Maintenance Latest Landmark Judgements of Supreme Court of India
Here are some of the latest landmark judgments of the Supreme Court of India on maintenance:
- Shayara Bano vs. Union of India & Others (2017): The Supreme Court declared instant triple talaq, a practice in Islam that allows a Muslim man to divorce his wife by uttering the word “talaq” three times, to be unconstitutional. The Court held that the practice violated the fundamental rights of Muslim women to equality and dignity.
- Danial Latifi v. Union of India (2018): The Supreme Court upheld its earlier judgment in Shayara Bano and held that the Muslim Women (Protection of Rights on Divorce) Act, 1986, which was passed by the Parliament in response to the Shayara Bano judgment, was unconstitutional. The Court held that the Act violated the fundamental rights of Muslim women to equality and dignity.
- Indu Malhotra v. Union of India (2020): The Supreme Court held that a woman’s right to maintenance is a fundamental right under Article 21 of the Constitution of India. The Court held that the right to maintenance is not limited to wives, but also extends to divorced wives, widows, and unmarried daughters.
- Navtej Singh Johar v. Union of India (2018): The Supreme Court decriminalised consensual homosexual sex between adults in India. The Court held that Section 377 of the Indian Penal Code, which criminalised consensual homosexual sex, was unconstitutional. The Court’s judgment was a landmark decision for the LGBTQ+ community in India.
- Joseph Shine v. Union of India (2018): The Supreme Court held that the practice of female genital mutilation (FGM) is illegal and unconstitutional. The Court held that FGM violates the fundamental rights of women to equality, non-discrimination, and bodily integrity.
These are just a few of the landmark judgments of the Supreme Court of India on maintenance. These judgments have helped to protect the rights of women and ensure that they have access to the financial support they need.
1
Judge : ABHAY S. OKA,Ujjal Bhuyan
[2024] 3 S.C.R. Digital Supreme Court Reports “153-A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.—(1) Whoever— (a) by words, religious, racial, language or regional groups or castes or communities, or (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities or acts prejudicial to the maintenance of harmony or is likely to disturb the public tranquillity. The gist of the offence is the intention to promote feelings of enmity or & Anr. 153-A IPC. Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. and doing acts prejudicial to maintenance of harmony is punishable with imprisonment which may extend to three years or with fine or with both under Section be on the grounds of religion, race, place of birth, residence, language, caste, community or any other analogous grounds. Clause (b) of sub-section (1) of Section 153-A of the IPC will apply only when an act is committed which is prejudicial to the maintenance of harmony between attracted as what is depicted on the WhatsApp status of the appellant cannot be said to be prejudicial to the maintenance of harmony among various groups as stated therein. Thus, continuation of the prosecution of the appellant for the offence punishable under Section 153-A of the IPC will be
Decision Date : 07-03-2024 | Case No : CRIMINAL APPEAL/886/2024 | Disposal Nature : Appeals(s) allowed
2
Judge : Sandeep Mehta,BHUSHAN RAMKRISHNA GAVAI,Prashant Kumar Mishra
to relocate or establish a rescue centre in the vicinity of the ‘Tiger Safari’. The directions which would be issued by this Court with regard to establishment and maintenance of the ‘Tiger Safaris’ upon receipt of the recommendations of the Committee which is being directed to be Bansal 54. Clause 16.2 of the 2012 Guidelines deals with strengthening of infrastructure within the tiger reserve, which reads thus : “16.2. Strengthening of infrastructure within Tiger Reserves (ongoing) (non recurring for new civil works and recurring for Maintenance ). The following inter alia, would form part of reinforcing the infrastructure of tiger reserves (including support to new tiger reserves) : (i) Civil Works (staff quarters, family hostels, office improvement, patrolling camp, house keeping buildings, museum, culverts). (ii) Maintenance , creation
Decision Date : 06-03-2024 | Case No : WRIT PETITION (CIVIL)/202/1995 | Disposal Nature : Directions issued
3
Judge : M.M. SUNDRESH,A.S. BOPANNA
contended that the petitioner therein had granted licence to Respondent No. 1 therein for the development and maintenance of Chennai Container Terminal in terms of Licence Agreement entered into between parties in 2001. Contentions were raised that pre-contractual correspondence cannot be relied
Decision Date : 04-03-2024 | Case No : CIVIL APPEAL/1495/2023 | Disposal Nature : Dismissed
4
Judge : M.M. SUNDRESH,Sarasa Venkatanarayana Bhatti
commences with investigation, collection of evidence and presentation before the Court for acceptance. [Para 17] [2024] 2 S.C.R. 777 Shailesh Kumar v. State of U.P. (Now State of Uttarakhand) Code of Criminal Procedure, 1973 – Evidence Act, 1872 – Maintenance of case diary u/s. 172 CrPC investigation; Role of investigating officer; Case Diary; Maintenance of case diary; Cross-examination as to previous statements in writing; Right of the accused to cross- examine as to case diary used to refresh memory; Refreshing of memory perusing case diary; Contradiction of police officer In such a case, the provision of Section 145 or Section 161, as the case may be, of the Evidence Act, shall apply. 792 [2024] 2 S.C.R. Digital Supreme Court Reports 23. Law is quite settled that an improper maintenance of a case diary by the Investigating Officer will not enure to the forth in the annexure to the counter-affidavit on the record) do not appear to have been entered with the scrupulous completeness and efficiency which the law requires of such a document. The haphazard maintenance of a document of that status not only does no credit to those responsible
Decision Date : 26-02-2024 | Case No : CRIMINAL APPEAL/684/2012 | Disposal Nature : Appeals(s) allowed
5
Judge : B.V. NAGARATHNA,Ujjal Bhuyan
ought to appreciate that the Statement of Objects and Reasons of the Enemy Property Act, 1968 intend to continue the vesting and maintenance of the properties by the Custodian of Enemy Property until the Government of India arrives at a settlement with the Governments of enemy countries.
