Issue for Consideration Two issues arise for consideration one, whether the agreement to sell in as one portion of the property would be sufficient to exclude the same from the scope and expands of matruka property to be partitioned at the time of his death and second whether the properties as matruka properties within the meaning of Mohammedan law. Headnotes† Mohammedan Law – Heritable Property – Classes of heir – Sharers – Litigation pertains to the property left behind by CK, between his surviving spouse namely defendant no.1-Z and his brother
Issue for Consideration (1) Whether the Division Bench of the High Court while entertaining Special Appeal Defective No.485/2023 against the order of Single Judge along with Writ-A No.140/2022 was justified to direct the office to register a separate case as suo moto PIL and to hold through CBI asking for a report within the specified time; (2) Whether the facts and circumstances of the case warrant a CBI enquiry in line with the established guidelines of this Court. Headnotes† Constitution of India – Art.226 – Delhi Special Police Establishment Act, 1946
Issue for Consideration Issue arose whether the Division Bench of the High Court rightly held that the Single Judge of the High Court had no jurisdiction to entertain the writ petitions filed on behalf of the appellants of the second set of appeals in view of the availability alternate remedy of filing an appropriate application before the tribunal. Headnotes† Constitution of India – Arts.226, 227 – Maintainability of the writ petitions before the High Court concerning service matter when efficacious alternative remedy available before the
Issue for Consideration Challenge to the direction issued by the High Court requiring the appellant to absorb the services of the respondent, a waitlisted candidate, under the SC category on a notional basis on the ground that the appellants had given an assurance before the Tribunal that considered in the next available vacancy however, the statement was not honoured despite a vacancy being available, hence the impugned direction. Headnotes† Service Law – Right of a waitlisted candidate, if any – High Court passed the impugned direction requiring the appellant
777 : 2025 INSC 1236 Pradyumna Mukund Kokil v. Nashik Municipal Corporation and Others (Civil Appeal No. 12690 of 2025) 15 October 2025 [B.R. Gavai, CJI and Augustine George Masih,* J.] Issue for Consideration Issues arose as regards the assessment of the value of the land in question which was and Town Planning Act, 1966 – Land Acquisition Act, 1894 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.26 – In 1972, respondent-Corporation resolved to reserve the entire parcel of land in question –
Issue for Consideration Matter pertains to rejection of the prayer to reject the plaint u/Ord.7 r.11 CPC. Headnotes† Code of Civil Procedure, 1908 – Ord.7 r.11 – Rejection of the plaint under – Dispute as regards succession to the estate of original owner between his plaintiffs – Plaintiffs-appellant filed suit by claiming title through succession to the estate of the widow of the original owner of the land, now deceased – Defendants- respondents set up a Will alleged to have been executed by the widow in their favour – Defendants filed an
Issue for Consideration Whether the appellants have established that the suit lands (37.50 acres in two parts) were under personal cultivation (coffee/ cardamom plantation) as on the appointed day (10.05.1971) so as to be exempt from vesting u/s.3(2) of the Kerala Private Forests (Vesting whether the conditions of s.3(3) of the 1971 Act are satisfied, i.e. the land was held under a valid title deed executed before the appointed day with intention for cultivation, and the extent of land so held (together with any other lands of the owner) did not exceed the ceiling area
Issue for Consideration Issue arose whether the High Court was justified in reducing the compensation awarded by the tribunal from Rs.88,20,454 to Rs.38,15,499. Headnotes† Motor accident – Compensation – Reduction – 27 year old engineer with accident – Tribunal awarded Rs.88,20,454 as compensation, however, the High Court reduced it to Rs.38,15,499 – Challenge to: Held: Order of the High Court modified by enhancing the compensation payable to the appellants to Rs.74,43,631 with interest @ six percent pa from the date
Issue for Consideration Matter pertains to contempt petition alleging that the contemnor did not comply with the order of the Single Judge of the High Court as restored by this Court’s order and the application of the doctrine of merger. Headnotes† Contempt Contempt petition – Willful disobedience of the order passed by this Court – Contempt petition alleging that the contemnor-respondents did not comply with the order of the Single Judge of the High Court as restored by this Court’s order – Applicability of the doctrine of
Issue for Consideration Issue arose whether employees of the Assam Financial Corporation- AFC who retired between 2018-2019 entitled to receive gratuity based on the higher ceiling limit adopted by the Government of Assam which was ₹15 Lakhs. Headnotes† Payment of s.4(5) – Assam Financial Corporation (Payment of Gratuity to Employees) Regulation, 1964 – Assam Financial Corporation (Amendment) Staff Regulations, 2007 – Gratuity – Entitlement – Ceiling for payment of gratuity as per the 2007 Regulations fixed at Rs. 3.5
