OF INDIA
Taxation – Interest on Delayed Refunds – Section 56 of CGST Act – Supreme Court held that interest at the rate of 6% per annum applies unless covered by the proviso to Section 56 – Proviso applies where refund arises from an order passed by adjudicating authority or court – In present case, no such order existed, hence 6% interest rate applies – High C...
(6)
ALL INDIA JUDGES ASSOCIATION AND OTHERS .....Appellant Vs.
UNION OF INDIA AND OTHERS .....Respondent D.D
19/04/2022
SUPREME COURT OF INDIA
Judicial Service – Promotion – LDCE Eligibility – Supreme Court addressed the need to modify the eligibility criteria for promotion through LDCE for the DHJS – Recognized that in the High Court of Delhi, both Civil Judges (Junior Division) and Civil Judges (Senior Division) perform similar duties, differing mainly in pay scales – Modified criteria to require 7 years q...
(7)
RAMRAO SHANKAR TAPASE .....Appellant Vs.
MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPN. AND OTHERS .....Respondents D.D
19/04/2022
SUPREME COURT OF INDIA
Land Acquisition – Enhancement of Compensation – Section 18 of the Land Acquisition Act, 1894 – Appellants challenged the compensation awarded by the Land Acquisition Officer, seeking enhancement – Reference Court increased compensation – High Court partly allowed appeals, reducing compensation – Supreme Court observed that future use of acquired land for indust...
(8)
VENKATESH @ CHANDRA AND ANOTHER ETC. .....Appellants Vs.
STATE OF KARNATAKA .....Respondent D.D
19/04/2022
SUPREME COURT OF INDIA
Criminal Law – Confessional Statements – Section 27 of the Evidence Act – Supreme Court criticized the tendency of prosecuting agencies to record entire confessions instead of only the part leading to the discovery of facts – Held that such practice leads to inadmissible confessions influencing judicial minds – Court emphasized strict adherence to the admissible porti...
(9)
BALRAM GARG .....Appellant Vs.
SECURITIES AND EXCHANGE BOARD OF INDIA .....Respondent D.D
19/04/2022
SUPREME COURT OF INDIA
Insider Trading – Presumption of Communication – UPSI: Allegations against the appellants for insider trading based on familial relationships and trading patterns were dismissed due to lack of evidence showing communication of UPSI. The court emphasized the necessity of establishing foundational facts before drawing inferences and rejected the presumption based solely on circumstantial...