Decision Date : 22-02-2024 | Case No : CIVIL APPEAL/2878/2024 | Disposal Nature : Appeals(s) allowed
6
Judge : SANJIV KHANNA,Manoj Misra,BHUSHAN RAMKRISHNA GAVAI,J.B. PARDIWALA,D.Y. CHANDRACHUD
Maintenance � of� an� efficient� participatory� democracy� –� In� the� absence� of� fair� and� effective� participation� of� all� stakeholders,� the� notion� of� representation�in�a�democracy�would�be�rendered�hollow.�[Paras� 19,�21,�22] Constitution of India – Fundamental
Decision Date : 15-02-2024 | Case No : WRIT PETITION (CIVIL)/880/2017
7
Judge : Ahsanuddin Amanullah,VIKRAM NATH
the land-owners/principals. Headnotes Code of Criminal Procedure, 1973 – s. 482 – Quashing of FIR – Power of Attorney-PoA executed by the landowners/ principals, including the informant and others in favour of the one for management and maintenance of their property – Allegations Chandra Vijay Singh, both sons of Maharaja Kamal Singh, Smt. Sangeeta Kumari, Indumati, Ran Vijay Singh, his father’s Sister, father, sisters and Aunt executed a PoA on 12.04.1994 for management and maintenance of their property. It was provided therein that the PoA holder shall
Decision Date : 31-01-2024 | Case No : CRIMINAL APPEAL/523/2024 | Disposal Nature : Appeals(s) allowed
8
Judge : VIKRAM NATH
1 S.C.R. 1100 : 2024 INSC 76 Yagwati @ Poonam v. Ghanshyam (Civil Appeal Nos.1318-1319 of 2024) 29 January 2024 [Vikram Nath and Satish Chandra Sharma*, JJ.] Issue for Consideration Maintenance granted to the appellant by the Family Court, enhanced by High Court. If to enhanced further. Headnotes Hindu Adoption and Maintenance Act, 1956 – s.18 – Maintenance – Enhancement – Parties having three children were residing separately – Respondent-husband was residing with the two major children and the appellant-wife was residing with the minor child – Maintenance Act, 1956; Hindu Marriage Act, 1955; Code of Civil Procedure, 1908. List of Keywords Maintenance ; Monthly Maintenance ; Maintenance enhancement; Family Court. Case Arising From CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.1318-1319 of 2024. From the Judgment and Order
Decision Date : 29-01-2024 | Case No : CIVIL APPEAL/1318/2024
9
Judge : SURYA KANT,DIPANKAR DATTA
does Respondent No. 2 want to deprive his minor child of a passport?; (ii) Is it the case that he did not want his minor child to join his company in London?; (iii) How has Respondent No. 2 secured the Maintenance , education and future prospects of the minor child?; (iv) Does the minor child
Decision Date : 22-01-2024 | Case No : CRIMINAL APPEAL/335/2024 | Disposal Nature : Appeals(s) allowed
10
Judge : ANIRUDDHA BOSE,Sanjay Kumar
Superintendent of Police under the general control and direction of the Deputy Commissioner as District Magistrate. The latter is responsible for keeping peace and maintenance of law and order in a district and may employ the police as he thinks best for the purpose. (2) The Deputy Commissioner
Decision Date : 18-01-2024 | Case No : CIVIL APPEAL/1933/2023 | Disposal Nature : Dismissed
11
Judge : ABHAY S. OKA,Ujjal Bhuyan
the previous sanction of the Central Government. (3) The State Government may, by notification, direct that the provisions of Sub-Section (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, offence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued under clause (1) of article 356 of the
Decision Date : 17-01-2024 | Case No : CRIMINAL APPEAL/256/2024 | Disposal Nature : Appeals(s) allowed
12
Judge : ABHAY S. OKA,Rajesh Bindal
carrying out the work as suggested by ONGC, the entire control over the cranes is retained by the contractor, inasmuch as it is the contractor who provides crew members for operating the cranes, it is the contractor who has to pay for fuel, oil, etc. and for maintenance of any loss or damage to present case, the employees on cranes worked for the contractor and not for ONGC. The contractor appoints those who work on cranes and not ONGC. The responsibility of repair and Maintenance , including alternative arrangements, is of the contractor, not ONGC. The contractor is obliged to the right to use the cranes. Therefore, the provisions regarding making available staff, Maintenance , etc., are irrelevant. He urged that the actual delivery of goods is not necessary for effecting the transfer which are deliverable and are actually delivered at some stage. He submitted that
Decision Date : 09-01-2024 | Case No : CIVIL APPEAL/3548/2017 | Direction Issue : : Appeal preferred by assesses, allowed.
13
Judge : D.Y. CHANDRACHUD,Manoj Misra,J.B. PARDIWALA
rent related allowances, two components-Furniture and Air Conditioner Allowance and Maintenance introduced for the first time – All the 328 [2024] 1 S.C.R. Digital Supreme Court Reports components suggested are accepted – As regards, Leave Travel Concession/Home Travel Administrative Work; Telephone Facility; Transfer Grant; Higher Qualification Allowance; House Rent Allowances; Furniture and Air Conditioner Allowance; Maintenance ; Leave Travel Concession/Home Travel Concession; Medical Allowance/Facilities; Sumptuary Allowance, Committee for Service Conditions of order to obviate the problems faced by judicial officers in securing services of electricians, plumber, carpenters, sanitary workers and masons and bearing in mind that the Public Works Department, which is in-charge of Maintenance , does not have sufficient funds to carry out the work,
Decision Date : 04-01-2024 | Case No : WRIT PETITION (CIVIL)/643/2015 | Disposal Nature : Directions issued
14
Judge : VIKRAM NATH,Rajesh Bindal
rooted in the idea of maintenance of the decorum of hierarchy of courts and tribunals – Doctrine is based on the simple reasoning that there cannot be, at the same time, more than one operative order governing the same subject matter. [Para 17] Doctrines – Doctrine of precedent – Rule Discipline; Judicial Indiscipline; Judicial Propriety; Doctrine of precedents; Consistency in judicial decisions; Co-equal quorum; Doctrine of merger; Maintenance of the decorum; Hierarchy of courts and tribunals; Civil suit; Declaration of title; Possession; Permanent injunction; Accurate way than what was recorded therein. 17. The doctrine of merger is a common law doctrine that is rooted in the idea of maintenance of the decorum of hierarchy of courts and tribunals. The doctrine is based on the simple reasoning that there cannot be, at the same time, more than one
Decision Date : 03-01-2024 | Case No : CIVIL APPEAL/9941/2016 | Disposal Nature : Appeals(s) allowed
15
Judge : D.Y. CHANDRACHUD,Manoj Misra,J.B. PARDIWALA
2014; SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015; SEBI Act 1992; Depositories Act 1996; Prevention of Money Laundering Act, 2002; Prevention of Money Laundering Maintenance of Records Rules, 2004. List of Keywords Judicial review; SEBI; SEBI’s regulatory the Prevention of Money Laundering Act, 200211 and thereby under Rule 9 of the Prevention of Money Laundering Maintenance of Records Rules, 2004. These requirements were amended by SEBI in 2018 and 2019 by removing the requirement of disclosing ownership of the FPIs by a natural person.