Issue for Consideration Whether, in the facts and circumstances of the case, the Tribunal and the High Court did not award appropriate and just compensation and the same ought to be enhanced. Headnotes† Motor Vehicle Accident Claim – Compensation – Enhancement of – Just years sustained injuries in a motor vehicle accident owing to rash and negligent driving of Respondent No.1 – Assessing the income of the appellant @Rs.10,000/- p.m, Tribunal awarded compensation of Rs.30,24,800/- with interest @ 9% p.a. – Though, the High Court increased the
Issue for Consideration Whether the prosecution has proved beyond reasonable doubt that the accused no.1 caused the death of deceased by strangulation and attempted to mislead the investigation by fabricating a false story of electrocution. Headnotes† Penal Code, 1860 – ss.302, 304B, no.1-father-in-law lodged a report at Police Station stating that when he returned from the agricultural field, he found the deceased lying dead and she died due to electrocution while ironing the clothes – However, the post-mortem examination conducted by doctor, revealed that cause
Issue for Consideration Concurrent conviction of the accused-appellant for offences punishable u/ss.363, 366, 506 and 376, Penal Code, 1860, s.4, Protection of Children from Sexual Offences Act, 2012 and s.3(2) (v), Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Headnotes† Penal Code, 1860 – ss.363, 366, 506 and 376 – Protection of Children from Sexual Offences Act, 2012 – s.4 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – s.3(2)(v) – Concurrent conviction of the accused-
Issue for Consideration Matter pertains to contempt petition filed by Kachara Vahatuk Shramik Sangh against the Brihanmumbai Municipal Corporation- BMC regarding non-compliance of the order passed by this Court. Headnotes† Contempt – Contempt petition order passed by this Court – Award by the Industrial Tribunal directing the Municipal Corporation of Greater Mumbai (appellant before this Court), to treat 2700 employees of the corporation as permanent employees and extend benefits and status retrospectively from the date of completion of
Issue for Consideration Investigation in Karur stampede, if ought to be transferred to CBI. Headnotes† Transfer of investigation to CBI – Karur stampede – Stampede during a political rally organized in Karur, Tamil Nadu by the Tamilaga Vettri Kazhagam, a regional political party renowned Tamil actor, where huge crowd had gathered at the spot to see him, resulting in loss of 41 lives and causing injuries to more than 100 persons: Held: By way of interim measure, investigation transferred to the CBI – A three-member Supervisory Committee headed by a
Issue for Consideration Whether this Court’s ruling in Kedar Nath Yadav v. State of West Bengal, which directed restoration of acquired land to original landowners/cultivators, extends to respondent no.1 as well. Headnotes† Land Acquisition Act, 1894 – The instant by the State of West Bengal against the judgment dated 11.10.2018 passed by a Division Bench of the High Court in MAT No. 1260/2017 (Impugned Judgment) – By way of the Impugned Judgment, the High Court has upheld the order of the Single Judge in W.P. No. 29621/2016, directing the
Issue for Consideration Matter pertains to the correctness of the order passed by the tribunal substituting the conviction of the appellant u/s.63 of the Army Act for possession of ammunition without license and held him guilty u/s.63, an act prejudicial to good order and discipline. of good order and discipline – Armed Forces Tribunal Act, 2007 – s.15 – Jurisdiction, powers and authority in matters of appeal against court martial – Appellant-Army officer tried by General Court Martial on three charges-civil offence u/s.5(2) of 2006 Act rw s.69 of
Issue for Consideration Whether the construction and delivery of the eight flats specified in Schedule–I formed an essential condition of the agreement to sell, the absence of which would render the agreement incapable of subsistence; whether the agreement in its current form is Building laws; whether the course adopted by the Trial Court in modifying or interpreting the agreement to render it workable in its present form was legally justified; whether the Division Bench of the High Court erred in setting aside the judgment and decree of the Single Judge/Trial Court.
Issue for Consideration Despite fresh appointment of the appellants, the basic question that survives is whether the termination of services of the appellants, on the ground that their graduation certificates were not valid and they had not secured at least 40% marks in the intermediate nature and extent of grant of relief, if any, should the basic question be decided in favour of the appellants; claim of the other appellant (since deceased) in the changed circumstances. Headnotes† Jharkhand Primary School Teacher Appointment Rules, 2012 – Show cause notices
Issue for Consideration Whether in the absence of a Trust being made an accused in a complaint under the Negotiable Instruments Act, 1881, when a Cheque has been issued on behalf of a Trust, the said complaint would be maintainable against the Chairman/a Trustee of the Act, 1881 – Trusts Act, 1882 – Cheque issued in favour of the Appellant under the signature of the Respondent-Chairman of the Trust as authorized signatory of the Trust, was dishonoured – Appellant filed complaint against the Respondent for offences u/ss.138 and 142, NI Act