Facts

The case involved an appeal by the landlord (Popat & Kotecha Property & Ors) against the respondent-tenant (Ashim Kumar Dey) regarding eviction for defaulting on payment of municipal taxes under the West Bengal Premises Tenancy Act, 1997.

Issues:

Whether a tenant who defaulted in payment of their share of municipal taxes, as apportioned by the landlord, would be in default of rent, rendering them liable to eviction.

Held:

The Court held that the obligation to pay municipal taxes as an occupier fell upon the tenant, as per the amended Act. The court observed that the relevant clauses in the rent agreement were superseded by this statutory obligation. The respondent-tenant had been served a notice to pay his share of municipal taxes but had not remitted the amount due. The trial court dismissed the landlord's claim, and the High Court upheld the decision, stating that the landlord needed a formal order of rent enhancement from the Rent Controller. However, the Supreme Court held that the respondent-tenant's default was evident, and the High Court erred in imposing the requirement of a formal rent enhancement order. The court allowed the appeal and granted the landlord's application for eviction of the respondent-tenant.

Facts:

The case involves Jaypee Infratech Limited (JIL), a real estate developer, defaulting on its dues to IDBI bank, leading to the initiation of a Corporate Insolvency Resolution Process (CIRP) against JIL. Home buyers, distinct from financial and operational creditors, raised concerns regarding the recognition of their interests in the CIRP. The Court was approached by the home buyers seeking pro-rata disbursement of funds deposited by JIL among buyers seeking refunds.

Issues:

Recognition of the rights of home buyers in the CIRP process.

Whether directing preferential payment to home buyers seeking refunds is legally permissible during CIRP.

Consideration of the interests of secured creditors and the overall resolution process under the IBC.

Validity and applicability of RBI's recommendations regarding the initiation of CIRP against JAL.

Held:

The Court acknowledged the legitimate grievances of home buyers seeking refunds but declined to grant their plea. It emphasized the legal impermissibility of directing preferential payments to a specific class of financial creditors during CIRP.

Furthermore, the Court highlighted the injustice to secured creditors and the lack of overall benefit to the resolution process if refunds were directed to a specific class of creditors. It noted the preference of a majority (92%) of home buyers for possession of their purchased homes.

The Court underscored the importance of protecting the interests of lenders, particularly banks and financial institutions, as intended by the IBC. It also accepted RBI's recommendation to initiate CIRP against JAL, considering its financial distress and the need for timely resolution.

Facts:

The case pertains to the implementation of reforms in the administration of cricket, as proposed by a committee chaired by Justice R. M. Lodha. These reforms were accepted by the Supreme Court in a previous judgment. The Committee of Administrators (CoA) was tasked with drafting a Constitution for the BCCI to implement these reforms. Various stakeholders provided suggestions on the draft Constitution, which were considered by the court.

Issues:

The court included membership criteria for the BCCI, representation of certain cricket associations, the number of selectors, the imposition of a cooling-off period for office bearers, and other administrative matters.

Held:

The court decided to restore full membership in the BCCI to three cricket associations each in the State of Maharashtra (Maharashtra, Mumbai, and Vidarbha) and in Gujarat (Gujarat, Baroda, and Saurashtra) due to their significant contributions to nurturing talent for cricket in India. However, the status of full members was not granted to the National Cricket Club and the Cricket Club of India.

Full membership was also granted to the Railway Sports Promotion Board (Railways), Services Sports Control Board (Services), and the Association of Indian Universities due to their notable contributions to Indian cricket. Representatives for Railways, Services, and the Association of Indian Universities should be former cricketers elected by respective associations of former players.

The number of selectors was increased from three to five to ensure a broader selection pool and better talent evaluation across the country. Selectors must meet specific criteria related to their cricketing experience.

The court mandated a cooling-off period of three years after an individual has held the post of an office bearer for two consecutive terms either in a State Association or in the BCCI or a combination of both. This is to prevent the concentration of power and encourage a wider body of experienced administrators.

The Apex Council is entrusted with professional management through appointed officers. Disqualifications clauses in the draft Constitution were approved with modifications, and any future amendments to the Constitution should be approved by the Supreme Court.