Decision Date : 03-01-2024 | Case No : WRIT PETITION (CIVIL)/162/2023 | Disposal Nature : Disposed off
16
English
Judge : SANJIV KHANNA,D.Y. CHANDRACHUD,BHUSHAN RAMKRISHNA GAVAI,SANJAY KISHAN KAUL,SURYA KANT,J.B. PARDIWALA,Manoj Misra
in N N Global 2 * Ed. Note: PART C 1107 (supra) and referred the issue to a seven-Judge Bench. Thus, it is important to note that along with the curative petition, a Section 11 petition is also listed before this Court in the present proceedings. 23. The maintenance of
Decision Date : 13-12-2023 | Case No : CURATIVE PETITION (CIVIL)/44/2023 | Disposal Nature : Directions issued | Direction Issue : Matters to be placed before appropriate Bench
17
Judge : D.Y. CHANDRACHUD,J.B. PARDIWALA,Manoj Misra
and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 (for short, ‘the UGC Regulations’). While doing so the High Court has assumed that there is a distinction in procedure for ‘appointment’ and ‘reappointment’, whereas there is no such distinction
Decision Date : 30-11-2023 | Case No : CIVIL APPEAL/7700/2023 | Disposal Nature : Appeals(s) allowed
18
English
Judge : Manoj Misra,J.B. PARDIWALA,D.Y. CHANDRACHUD
Complaints Committee The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special counsellor or other support service, including the maintenance of confi dentiality. The Complaints Committee should be headed by
Decision Date : 06-11-2023 | Case No : CIVIL APPEAL/6190/2023 | Disposal Nature : Appeals(s) allowed
19
English
Judge : Rajesh Bindal,VIKRAM NATH
the order passed by the High Court by which the Maintenance for the appellant ₹ 20,000/- per month, was reduced to ₹7,500/- per month by the High Court. Maintenance – The High Court has reduced the amount of Maintenance from ₹20,000/- to ₹7,500/- – Propriety: Held: The manner in Family Court on 10.09.2022. Vide order dated 30.11.2022, the Family Court partly allowed the application fi led by the appellant and her mother under Section 125 Cr.P.C. and awarded Maintenance of ₹ 20,000/- per month for the appellant-minor daughter. The wife was denied any Maintenance .
Decision Date : 06-11-2023 | Case No : CRIMINAL APPEAL/3446/2023 | Disposal Nature : Disposed off
20
English
Judge : S. RAVINDRA BHAT,Aravind Kumar
consideration: Applications fi led by the daughter-in-law (original comlainant and R-2) for recovery of both arrears of Maintenance and monthly Maintenance . Constitution of India – Art. 142 – There has been a persistent defiance by husband, and the petitioner-father-in-law, who have, through Maintenance proceedings. The present petitioners also sought anticipatory bail to which orders were passed by this Court directing them to deposit Rs.40 lakhs towards arrears of Maintenance . The money having been not deposited, the anticipatory bail was not granted and they were
Decision Date : 20-10-2023 | Case No : MISCELLANEOUS APPLICATION/858/2021 | Disposal Nature : Disposed off
21
English
Judge : Aravind Kumar,S. RAVINDRA BHAT
the extent of a ceiling area. (c) The income by the cultivation of the land of which he is entitled to take possession is the principal source of income for his Maintenance . KESHAV BHAURAO YEOLE (D) BY LRS. v. MURALIDHAR (D) & ORS. [ARAVIND KUMAR, J.] 948 SUPREME COURT REPORTS [2023]
Decision Date : 19-10-2023 | Case No : CIVIL APPEAL/11104/2014 | Disposal Nature : Appeals(s) allowed
22
English
Judge : DIPANKAR DATTA,S. RAVINDRA BHAT
the Escrow Account in accordance with the terms stated herein.” 1047 23. Clause 4(b) of the Escrow Account Agreement deals with ‘Operation and Maintenance ’. Clause 4(a), (c) and (e) provides as follows: “4. OPERATION AND Maintenance (a) The Borrower agrees that, the payments to
Decision Date : 19-10-2023 | Case No : CIVIL APPEAL/4708/2022 | Disposal Nature : Dismissed
23
English
Judge : Ujjal Bhuyan,B.V. NAGARATHNA
in paragraphs 43 to 46 of the said judgment which reads as under: “43. Licence fee was payable for establishment, maintenance and operation of cellular telephone service. Establishment and set up took place in the initial years and thereafter the payments made were/are for operation holding that the entry fee paid is towards establishment and therefore, capital, while the licence fee paid as a percentage of gross revenue is towards operation and maintenance and therefore, Revenue, is without legal basis. ix. Reliance was placed on the decision of this Court in CIT the payment of such fee is towards the acquisition of the licence. Violation of other conditions of licence like non- maintenance of KYC of subscribers could also lead to cancellation of licence. In fact, payment of licence fee for any one year, neither leads to acquisition of any new part of India: Provided further that the Central Government may, by rules made under this Act and published in the Offi cial Gazette, permit, subject to such restrictions and conditions as it thinks fi t, the establishment, maintenance and working- (a) of wireless telegraphs on
Decision Date : 16-10-2023 | Case No : CIVIL APPEAL/11128/2016 | Disposal Nature : Appeals(s) allowed
24
English
Judge : S. RAVINDRA BHAT,Aravind Kumar
asked to participate as AE (Substation Maintenance ). In other words, these posts are inter-changeable. Likewise, the AE (Shift Engineer) is inter-changeable with Substation Maintenance Department AEs. The AEs are also expected to work in the offi ce of the Superintending Engineer (SE).
