Showing 1938 articles
Settlement Invalid Without Consent of All Claimants, Lok Adalat Awards in Land Compensation Case Quashed: Supreme Court
The Supreme Court has set aside a Telangana High Court judgment that had upheld Lok Adalat awards concerning the distribution of compensation for acquired land. The Court held that where different persons have competing claims over title and entitlement to compensation, the dispute cannot be settled through a Lok…
Recovery Order Against Housing Retired Officer Quashed: Madhya Pradesh High Court
The Madhya Pradesh High Court has set aside the recovery and penalty orders passed against retired M.P. Housing Board Estate Officer Jandel Singh Veer, holding that the disciplinary authority and appellate authority failed to provide proper reasons for their decisions. The Court also directed the Housing Board to…
Recovery of Money Cannot Sustain Corruption Conviction Without Proof of Bribe Demand, Two Gujarat Panchayat Employees Acquitted: Supreme Court
The Supreme Court has acquitted two Gujarat Panchayat employees in a corruption case that originated nearly three decades ago, holding that the prosecution failed to prove the alleged demand for a Rs 120 bribe beyond reasonable doubt. The Court also found that recovery of only Rs 20 could not by itself establish the…
Rejection of Section 156(3) CrPC Application Does Not Bar Subsequent FIR on Same Allegations: Supreme Court
The Supreme Court has held that rejection of an application under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC) does not automatically prevent the police from subsequently registering an FIR on the same or substantially similar allegations. The Court explained that rejection of a Section 156(3)…
KSRTC Road Accident Case: 50% Negligence Deduction Removed, Compensation Enhanced to ₹50.81 Lakh: Supreme Court
The Supreme Court has set aside the finding of 50% contributory negligence against the driver of a Hyundai Santro involved in a 2005 road accident and enhanced the compensation payable to Reena to Rs 50,81,876. The judgment was delivered by a Bench comprising Justice S.V.N. Bhatti and Justice N.V. Anjaria. 2005 Road…
Mother's Violation of Foreign Court Order and Relocation of Children to India Does Not Disentitle Her From Custody: Jammu & Kashmir and Ladakh High Court
The High Court of Jammu & Kashmir and Ladakh has held that a mother's violation of a court direction and her act of bringing minor children from Qatar to India by procuring duplicate passports, although legally impermissible, would not by itself make her unfit to retain custody. The Court held that the decisive…
Senior Citizens Tribunal Can Order Eviction of Children from Parents' Property: Supreme Court
The Supreme Court has reaffirmed that tribunals constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 have the power to order the eviction of children and their spouses from a senior citizen's property when such eviction is necessary to secure the parent's maintenance, protection,…
Order Framing Charges Under Section 21 NIA Act Is Not Interlocutory, Appeal Lies Before High Court; Allahabad High Court Differs With Delhi High Court View: Allahabad High Court
The Allahabad High Court has held that an order framing charges passed by a Special Court under the National Investigation Agency Act, 2008 (NIA Act) is not an interlocutory order. Therefore, such an order can be challenged through an appeal under Section 21 of the NIA Act before a Division Bench of the High Court.…
UAPA Accused Entitled to Default Bail After 180 Days, Not 90, Even Under BNSS: Delhi High Court
The Delhi High Court has ruled that the 180-day investigation period under Section 43D(2) of the Unlawful Activities (Prevention) Act, 1967 (UAPA) continues to apply even after the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 (CrPC). The Court made the clarification…
Absorption of Four Haryana PWD Engineers Cancelled, Their Entry Termed "Political": Supreme Court
The Supreme Court has set aside the absorption of four Haryana government engineers into the Public Works Department (Building and Roads Branch), holding that their appointment by transfer was not permitted under the applicable service rules. The Court ruled that long years of service, existing vacancies or…