Facts:

PW-4 Sumeet Asthana lodged a complaint with the Vigilance Officer of Indian Airlines, alleging that he was asked to contact Babji (A-1) of M/s Varun Movies to arrange a confirmed flight ticket.

A-1 demanded Rs. 2,100/- for a confirmed ticket, which was higher than the actual fare of Rs. 1646/-.

The Vigilance Officer reported the matter to the Superintendent of Police, CBI Hyderabad, stating that A-1 and A-2 were cheating the public.

Based on the evidence of PW-4 and PW-2, the Trial Court convicted the appellant under Section 8 of the Prevention of Corruption Act, a decision confirmed by the High Court.

Issues:

Whether the evidence presented is sufficient to establish the offence under Section 8 of the Prevention of Corruption Act?

Held:

In order to establish the offence under Section 8 of the Prevention of Corruption Act, it must be proven that the accused accepted gratification as a motive or reward for inducing a public servant to perform an official act.

The evidence presented by the prosecution was vague regarding the recipient of the money and whether they were a public servant.

Insufficient evidence was presented to demonstrate that the money was received to influence a public servant.

Without convincing evidence, the conviction under Section 8 of the Prevention of Corruption Act cannot be sustained.

Consequently, the appeal was allowed, and the appellant was acquitted. The bail bonds of the appellant, who was on bail, were discharged.

Facts:

Both direct appointees and promotees were initially appointed on an ad hoc basis without following a regular process.

Amendments were made to the rules governing appointments to regularize these ad hoc appointments.

The core dispute revolved around the lack of consultation with the Uttar Pradesh Public Service Commission (UPPSC) during the confirmation of ad hoc appointments.

Issues:

Whether the lack of consultation with the UPPSC during the confirmation of ad hoc appointments rendered the appointments illegal.

Whether the appointments were irregular and could be cured through retrospective consultation with the UPPSC.

Determination of seniority based on the date of continuous officiation for promotees and the date of joining for direct recruits.

Held:

The Court held that while the lack of consultation with the UPPSC was a clear irregularity, it did not render the appointments illegal. The Court directed the State Government to consult with the UPPSC within two months to cure the defect. Depending on the outcome of the consultation, the seniority list would be adjusted accordingly. The Court emphasized that this decision should put an end to further litigation on the matter.

Facts:

Shankareppa Pattar, son of the appellants, was involved in a motor vehicle accident on 14.04.2008.

The accident occurred due to negligence, causing Shankareppa to sustain fatal injuries while traveling in a jeep.

The Tribunal awarded compensation to the claimants, holding the owner of the vehicle liable and directing the insurance company to pay, with the liberty to recover from the owner.

The High Court reversed the Tribunal's decision, holding only the owner liable for compensation, citing Article 142 of the Constitution.

Issues:

Interpretation of liability under the Motor Vehicles Act, 1988 regarding compensation in cases of breach of policy conditions.

Whether the doctrine of "pay and recover" applies in this case.

Held:

The Tribunal's decision directing the insurance company to pay compensation and recover from the owner is consistent with the principles established in National Insurance Company Ltd. v. Swaran Singh and subsequent cases.

The High Court erred in exonerating the insurance company from liability and directing the claimants to recover compensation solely from the owner.

The insurance company is directed to pay the enhanced compensation to the claimants and recover the same from the owner of the vehicle.

The recovery process can be initiated before the concerned Executing Court without the need for filing a separate suit.

Facts:

Col. IVS Gahlot, an officer in the Armed Forces Medical Services (AFMS), filed an appeal challenging the decision of the Armed Forces Tribunal, Principal Bench, Delhi, which dismissed his statutory complaint against non-promotion.

The appellant claimed that he was denied marks for his Ph.D. degree in Anthropology, Post Graduate training qualification from G.S.V.M. Medical College, Kanpur, and Master's degree in Personnel Management from Pune University.

The appellant contended that the promotion policy, issued in 2004 and amended in 2006, was not applicable to him as it was reviewed before the stipulated five years.

The appellant argued that his Ph.D. degree from Berhampur University should have been recognized for marks allocation, and his Post Graduate training program should have been considered for marks as well.

Issues:

Whether the amendment to the promotion policy in 2006 was valid.