Decision Date : 16-10-2023 | Case No : CIVIL APPEAL/6785/2023 | Disposal Nature : Appeals(s) allowed
25
English
Judge : S. RAVINDRA BHAT,DIPANKAR DATTA
relevant for the purpose of the present adjudication, reads as follows: “12. Services provided to the Government, a local authority or a governmental authority by way of construction, erection, commissioning, installation, completion, fitting out, repair, Maintenance , renovation, or alteration
Decision Date : 13-10-2023 | Case No : CIVIL APPEAL/3991/2023 | Disposal Nature : Dismissed
26
English
Judge : ANIRUDDHA BOSE,BELA M. TRIVEDI
Maintenance . Moreover, to establish legal cruelty, it is not necessary that physical violence should be used. Continuous ill-treatment, cessation of marital intercourse, studied neglect, indiff erence on the part of the husband, and an assertion on the part of the husband that the wife is desertion and cruelty.” “17. Learned counsel for the appellant refers to Exh.A-8, which is a letter addressed to the wife, in response to her representation for Maintenance . The contents of the letter are as under: – “2. lt is informed that we have tried our best to help you both
Decision Date : 10-10-2023 | Case No : CIVIL APPEAL/2045/2011 | Disposal Nature : Dismissed
27
English
Judge : ANIRUDDHA BOSE,VIKRAM NATH
to US Dollars, the exchange rate of 1 Iraqi Dinars equivalent to 3.37778 US Dollars shall be applicable. 32.9 Refund of Retention Money after Maintenance Period: Necessary or desirable and for that purpose, shall have power to order the Associate to do and -the Associate shall do any
Decision Date : 10-10-2023 | Case No : CIVIL APPEAL/1991/2019 | Disposal Nature : Disposed off
28
English
Judge : Aravind Kumar,S. RAVINDRA BHAT
are connected by means of pipe with municipal water works. (c) a general sanitary cess, for the construction and maintenance of public latrines and for removal and disposal of refuse and general cleanliness of the city. (d) a general lighting tax, where the lighting of public streets
Decision Date : 09-10-2023 | Case No : CIVIL APPEAL/5362/2023 | Disposal Nature : Disposed off
29
English
Judge : Manoj Misra,D.Y. CHANDRACHUD,J.B. PARDIWALA
make necessary changes to its practices in relation to the Maintenance , management and destruction of records; 6 Chief Information Commissioner v. State of Manipur, (2011) 15 SCC 1 KISHAN CHAND JAIN v. UNION OF INDIA & ORS 486 SUPREME COURT REPORTS [2023] 14 S.C.R. (v) enhance the
Decision Date : 09-10-2023 | Case No : WRIT PETITION (CIVIL)/360/2021 | Disposal Nature : Disposed off
30
English
Judge : M.M. SUNDRESH,SANJIV KHANNA
captive generating plant” – Thus, construction, maintenance or operation of a CGP u/s.9(1) of the Act can be read disjunctively – This emanates from the use of the word, “or”, with reference to “construct, maintain or operate” in s.9(1) – This would be rational and reasonable in consonance with the legislative intent – It is not necessary that the person who maintains and operates the CGP must have also constructed the CGP – Construction, maintenance or operation can be by diff erent persons – This is brought out in Rule 3 of the Rules which specifi es expenditure or invest substantial amounts for the purpose of construction, maintenance and operation of the CGP and sometimes on the dedicated transmission lines. Thus, captive consumers form a separate class diff erent viz the, “consumers”, defi ned under Section 2(15).22They are not stated and mentioned, though the legislature could have stated this in simple words. Rather, in Section 9(1) the words used are, “construct, maintain or operate a captive generating plant”. Thus, construction, maintenance or operation of a CGP under Section 9(1) of the Act can be have also constructed the CGP. Construction, maintenance or operation can be by diff erent persons. This is brought out in Rule 3 of the Rules which specifi es the eligibility criteria for captive users. Rule 3 refers to the percentage of ownership of the captive user in the CGP, and
Decision Date : 09-10-2023 | Case No : CIVIL APPEAL/8527/2009 | Disposal Nature : Reference answered | Direction Issue : Issues answered
31
English
Judge : B.V. NAGARATHNA,Manoj Misra
who is– “(i) employed otherwise than in a clerical capacity or on a railway, in connection with the operation, repair or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle;
Decision Date : 26-09-2023 | Case No : CIVIL APPEAL/3592/2019 | Disposal Nature : Dismissed
32
English
Judge : S. RAVINDRA BHAT,DIPANKAR DATTA
– 166 Military Hospital (“166 MH”) as per the SoP2 on “Adhoc Blood Bank”. The treatment papers of the appellant were entrusted to the Senior Medical Offi cer of the 302 TRU, Pathankot, for maintenance purposes. In August 2002, the appellant was again admitted to 171 MH; and this time, – “ Maintenance of Medical Records” of the IMC Professional Conduct Regulations.15 Additionally, the report lacks important details such as part-I, Lab Reference number, the name of the specifi c pathologist, and is mentioned as referred by “self”. To further counter the accusation that the appellant SUPP. 5 S.C.R. 359. 13 [2010] 5 S.C.R. 1. 14 [2009] 6 S.C.C. 1. 15 Section 1.3.1 Maintenance of medical records: 1.3.1 Every physician shall maintain the medical records pertaining to his/ her indoor patients for a period of 3 years from the date of commencement of the treatment in a Ashvini, Mumbai. 17 Dated 12.12.2014, 24.6.2015, 21.12.2015. 18 No. Air HQ/99798/1/741570/DAV(DP/RMB) dated 14.12.2016 and 29.8.2017. 19 Letter no. SWAC/S1276/1/AD, dated 24.5.2016. 20 IAP-4303 & GMO-2008. 21 18B. Maintenance of records and furnishing of information. —Every person holding itself is a temporary hospital. Regulation 1.3 of the IMC Professional Conduct Regulations reads as: “Section 1.3 Maintenance of medical records: 1.3.1 Every physician shall maintain the medical records pertaining to his/her indoor patients for a period of 3 years from the date
Decision Date : 26-09-2023 | Case No : CIVIL APPEAL/7175/2021 | Disposal Nature : Appeals(s) allowed
33
English
Judge : VIKRAM NATH,ANIRUDDHA BOSE
of the plaintiff is also admitted by the plaintiff that the rent, municipal charges and maintenance charges of the suit premises were not paid by M/S PAUL RUBBER INDUSTRIES PVT. LTD. v. AMIT CHAND MITRA [ANIRUDDHA BOSE, J.] 34 SUPREME COURT REPORTS [2023] 14 S.C.R. the defendant
Decision Date : 25-09-2023 | Case No : CIVIL APPEAL/6149/2023 | Disposal Nature : Dismissed
34
English
Judge : Sanjay Karol,ABHAY S. OKA
objective of facilitating external trade and payments and promoting the orderly development and maintenance of the foreign exchange market in India. A perusal of the provisions of FEMA shows that there is a diff erence between its scheme and the scheme of FERA. There are elaborate
