Author name: CiteCase

State Project Director, UP Education For All Project Board vs Saroj Maurya 2024 INSC 677

September 11, 2024 / By

Summary: Appeal against the Judgment of the Division Bench of the High Court of Judicature at Allahabad in an intra court appeal- Allowing appeal, SC observed: We find that except for placing on record the case of the writ petitioners and the respondents followed by the findings returned by the learned Single Judge and the …

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Sk Golam Lalchand vs Nandu Lal Shaw @ Nand Lal Keshri @ Nandu Lal Bayes 2024 INSC 676 – Specific Relief Act

September 10, 2024 / By

Specific Relief Act, 1963; Section 31– Section 31 uses the word ‘may’ for getting declared the instrument as void which is not imperative in every case, more particularly when the person is not a party to such an instrument. (Para 23) Property Law– One Coowner of a property alone cannot execute a sale of the …

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Manilal vs State Of Rajasthan 2024 INSC 675 – Service Law

September 10, 2024 / By

Summary: Allowing appeal filed by a candidate to teacher post, SC held: We direct the respondent-authorities to treat the appointment given to the appellant, pursuant to the interim order of the Division Bench dated 23.10.2021, as a regular appointment and after reinstating the appellant grant consequential benefits. We direct that except for the period the …

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Ashok Kumar Sharma vs Union of India 2024 INSC 674 – Israel – Foreign Policy – International Law

September 10, 2024 / By

Constitution of India,1950; Article 32- Writ petition seeking to cancel existing licences and halt the issuance of new licences for the export of arms and military equipments to Israel- Dismissing WP, SC observed: The sovereign nation of Israel is not and cannot be made amenable to the jurisdiction of this Court. Hence, for this Court …

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Anantdeep Singh vs High Court Of Punjab & Haryana 2024 INSC 673 – Service Law

September 10, 2024 / By

Service Law – Miscellanious application, the applicant- appellant prayed that he should be reinstated into service as Civil Judge with all consequential benefits in view of the SC order dated 20.04.2024- SC held: Once the termination order is set aside and judgment of the High Court dismissing the writ petition challenging the said termination order …

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Chalasani Udaya Shankar vs Lexus Technologies Pvt. Ltd. 2024 INSC 671 – Companies Act – Rectification

September 9, 2024 / By

Companies Act,2013; Section 59 –National Company Law Tribunal exercising jurisdiction under Section 59 of the Act of 2013 has to examine the factual issues to ascertain the substance of the issue before it after removing the cloak of the form of the application. The expression ‘rectification’ connotes something that ought to have been done but, …

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Cox & Kings Ltd. v. SAP India Pvt. Ltd. 2024 INSC 670 – Non -Signatory – Arbtiration

September 9, 2024 / By

Arbitration & Conciliation Act, 1996; Section 11(6) – At the referral stage, the referral court should leave it for the Arbitral Tribunal to decide whether the non-signatory is bound by the arbitration agreement- Referred to Cox and Kings Ltd. v. SAP India Pvt. Ltd. 2023 INSC 1051 – [In this case, SC held: In view …

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Union Of India vs Lt. Col. Rahul Arora 2024 INSC 672 -Army Rules – Court Martial – Judge Advocate

September 9, 2024 / By

Army Rules, 1954-Rules 39, 40(2) 102 & 103 – Court Martial proceedings –Non recording of reasons of appointment of an officer junior in rank as a Judge Advocate in the convening order invalidates the Court Martial proceedings – Protection under Army Rule 103 is available only where a fit person has been appointed as a …

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Dhanraj Aswani vs Amar S. Mulchandani 2024 INSC 669 – Anticipatory Bail

September 9, 2024 / By

Code Of Criminal Procedure, 1973; Section 438 – [BNSS,2023; Section 482]– An accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence. Once he is arrested, the only remedy available to him is to apply for regular bail either under Section …

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