Whether the Ph.D. degree obtained from Berhampur University and the Post Graduate training program fulfilled the eligibility criteria for marks allocation.

Held:

The amendment to the promotion policy in 2006 was valid, as the employer has the authority to change promotion policies as needed.

The Ph.D. degree obtained from Berhampur University was not recognized by the Medical Council of India, as required by the promotion policy, and thus, the appellant was not eligible for marks allocation based on this qualification.

The appellant failed to fulfill the necessary conditions for allocation of marks for his Post Graduate training program, as there was no evidence of a structured full-time training program during study leave.

Consequently, the Court upheld the decision of the Armed Forces Tribunal to dismiss the appellant's statutory complaint, and the Civil Appeal was dismissed.

Facts:

The State Government acquired land for public purposes.

Special Land Acquisition Officer (SLAO) initiated proceedings under Section 11 of the Act and passed an award.

Legal challenges by original landowners were dismissed.

Original landowners applied under Section 48(1) of the Act to the Revenue Minister for releasing the land from acquisition.

Revenue Minister partially released the land from acquisition.

Original landowners transferred the land to respondent no.1.

Respondent no.1 filed another application under Section 48(1) of the Act for the release of the remaining portion of the land from acquisition.

Revenue Minister granted this request, deleting the land from acquisition proceedings.

Issues:

Whether the State had the authority to release acquired land after possession had been taken.

The legal validity of the orders issued by the Revenue Minister for releasing the land.

The abuse of power by the Revenue Minister in invoking Section 48 of the Act.

Whether the landowners' filing of the writ petition constituted an abuse of the judicial process.

The implications of the bargain regarding the release of part of the land to the landowners.

Held:

The Court held that once possession of acquired land is taken by the State, it vests absolutely with the State, precluding the State from withdrawing from the acquisition proceedings.

The orders issued by the Revenue Minister for releasing the land did not create any legal rights in favor of the landowners.

The Revenue Minister exceeded their authority by invoking Section 48 of the Act to release the land after possession was taken by the State, constituting an abuse of power.

The court noted that the landowners' filing of the writ petition was an abuse of the judicial process since earlier litigation had concluded against them.

The release of part of the land to the landowners and retention of the remaining land constituted a bargain, precluding further release. Additionally, after the State obtained possession, releasing the remaining land under Section 48 was legally impossible.

Decision: The Court allowed the appeal, ruling against the actions of the Revenue Minister and emphasizing the importance of understanding the legal implications of possession and the limitations on the State's power to release acquired land once possession is taken.

Facts:

In 2008, the Bangalore Development Authority (BDA) published a scheme and preliminary notification under Section 17 of the BDA Act, acquiring lands for providing civic amenities like roads, etc. Writ petitions were filed in 2014, alleging that the State Government and the BDA had not taken any steps to issue a final notification or develop the land for five years. The Single Bench allowed the writ petitions and quashed the notification regarding the lands of the appellants. The writ appeals were dismissed.

Issues:

Whether the time constraints of the Land Acquisition Act, 1894 are applicable to the Bangalore Development Authority Act, 1976?

Whether irregularities and collusion in the land acquisition process affect the validity of the preliminary notification under Section 17 of the BDA Act?

Whether responsibility can be attributed for delays and attempts to manipulate the land acquisition process?

Whether the quashing of the preliminary notification under Section 17 of the BDA Act by the Single Judge was justified?

Whether the State Government and the BDA should proceed with the issuance of the final notification without further delay?

Held:

The primary objective of the Bangalore Development Authority Act, 1976 is planned development, and the Act has its own scheme. The time constraints of the Land Acquisition Act, 1894 are not directly applicable to the BDA Act. Applying the time frame of Section 11A of the LA Act would contradict the purpose of the BDA Act.

Irregularities and collusion in the land acquisition process were evident, but the responsibility for delays and attempts to manipulate the process lies with both landowners and authorities. Such actions obstruct planned development, contrary to the public interest.

The quashing of the preliminary notification under Section 17 of the BDA Act by the Single Judge was not justified, considering the attempts to manipulate the process and the responsibility for delays.

The State Government and the BDA are directed to proceed with the issuance of the final notification without further delay, upholding the scheme and notification under Section 17 of the BDA Act.