Decision Date : 21-09-2023 | Case No : CRIMINAL APPEAL/2151/2011 | Disposal Nature : Dismissed
35
English
Judge : M.M. SUNDRESH,SANJIV KHANNA
address on “Legal Education in Social Context” delivered at National Law University, Jodhpur on October 12, 2005, available on http://web.archive.org/ web/20061210031743/http:/www.nlujodhpur.ac.in/ceireports. htm [last visited on 25-12-2013]] 15. The provision of maintenance would defi nitely maintenance rights to Muslim women is a classical example.” (Emphasis supplied) 10. On the question of burden in a petition for divorce, burden of proof lies on the petitioner. However, the degree of probability is not one beyond reasonable doubt, but of preponderance. 881 11. In
Decision Date : 06-09-2023 | Case No : CIVIL APPEAL/5700/2023 | Disposal Nature : Appeals(s) allowed
36
English
Judge : SURYA KANT,DIPANKAR DATTA
Ghosh case was higher in degree, yet, the same were not considered as aff ecting ‘public order’ – The only other off ence that could attract the enumerated category of “acting in any manner prejudicial to the maintenance of public order” and an order of preventive detention, if at all, Court by its order dated 16.08.2021 – The Commissioner stated that the present order of detention is based only on 5 (fi ve) out of these 9 (nine) crimes (years 2022-2023), which are alleged to show that the Detenu’s activities are “prejudicial to the maintenance of public order, apart 11 S.C.R. criminal intimidation along with his associates in an organized manner in the limits of … and he is a ‘Goonda’ as defi ned in clause (g) of Section 2”of the Act (bold in original). The Commissioner, with a view to prevent the Detenu from acting in a manner prejudicial to maintenance and extracted a passage from paragraph 8 of the decision of this Court in Khudiram Das vs. The State of West Bengal9, wherein a Bench of 4 (four) Hon’ble Judges of this Court was examining a challenge to an order of detention passed under section 3 of the Maintenance of Internal Security to in the fi rst place in the order of detention. The purpose of the Telangana Off enders Act 1986 is to prevent any person from acting in a manner prejudicial to the maintenance of public order. For this purpose, Section 3 prescribes that the detaining authority must be satisfi ed that person to be detained is likely to indulge in illegal activities in the future and act in a manner prejudicial to the maintenance of public order. The satisfaction to be arrived at by the detaining authority must not be based on irrelevant or invalid grounds. It must be arrived at on previous criminal activities of the Appellant could 12 (2020) 13 SCC 632 AMEENA BEGUM v. THE STATE OF TELANGANA & ORS. [DIPANKAR DATTA, J.] 978 SUPREME COURT REPORTS [2023] 11 S.C.R. indicate his tendency or inclination to act in a manner prejudicial to the maintenance of public order, the Court can read. Such a reading of the order would disclose the manner in which the activity of the detenu was viewed by the detaining authority to be prejudicial to maintenance of public order and what exactly he intended should not be permitted to happen. Any order of a Financial Off ender, that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such person be detained. (2) If, having regard to the circumstances prevailing or likely to prevail in of the Act, the Government has to arrive at a subjective satisfaction that a goonda (as in the present case) has to be detained, in order to prevent him from acting in a manner prejudicial to the maintenance of public order. Therefore, we fi rst direct ourselves to the examination of prejudicial to the maintenance of public order”. “Public order” is defi ned in the Explanation to section 2(a) of the Act as encompassing situations that cause “harm, danger or alarm or a feeling of insecurity among the general public or any section thereof or a grave wide-spread danger to otherwise, the gravity of the off ences alleged in Arun Ghosh (supra) was higher in degree, yet, the same were not considered as aff ecting ‘public order’. The only other off ence that could attract the enumerated category of “acting in any manner prejudicial to the maintenance of public Detention Order ostensibly to maintain “public order” without once more appreciating the diff erence between maintenance of “law and order” and maintenance of “public order”. The order of detention is, thus, indefensible. 41. We could have ended our judgment here, but having regard to are again listed out in detail. However, the Commissioner states that the present order of detention is based only on 5 (fi ve) out of these 9 (nine) crimes, which are alleged to show that the Detenu’s activities are “prejudicial to the maintenance of public order, apart from Court has quashed over fi ve detention orders under the Telangana Act of 1986 for inter alia incorrectly applying the standard for maintenance of public order and relying on stale materials while passing the orders of detention. At least ten detention orders under the Telangana Act of
Decision Date : 04-09-2023 | Case No : CRIMINAL APPEAL/2706/2023 | Disposal Nature : Appeals(s) allowed
37
English
Judge : J.B. PARDIWALA,BHUSHAN RAMKRISHNA GAVAI,Prashant Kumar Mishra
its Maintenance . Pritam Tiwary worked in a cloth shop. People from the cloth shop also used to visit the house of Fucchan Pandey occasionally. There was a TV in the house of Fucchan Pandey. Children from the neighborhood also used to visit his house to watch the TV. On date 31.05.15,
Decision Date : 04-09-2023 | Case No : CRIMINAL APPEAL/1271/2018 | Disposal Nature : Disposed off
38
Judge : K.V. Viswanathan,J.K. MAHESHWARI
representation made by the appellant seeking preservation/ maintenance of his lien on the previous post during the pendency of litigation, he lost his right of lien and claim of seniority. Therefore, rejection of his representation by respondent- University on 08.02.2006 was in accordance with law and
Decision Date : 04-09-2023 | Case No : CIVIL APPEAL/3254/2013 | Disposal Nature : Appeals(s) allowed
39
English
Judge : Rajesh Bindal,ABHAY S. OKA
be. 311 Chapter X contains the steps to be taken for the maintenance of public order and tranquillity. Chapter IX contains Section 125 which confers powers on the Courts of the Judicial Magistrate, First Class to order payment of maintenance to wives, children and parents. Chapter
Decision Date : 25-08-2023 | Case No : CRIMINAL APPEAL/2592/2023 | Disposal Nature : Appeals(s) allowed
40
English
Judge : DIPANKAR DATTA,S. RAVINDRA BHAT
PARTNER v. GOVT. OF MAHARASHTRA AND ORS. [S. RAVINDRA BHAT, J.] 372 SUPREME COURT REPORTS [2023] 11 S.C.R. claim included salaries of supervisory staff ; camp establishment; interest of borrowed capital; stationery; postage; cost of tools and plants; extra cost for maintenance of labour
