Facts:

Mrs. X, a 22-year-old petitioner, approached the court seeking permission for the medical termination of her pregnancy due to fetal abnormalities, diagnosed as bilateral renal agenesis and anhydramnios.

Issues:

Whether the petitioner had sufficient grounds to justify the termination of her pregnancy under the law, considering both her health and the condition of the fetus.

Held:

The court upheld the petitioner's right to preserve her life, citing the case of Suchita Srivastava vs. Chandigarh Administration, which established a woman's right to make reproductive choices as a dimension of personal liberty under Article 21 of the Constitution.( Paragraph 8)

Despite the advanced stage of pregnancy (24 weeks) and the inevitability of the fetus's death outside the womb, the court deemed it appropriate to permit the termination under the Medical Termination of Pregnancy Act, 1971, given the risk to the petitioner's life and her mental and physical health.( Paragraph 9)

The court ordered the termination to be performed by the doctors of the hospital where the petitioner underwent medical check-up, supervised by the Medical Board appointed by the court, and with complete records maintained by the hospital.( Paragraph 10)

Concerns regarding the validity of the petitioner's consent were addressed by confirming her mental soundness through psychiatric evaluation, ensuring that the decision to terminate the pregnancy was made voluntarily and without coercion.( Paragraph 11)

The court allowed the writ petition, granting the petitioner's request for medical termination of her pregnancy, emphasizing the importance of obtaining affidavits directly from the concerned individual in such cases.( Paragraph 12)

Facts:

Nidhi, the appellant, sought possession of a non-residential accommodation under Section 21(1)(a) of the Uttar Pradesh Urban Buildings Act, alleging bona fide personal requirement.

The Prescribed Authority granted the release order in Nidhi's favor, but the decision was challenged and overturned by the Additional District Judge and subsequently by the High Court.

The High Court, considering subsequent events like Nidhi's marriage and relocation, denied relief to Nidhi.

Issues:

Whether subsequent events, such as Nidhi's marriage and relocation, extinguished her bona fide requirement for the premises.

Whether the High Court erred in not considering the comparative hardship to Nidhi.

Held:

The Supreme Court held that Nidhi's marriage and subsequent relocation did not extinguish her bona fide requirement for the premises, particularly as she sought accommodation not only for herself but also for her parents and grandparents. The court emphasized the legislative intent to favor landlords in such disputes and stressed the need to assess the impact of subsequent events on the landlord's bona fide requirement and comparative hardship.

As the tenant could relocate their business without significant loss, while Nidhi's family would face hardship without the premises, the High Court's failure to consider the comparative hardship to Nidhi led to the reversal of its decision.

Therefore, the Supreme Court allowed Nidhi's appeal, setting aside the High Court's order, and restored the release order passed by the Prescribed Authority. The tenant was directed to hand over possession, and Nidhi was instructed to deposit compensation for the tenant within a specified period.

Facts:

The case involves an eviction petition filed under Section 14(1)(e) of the Delhi Rent Control Act, 1958 by the respondent against the appellants. The appellants contested the eviction on various grounds, including disputing the ownership of the respondent over the property, the relationship of landlord and tenant, and the availability of alternative accommodation.

Issues:

Whether the appellants should be granted leave to contest the eviction proceedings on merits based on the grounds raised by them.

Held:

The court held that the appellants were entitled to contest the eviction proceedings on merits as they had raised prima facie grounds which, if accepted, could result in dismissing the eviction application.

The court set aside the orders of the lower authorities and granted leave to contest the eviction application. The eviction case was restored to its original file before the Rent Controlling Authority for disposal on merits.

The appellants were directed to deposit arrears of rent and continue to deposit monthly rent until final orders were passed. The Rent Controlling Authority was directed to decide the case expeditiously.

Facts:

MGR Industries Association, represented by its members, filed a writ petition seeking exemption from taxation by the Zila Panchayat under Section 12-A of the U.P. Industrial Area Development Act, 1976.

The area in question had been declared as an industrial development area, but no notification had been issued designating it as an industrial township under Article 243-Q(1) of the Constitution.

The State Government rejected the representation of the appellants, stating that without the area being notified as an industrial township, the Zila Panchayat was entitled to realize tax.

Issues:

Whether the appellants were entitled to exemption from taxation by the Zila Panchayat under Section 12-A of the 1976 Act.

Whether the area's declaration as an industrial development area was sufficient for claiming exemption, or if specific notification as an industrial township was required.

Held:

The Court held that the appellants were not entitled to the claimed exemption from taxation by the Zila Panchayat under Section 12-A of the U.P. Industrial Area Development Act, 1976. This was because the area in question had not been specifically notified as an industrial township under the proviso to Article 243-Q(1) of the Constitution.

The Court relied on the statutory provisions and precedent cases, including Rishipal vs. State of U.P. and Saij Gram Panchayat vs. State of Gujarat, to establish that the exclusion of an industrial development area from the Panchayat's jurisdiction is dependent upon such notification. Since no such notification was issued, the appellants' claim for exemption was dismissed, and the appeal was consequently dismissed.

Facts:

The dispute involves a Town Planning Scheme in the Mehrun area within the Jalgaon Municipal Council's jurisdiction.

The municipal council reserved certain lands, including those owned by the appellants, for public purposes in a draft development plan published in 1971.

The final development plan was sanctioned in 1974. Subsequently, a Town Planning Scheme (Scheme III) was prepared in 1976, and compensation for the affected lands was determined by an arbitrator in 1980.

Issues:

Whether the reservation of land under a Town Planning Scheme lapses if not acquired within ten years as per Section 127 of the MRTP Act.

The applicability of Section 127 to lands reserved under a Town Planning Scheme.

