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Family law

A. RANJITHKUMAR versus E. KAVITHA

The Court held that the parties had been living separately since 2010 with no vestige of matrimonial relationship and the husband had remarried in 2017, so there was no possibility of reconciliation; accordingly, invoking Article 142 the Supreme Court dissolved the marriage and directed payment of permanent alimony of ₹1,25,00,000 to the wife, with payment schedule and consequences for default.

Source excerpt

  • Dissolution of marriage
  • Cruelty
  • Adultery
  • Irretrievable breakdown
  • Permanent alimony
  • Article 142
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Prevention of corruption act, 1988

A. KARUNANITHI versus THE STATE REPRESENTED BY INSPECTOR OF POLICE

Accused No.2 could not be convicted because there was no evidence he demanded the bribe, no proof of connivance and he was not charged with abetment; Accused No.1's conviction was upheld as both demand and receipt of illegal gratification were proved, but his sentence was reduced to the statutory minimum of one year for each offence due to the long delay and the small amount involved.

Source excerpt

  • Demand and acceptance of illegal gratification
  • Trap
  • Marked currency notes
  • Phenolphthalein test
  • Reduction of sentence
  • Absence of charge of abetment
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Pension law

MALA DEVI versus UNION OF INDIA & ORS.

The Court held that the deceased had acquired the status of a temporary railway servant for purposes of the Railway Service (Pension) Rules, 1993 after completion of the necessary continuous service and screening and therefore his family was entitled to family pension under Rule 75 read with Rule 18(3); denial of family pension on grounds of non-regularization or for being short of ten years was unjustified. The respondents were directed to compute and pay arrears and regular family pension within four months and an ex-gratia amount of Rs.5,00,000 was awarded under Article 142.

Source excerpt

  • Family pension
  • Entitlement to family pension
  • Temporary railway servant
  • Regularization of service
  • Ex-gratia award
  • Article 142
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Arbitration and conciliation act, 1996

M/S GAYATRI PROJECT LIMITED versus MADHYA PRADESH ROAD DEVELOPMENT CORPORATION LIMITED

Where an arbitral award has been rendered under the Arbitration and Conciliation Act, 1996 but the M.P. Madhyastham Adhikaran Adhiniyam, 1983 would otherwise apply, an award will not be set aside solely on the ground of lack of jurisdiction if no objection under Section 16(2) was raised at the relevant stage; although jurisdictional pleas may be raised in Section 34 proceedings in certain circumstances, such pleas are subject to waiver principles and the requirement to show strong and sufficient reasons for failure to raise them earlier, and L.G. Chaudhary (II) and Lion Engineering are reconc…

Source excerpt

  • Jurisdiction
  • Waiver
  • Section 16(2)
  • Section 34
  • Applicability of state arbitration statute
  • Conflict of precedents
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Criminal law

SACHIN versus THE STATE OF MAHARASHTRA

The orders of the High Court and consequent orders of the Special Court were erroneous and set aside; the original sentence of rigorous imprisonment for seven years as imposed by the Special Court survives, and because the appellant has already undergone eleven years and eight months of incarceration (more than the original sentence), the Supreme Court, exercising its powers under Article 142, restored the original sentence and directed that the appellant be released forthwith; the pending Criminal Appeal on the High Court file is rendered infructuous and disposed of.

Source excerpt

  • Sentence modification
  • Life imprisonment
  • Article 142
  • Pocso
  • Release from custody
  • Complete justice
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Constitutional law

THE STATE OF TAMIL NADU versus THE GOVERNOR OF TAMIL NADU & ANR.

Article 200 offers only three mutually exclusive options to the Governor when a bill is presented — assent, withhold or reserve for the President; the first proviso is attached to withholding and prevents simpliciter withholding or pocket veto; the Governor cannot reserve a bill for the President after the legislature has reconsidered and repassed it in compliance with the first proviso (unless the repassed bill is materially different); the Governor must act on aid and advice of the Council of Ministers except in narrow constitutionally recognised circumstances; the exercise or inaction of A…

Source excerpt

  • Article 200
  • Article 201
  • Article 142
  • Assent to bills
  • Reservation of bills
  • Withholding of assent
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Public employment

JOMON K.K. versus SHAJIMON P. & ORS. ETC.

Possession of a current Lascar's licence, as prescribed by the Special Rules and the advertisement, was an essential qualification for appointment as Boat Lascar; a holder of a Syrang's licence who did not possess a current Lascar's licence on the last date for receipt of applications was not eligible, and inclusion/appointment of such candidates was contrary to the statutory prescription and void; the appellant, having failed to pursue available remedies promptly and not being able to show a legally protected right, is not entitled to relief, and Article 142 relief is not warranted.

Source excerpt

  • Eligibility criteria
  • Overqualification
  • Non-joinder of necessary parties
  • Article 142
  • Equality of opportunity in public employment
  • Recruitment process
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Constitution of india

RAMESH KUMARAN & ANR. versus STATE THROUGH THE INSPECTOR OF POLICE & ANR.

In the peculiar facts of this case—cross-FIRs arising from the same incident between two members of the Bar, a prior FIR by the appellants, and an unconditional apology and undertakings on oath by the second respondent (and an apology and undertaking by the first appellant after a threat to the Court)—the Supreme Court, exercising its jurisdiction under Article 142, quashed FIR No.500 of 2017 and quashed FIR No.499 of 2017 only as against the second respondent, taking the apologies and undertakings on record and allowing the appeal.

Source excerpt

  • Quashing of fir
  • Article 142
  • First information report
  • Unconditional apology
  • Amicable settlement
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Maharashtra regional & town planning act, 1967

NIRMITI DEVELOPERS THROUGH ITS PARTNERS & ANR. versus THE STATE OF MAHARASHTRA & ORS.

The reservation over the subject plot lapsed by efflux of time because the authorities failed to take requisite steps to acquire the land within the statutory timelines: by operation of Section 49(7) the reservation had lapsed on 02-01-2008 (no acquisition within one year of confirmation) and, on the Section 127 scheme, the reservation also lapsed for failure to acquire or commence acquisition within the prescribed period after notice (lapsing on or before 13-08-2015); accordingly the High Court order was set aside and the reservation declared to have lapsed, freeing the owners/purchasers to…

Source excerpt

  • Reservation of land
  • Lapse of reservation
  • Section 49
  • Section 126
  • Section 127
  • Article 142
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Constitutional law

BERNARD FRANCIS JOSEPH VAZ AND OTHERS versus GOVERNMENT OF KARNATAKA AND OTHERS

Where authorities (State/KIADB) delayed determination and payment of compensation for over two decades causing deprivation of appellants' constitutional right under Article 300-A, the Supreme Court, exercising its extraordinary powers under Article 142, directed that compensation be determined by the SLAO on the basis of market value prevailing as on 22 April 2019 (date of SLAO award) and awarded all statutory benefits under the 1894 LA Act; the SLAO ordinarily lacked jurisdiction to shift the notification date but equitable relief was granted to prevent a travesty of justice and avoid quashi…

Source excerpt

  • Article 300-a
  • Land acquisition
  • Compensation calculation date
  • Delay in payment of compensation
  • Shifting date for market value
  • Karnataka industrial areas development act, 1966
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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