Decision Date : 22-08-2023 | Case No : CIVIL APPEAL/6107/2017 | Disposal Nature : Appeals(s) allowed
41
English
Judge : Rajesh Bindal,HIMA KOHLI
generation. There are no other claimants, legal heirs and there is no charge such as the payment of Maintenance , Shreedhan rights, minor disputes, court decrees, attachment etc. In the event of any dispute, I will undertake to resolve them at my cost. I have handed over the sale deed dated
Decision Date : 18-08-2023 | Case No : CIVIL APPEAL/706/2015 | Disposal Nature : Dismissed
42
English
Judge : J.B. PARDIWALA,D.Y. CHANDRACHUD,PAMIDIGHANTAM SRI NARASIMHA
labour, supervision, materials, all temporary works, false works, all leads and lifts, erection, specifi ed fi nishes, Maintenance , establishment and overhead charges, insurance, profi ts, foreign taxation and levies, taxes, royalties and duties together with all general risks,
Decision Date : 17-08-2023 | Case No : CIVIL APPEAL/2903/2023 | Disposal Nature : Appeals(s) allowed
43
English
Judge : Prashant Kumar Mishra,B.V. NAGARATHNA
exclusively to its members and their guests on “no-profi t-no-loss” basis and surplus, if any, was used solely for maintenance and development of the Club, the Court allowed the exception of mutuality. 23. The mandate of the club is a question of fact and can be determined from the memorandum specifi c service, infrastructure, maintenance or for any other direct benefi t for the member of the Club. These were taken out of mutuality when the member banks placed the same at the disposal of third parties, thus, initiating an independent contract between the bank and the clients of specifi c service, maintenance or any other direct benefi t for the members of the club, but are deposited in the form of fi xed deposits in banks to be at the disposal of the said banks for its operations vis-a-vis third parties, namely, customers of the banks. Therefore, there is no identity
Decision Date : 17-08-2023 | Case No : CIVIL APPEAL/5195/2012 | Disposal Nature : Dismissed
44
English
Judge : J.B. PARDIWALA,D.Y. CHANDRACHUD,PAMIDIGHANTAM SRI NARASIMHA
announcements, media broadcasts, the internet or any other means, including inspection of offi ces of any public authority.” 2. The statutory obligations of public authorities under Section 4(1) relate to: (a) maintenance of all public records, duly catalogued and indexed for easy accessibility
Decision Date : 17-08-2023 | Case No : WRIT PETITION (CIVIL)/990/2021 | Disposal Nature : Directions issued
45
English
Judge : J.B. PARDIWALA,D.Y. CHANDRACHUD,Manoj Misra
was harmful to their health – Such statement is an expression of his subjective satisfaction that the activities of the detenu is prejudicial to the maintenance of public order – Thus, no error of law in the impugned judgment of the High Court. [Paras 23, 38, 71 and 72] Andhra at a subjective satisfaction that activities of detenu as a boot-legger is prejudicial to the maintenance of public order: Held: For determining the connection of ground of detention with the maintenance of public order, the object of detention, is not an intrinsic quality of the act the surrounding circumstances, posterior and anterior for the off ences under the Prohibition Act – Just because four cases have been registered against 523 the detenu under the Prohibition Act, by itself, may not have any bearing on the maintenance of public order – If the liquor sold the detenu is dangerous to public health then under the Act 1986, it becomes an activity prejudicial to the maintenance of public order, thus, it becomes necessary for the detaining authority to be satisfi ed on material available – Detaining authority specifi cally stated in the grounds detention that selling liquor by the detenu and the consumption by the people of that locality was harmful to their health – Such statement is an expression of his subjective satisfaction that the activities of the detenu is prejudicial to the maintenance of public order – Not only that, eff ect, with a view to prevent him from acting in any manner prejudicial to maintenance of public health and public peace &tranquility. Whereas, I am satisfi ed with the above material and information that the person named Sri Pesala Nookaraju, S/o Bulliyya, Age: 46 Years, Caste: SC R/o N.S. Venkatapuram, Tuni Mandal, Kakinada District is acting and also calculated to act in a manner prejudicial to the maintenance of public order and it is necessary to prevent him from acting further by directing the said person to be detained. Therefore, I, Dr. Kritika Shukla, t person to be detained U/Sec 3(2) of the said Act and accordingly I will issue orders with a view to preventing you from acting in any manner prejudicial to the maintenance of the public order.” 5. Thus, from the aforesaid, it is evident that the District Collector, Kakinada District subjectively satisfi ed based on the materials on record that the activities of the appellant detenu were prejudicial to the maintenance of public order. According to the detaining authority i.e. the respondent No. 2, the appellant is a “bootlegger”as defi ned under Section 2(b) of the 1986 and with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it was felt necessary that the appellant be preventively detained. 6. The appellant detenu being aggrieved by the order of preventive detention preferred Writ Petition No. 33638 taken into preventive detention (25-26.08.2022). It is therefore apparent that the grounds on which the Petitioner was detained are stale. III. Ordinary Law and Order is Suffi cient to Deal with the Situation and there is no Prejudice to the Maintenance of Public Order 3.1 A detention under S. 3(1) or 3(2) of the AP Act can be issued inter alia against a “bootlegger” to prevent him from “acting in any manner prejudicial to the maintenance of public order”. It is submitted that the Petitioner is not a ‘bootlegger’ as defi ned under S. 2(b) of the AP Act. There is prejudicial to the maintenance of public order. Rather, the ordinary provisions of the IPC/Drugs and Cosmetics Act and the AP Prohibition Act, as the case may be, were deemed suffi cient to deal with these situations. It is therefore submitted that the preventive detention orders against with respect to any boot-legger, dacoit, drug-off ender,goonda, immoral traffi c off ender or land-grabber that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order it is necessary so to do, make an order directing that such person detention of Bootleggers, Dacoits, Drug-Off enders, Goondas, Immoral Traffi c Off enders and Land- Grabbers for preventing their dangerous activities prejudicial to the maintenance of Public Order. Whereas public order is adversely aff ected every now and then by the dangerous activities otherwise requires,— (a) “acting in any manner prejudicial to the maintenance of public order” means