Held:

In the present case the prayer is made by the appellants in the Writ Petitions specifically in respect of Town Planning Scheme No. III, which was finally sanctioned, as such, we find no error in the impugned judgment passed by the High Court dismissing the Writ Petitions. From the copy of special notice dated 25.04.1980 in form No. 4 issued under Town Planning Scheme Rules (filed as Annexure-B with the additional documents) and copy of order dated 16.05.1980 passed by the Arbitrator in the aforesaid rules, it is clear that the compensation was determined in respect of land in question under Town Planning Scheme. The decision of the Arbitrator appears to have been published in the Official Gazette dated 20th August, 1980, and appeal was dismissed. In the circumstances, we find no error in the order passed by the High Court.

Facts:

The respondent was alleged to have facilitated illegal mining by granting quarry licenses beyond permissible limits, resulting in illegal benefits to the detriment of the State.

Issues:

Whether the High Court's exercise of revisionary powers in quashing the charges framed against the respondent was justified.

What is the scope of interference at the stage when a charge has been framed?

Held:

The Court emphasized that the stage of framing a charge is not where the final test of guilt is applied. Instead, it is to determine whether there is a strong suspicion that the accused has committed an offense, which, if put to trial, could prove his guilt (Para 4).

The High Court erred in quashing the charges framed without properly considering the substance of the allegations against the respondent. It failed to address the discrepancy between the granted quarry license and the technical map issued, indicating a larger area for mining than permitted (Para 5).

Both the chargesheet and the order of the Special Judge had specifically noted the allegations, which clearly made out offenses under Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988, and Section 120B IPC (Para 6).

The power of the court under Section 397 of the Code of Criminal Procedure (CrPC) is to examine the legality and regularity of proceedings or orders made in a case, aiming to correct patent defects, errors of jurisdiction, or law. Quashing the charges framed in this case was an erroneous exercise of jurisdiction by the High Court (Para 7).

Decision: The appeals were allowed, and the charges framed against the respondent were reinstated.

Facts:

The statutory provisions of the Code of Criminal Procedure, 1973 (CrPC), particularly Section 173(8), in light of its historical development from the CrPC 1898 and the recommendations of the Law Commission of India.

Issues:

Whether a Magistrate has the authority to direct further investigation suo motu or upon the request of the complainant/informant after certain stages of the proceedings.

Clarification regarding the powers of the Magistrate in directing investigation at different stages of the legal process.

Analysis of relevant sections of the CrPC to determine the scope of the Magistrate's authority in directing further investigation.

Held:

The court clarifies that neither the Magistrate on their own nor upon the request of the complainant/informant has the authority to direct further investigation after cognizance has been taken and the accused person has appeared.

Legislative intent behind the amendment to Section 173(8) of the CrPC empowers the investigating agency to conduct further investigation at any stage of the proceedings.

The court delineates the powers of the Magistrate regarding directing investigation, taking cognizance, framing charges, etc., and highlights limitations on the Magistrate's authority after certain stages of the proceedings.

Analysis of relevant sections of the CrPC demonstrates that while the Magistrate can direct investigation at the pre-cognizance stage, they lose the authority to do so after certain milestones in the legal process have been reached.

The judgment interprets the statutory provisions in light of the legislative intent and the framework of the CrPC to conclude that the Magistrate cannot initiate further investigation suo motu or upon the request of the complainant/informant after certain stages of the proceedings.

Decision: The court reaffirms the role of the investigating agency in conducting further investigation and underscores the limitations on the Magistrate's authority in this regard after certain milestones in the legal process have been reached.

Facts:

The application filed on behalf of Shri R.R. Nair sought the recall of an order dated October 21, 2016, citing incomplete hearing and the filing of another writ petition challenging the same sections of the Advocates Act in the High Court of Delhi.

Issues:

The adequacy of hearing, the challenge to the constitutional validity of Sections 16 and 23(5) of the Advocates Act, and the related writ petition filed in the High Court of Delhi.

Held:

The Court recalls the earlier order and decides to set down the matter for fuller arguments afresh, along with the transferred Writ Petition (C) No. 6331 of 2016. This decision is based on the need for a comprehensive hearing, considering the dissatisfaction among certain sections of the bar and the challenges to the designation process of lawyers as senior advocates.

Facts:

The appellant, a member of GREF in Border Roads Engineering Services, raised the issue of refusal to grant financial upgradation before the Central Administrative Tribunal (CAT). The Government objected to the jurisdiction of the tribunal.

Issues:

Whether the AFT or CAT has jurisdiction over the grievances of GREF personnel.

The appropriate remedy for the appellant's grievance.

Held:

The Armed Forces Tribunal Act, 2007, clearly outlines the jurisdiction of the Armed Forces Tribunal (AFT) to adjudicate complaints and disputes regarding service matters and appeals arising from court-martial verdicts of members of the services. GREF personnel belong to the Armed Forces, but AFT's jurisdiction is limited to appeals arising from courts martial verdicts.

Certain provisions of the Army Act 1950 are exempted in their application to civilian members of GREF. These personnel are subject to disciplinary control under the 1950 Act for the purpose of discipline.

GREF personnel are subject to dual disciplinary control, allowing action under the 1950 Act or the Central Civil Services (Control, Classification and Appeal) Rules, 1965 (CCS(CCA) Rules, 1965) depending on the nature of the offense.

The AFT has jurisdiction over appeals arising from courts martial verdicts involving GREF personnel. However, it does not have jurisdiction over grievances related to terms and conditions of service or other service matters.

The previous tribunal's decision regarding the upgradation issue was deemed null and void due to lack of inherent jurisdiction. The appellant was granted liberty to approach the High Court for redressal of grievances.

Decision: The appeal was dismissed, affirming the limited jurisdiction of the tribunals involved and granting the appellant the opportunity to seek redressal through the High Court.