(1)
SH. RAM CHANDER (DEAD) THR LRS .....Appellant Vs.
UNION OF INDIA .....Respondent D.D
20/04/2022
Land Acquisition – Compensation Enhancement – Review petitions allowed by High Court on basis of Supreme Court's earlier remand in related case (Bhola Nath Sharma) – Subsequent developments: High Court re-enhanced compensation to Rs. 2000/- per sq. yard and Supreme Court dismissed SLP against this – Ground for High Court's review decision no longer valid – Sup...
(2)
STATE OF ODISHA AND OTHERS ETC. ETC. .....Appellants Vs.
SULEKH CHANDRA PRADHAN ETC. ETC. .....Respondents D.D
20/04/2022
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...
(3)
DR. (MRS.) CHANDA RANI AKHOURI AND OTHERS .....Appellants Vs.
DR. M.A. METHUSETHUPATHI AND OTHERS .....Respondents D.D
20/04/2022
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...
(4)
ANIL KUMAR UPADHYAY .....Appellant Vs.
THE DIRECTOR GENERAL SSB AND OTHERS .....Respondents D.D
20/04/2022
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...
(5)
U.P. AWAS EVAM VIKAS PARISHAD THROUGH HOUSING COMMISSIONER .....Appellant Vs.
RAM SINGH (D) TH. LRS. AND OTHERS .....Respondents D.D
20/04/2022
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...
(6)
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
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...
(7)
ALL INDIA JUDGES ASSOCIATION AND OTHERS .....Appellant Vs.
UNION OF INDIA AND OTHERS .....Respondent D.D
19/04/2022
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...
(8)
RAMRAO SHANKAR TAPASE .....Appellant Vs.
MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPN. AND OTHERS .....Respondents D.D
19/04/2022
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...
(9)
VENKATESH @ CHANDRA AND ANOTHER ETC. .....Appellants Vs.
STATE OF KARNATAKA .....Respondent D.D
19/04/2022
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...