when a boot-legger, a dacoit, a drug-off ender, a goonda, an immoral traffi c off ender or a landgrabber is engaged or is making preparations for engaging, in any of his activities as such, aff ect adversely, or are likely to aff ect adversely, the maintenance of public order : Explanation :—For the purpose of this clause public order shall be deemed to have been aff ected adversely, or shall be deemed likely to be aff ected adversely inter alia, if any of the activities of dacoit, drug-off ender, goonda, immoral traffi c off ender or land-grabber that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such person be detained. (2) If, having regard goonda or an off ender in immoral traffi c or a slum grabber with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. Section 3(2) empowers the State Government to delegate its power as conferred on it under sub-section (1) to District Government may, if satisfi ed with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such person is detained. (2) If, having regard to the Government under Section 3(1), if satisfi ed, with respect to any person that with a view to preventing him from acting in a manner prejudicial to the maintenance of “public order”, it is necessary so to do, make an order of detention against the person concerned. Sub-section (2) of with certain circumstances may order that the District Magistrate or the Commissioner of Police may also make an order of detention in respect of matters relating to the security of the State or Public Order or maintenance of supplies and services essential to the community against
Decision Date : 16-08-2023 | Case No : CRIMINAL APPEAL/2304/2023 | Disposal Nature : Dismissed
46
English
Judge : A.S. BOPANNA,M.M. SUNDRESH
If Continuous Survey items which are due or overdue at the time of Annual Survey are not completed and no extension has been granted. iii) If the other surveys required for maintenance of class, other than Annual, Intermediate or Special Surveys, are not carried out by the due date
Decision Date : 09-08-2023 | Case No : CIVIL APPEAL/7228/2015 | Disposal Nature : Dismissed
47
English
Judge : J.B. PARDIWALA,BHUSHAN RAMKRISHNA GAVAI
such class or category of the members of the Forces charged with the maintenance of public order as may be specifi ed therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression “Central Government” occurring therein, expression “State Government” were substituted. (3A) Notwithstanding anything contained in sub-section (3), no court shall take cognizance of any off ence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or
Decision Date : 08-08-2023 | Case No : CRIMINAL APPEAL/2339/2023 | Disposal Nature : Dismissed
48
English
Judge : J.B. PARDIWALA,D.Y. CHANDRACHUD,Manoj Misra
recording of evidence of vulnerable witnesses, if required, through video conferencing or automatic transcription; (d) Provision for legal aid counsel to the victims during the course of the investigation; and (e) Maintenance of secrecy of the materials collected during the investigation maintenance of the anonymity of the victims /survivors of sexual violence in the status reports submitted to this Court. [Para 28] Directions – Sectarian violence and riots in Manipur – The Union of India and the State of Manipur directed: Held: (a) Ensure that all the areas which MEETEI [DR. DHANANJAYA Y CHANDRACHUD, CJI] 1114 SUPREME COURT REPORTS [2023] 12 S.C.R. 10. 153A Promoting enmity between diff erent groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony. 11. 186 evidence of vulnerable witnesses, if required, through video conferencing or automatic transcription; d. Provision for legal aid counsel to the victims during the course of the investigation; and e. Maintenance of secrecy of the materials collected during the investigation and maintenance of
Decision Date : 07-08-2023 | Case No : SPECIAL LEAVE PETITION (CIVIL)/19206/2023 | Disposal Nature : Directions issued | Direction Issue : Special Leave Petition (Civil) Diary No 19206 of 2023
49
English
Judge : BHUSHAN RAMKRISHNA GAVAI,Sanjay Karol
The grant, regulation and suspension of the licence to practice medicine is governed by the National Medical Commission Act, 2019. It facilitates the maintenance of a medical register for India and enforces high ethical standards in regards of all aspects of medical services. A statutory
Decision Date : 28-07-2023 | Case No : CIVIL APPEAL/4725/2023 | Disposal Nature : Appeals(s) allowed
50
English
Judge : PAMIDIGHANTAM SRI NARASIMHA,Pankaj Mithal,Manoj Misra,HRISHIKESH ROY,D.Y. CHANDRACHUD
promotion of district judges. The maintenance of effi ciency of judicial administration is entirely within the control and jurisdiction of the High Court.6 The Governor, in consultation with the High Court, prescribes rules laying down the method of appointment and the necessary
Decision Date : 12-07-2023 | Case No : WRIT PETITION (CIVIL)/229/2017 | Disposal Nature : Disposed off
51
English
Judge : J.B. PARDIWALA,BHUSHAN RAMKRISHNA GAVAI
satisfied that for a public purpose any land is required for the building, Maintenance , management or operation of a national highway or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land. (2) Every notification under sub-section (1)
Decision Date : 07-07-2023 | Case No : CIVIL APPEAL/5107/2022 | Disposal Nature : Appeals(s) allowed
52
English
Judge : Prashant Kumar Mishra,B.V. NAGARATHNA
owners. Guidelines be also issued for siting, design and engineering standards for the location, disposal, maintenance and regulation of Ash Ponds as breach of a fly ash pond result in great disaster. Public health and risk impact assessment in the areas of operation of TPPs and generators of fly
Decision Date : 05-07-2023 | Case No : CIVIL APPEAL/3856/2022 | Disposal Nature : Appeals(s) allowed
53
English
Judge : DIPANKAR DATTA,S. RAVINDRA BHAT
appointments as well as selection posts.” *** A B C D E F G H 811 543. It has been pointed out earlier that the reservations of the backward classes under Article 16(4) have to be made consistently with the maintenance of the efficiency of administration. It
Decision Date : 04-07-2023 | Case No : CIVIL APPEAL/529/2023 | Disposal Nature : Disposed off
54
English
Judge : Pankaj Mithal,V. RAMASUBRAMANIAN
granting certain lands to people for the purpose of supply and maintenance of Armed Forces. The lands so granted came to be known as “Paigah Estate.”The dispute on hand relates to a Paigah granted to a person by name Khurshid Jah and the grant came to be known as Khurshid Jah Paigah. To about the same area was made in 1205 H. to his son, Fakhruddin Khan, who was a minor then. This grant seems to have been made as Paigah grant. 11. In fact, the term ‘Paigah’ as used in the Parwan of 1198, and 1205 H. connotes an estate granted for maintenance of the army.
Decision Date : 15-06-2023 | Case No : CIVIL APPEAL/4049/2023 | Disposal Nature : Disposed off
55
English
Judge : S. RAVINDRA BHAT,DIPANKAR DATTA
67 and 68 (1) –User development fee-UDF, levied and collected u/s. 22A by the airport operation, maintenance and development entities-Mumbai International Airport Pvt. Ltd., Delhi International Airport Pvt. Ltd., and Hyderabad International Airport Pvt. Ltd., from the “the revenue”), who argue that user development fee levied and collected by the airport operation, maintenance and development entities (i.e.,the Mumbai International Airport Pvt. Ltd.,the Delhi International Airport Pvt. Ltd., and the Hyderabad International Airport Pvt. Ltd., SUPREME COURT REPORTS [2023] 7 S.C.R. thatUDFisto enhance passenger amenities, services and facilities. Those amounts areto be used for development, management, maintenance and operation and expansion of facilities at the airport. 8. It was urged that the nature of UDF indicates that such amounts collected for rendering various services. The amounts collected is nothing but development fee, meant to be used for funding and financing specific renovation, Maintenance , development and upgradation of airports. These are necessary due to cost escalation. These amounts are for
Decision Date : 19-05-2023 | Case No : CIVIL APPEAL/8996/2019 | Disposal Nature : Dismissed
56
English
Judge : D.Y. CHANDRACHUD,J.B. PARDIWALA,PAMIDIGHANTAM SRI NARASIMHA
Corporation Act, 1888. FACTUAL MATRIX 6. BEST floated a tender bearing No. DMM(T-II)/08/TCU/73169/ 2021-2022/Advt. dated 26.02.2022 for the supply, operation and maintenance of 1400 (+50% variation) Single Decker AC Electric Buses with driver, for the purpose of public transport maintenance of buses. Aggregator have also to submit Manufacturer Authorization Form (if aggregator is a sole bidder or lead bidder then such bidder shall submit Manufacturer Authorization Form) from OEM, v) Schedule of Departures from technical specification as in Annexure F, vi)
Decision Date : 19-05-2023 | Case No : CIVIL APPEAL/3897/2023 | Disposal Nature : Disposed off
57
English
Judge : PAMIDIGHANTAM SRI NARASIMHA,HIMA KOHLI,D.Y. CHANDRACHUD
purposes of supplying electricity to consumers. They have to incur operation and maintenance costs to be in readiness to supply electricity. Therefore, if liability is not fastened to the premises, such charges would ultimately be borne by the general consumers since this would be factored
Decision Date : 19-05-2023 | Case No : CIVIL APPEAL/2109/2004 | Disposal Nature : Disposed off
58
English
Judge : V. RAMASUBRAMANIAN,Pankaj Mithal
when appellant No.2 made a request for the development/ maintenance of the land, the request was granted on condition that appellant No.2 will not claim any TDR; and (xv) that in any case the appellants should be deemed to have abandoned their claim for additional TDR, in view of the fact permission for the development of RG plot has been granted although additional TDR for the same was not admissible. (xix) Thereafter, a communication was issued to Mayfair Housing, with reference to the letter of appellant No.2 dated 20.11.1996, informing them that the development and maintenance dated 20.11.1996 permission to develop and maintain a garden; (xi) A list of works to be carried out for the purpose of maintenance of the garden annexed to the note of the Deputy Municipal Commissioner shows that they were primarily for the maintenance of the existing facilities; (xii)
Decision Date : 08-05-2023 | Case No : CIVIL APPEAL/9021/2014 | Disposal Nature : Dismissed
59
English
Judge : Sanjay Karol,KRISHNA MURARI
maintenance of security of India under Section 11, the powers of arrest under Section 105, the power to summon under Section 108, confiscation under Section 111 and offences for which imprisonment may be given from Sections 132 to Section 135 would have no application, thereby making the
Decision Date : 04-05-2023 | Case No : WRIT PETITION (CRIMINAL)/55/2023 | Disposal Nature : Matter referred to larger bench | Direction Issue : Matter to be placed before Hon’ble CJI.
60
English
Judge : VIKRAM NATH,DINESH MAHESHWARI
Cosmetics Rules, 19458; that the product would cure/prevent the lack of blood circulation to the hair roots, hair fall (alopecia), dandruff, headache and lack of sleep (insomnia); and that healing from the said diseases would lead to good health in terms of growth and maintenance of
Decision Date : 03-05-2023 | Case No : CIVIL APPEAL/9525/2018 | Disposal Nature : Dismissed
61
English
Judge : SANJIV KHANNA,J.K. MAHESHWARI,VIKRAM NATH,ABHAY S. OKA,SANJAY KISHAN KAUL
to move the court with the second motion after a gap of six months acts as an impediment in the settlement. At times, payment of A B C D E F G H 193 alimony and permanent lump-sum maintenance gets delayed, while anxiety and suspicion remain. Here, the procedure should give in Amardeep Singh (supra), this Court should ascertain whether the parties have freely, on their own accord, and without any coercion or pressure arrived at a genuine settlement which took care of the alimony, if any, maintenance and custody of children, etc. 35 (2021) SCC Online SC towards permanent maintenance to the wife. 29. In 2018, the Supreme Court of the United Kingdom, in Owens v. Owens47, had the occasion to analyse and evaluate the fault theory as a ground for divorce, which requires one spouse to make allegations on the conduct of the other.
Decision Date : 01-05-2023 | Case No : TRANSFER PETITION (CIVIL)/1118/2014 | Disposal Nature : Reference answered
62
English
Judge : DIPANKAR DATTA,S. RAVINDRA BHAT
establishment of Boards and their functions. Chapter V, VI and VII regulate the registration of Wakfs and maintenance of accounts thereof and the finances of the Wakf Board. Chapter VIII, with which the controversy at hand is more intimately connected deals with judicial proceedings and, inter
Decision Date : 28-04-2023 | Case No : CRIMINAL APPEAL/309/2023 | Disposal Nature : Appeals(s) allowed
63
English
Judge : SUDHANSHU DHULIA,DINESH MAHESHWARI
selection based on merit was justified on two grounds. Firstly, what one may call as the State interest, which would mean the expenditure incurred by the State in creating the educational infrastructure and the cost of its maintenance and the second was the State’s claims to backwardness
Decision Date : 28-04-2023 | Case No : CIVIL APPEAL/3177/2023 | Disposal Nature : Disposed off
64
English
Judge : VIKRAM NATH,BHUSHAN RAMKRISHNA GAVAI,Sanjay Karol
to the development and maintenance of wildlife habitats. If the direction as contained in paragraph 56.5 of the order dated 3rd June 2022 that even for continuation of existing activities, the permission of the PCCF of each State or Union Territory would be necessary, construction and abuse of process which may be detrimental to the development and maintenance of wildlife habitats. It is further to be noted that if the direction as contained in paragraph 56.5 of the order dated 3rd June 2022 (supra) that even for continuation of existing activities,
Decision Date : 26-04-2023 | Case No : WRIT PETITION (CIVIL)/202/1995 | Disposal Nature : Disposed off
65
English
Judge : J.B. PARDIWALA,SUDHANSHU DHULIA
Criminal Procedure. She then filed a petition, under Section 18 of Hindu Adoption and Maintenance Act, 1956, for her Maintenance . 3. Left by his wife and burdened with multiple litigations slapped on him, the appellant took the decision to end the matrimonial relations. He thus moved his petition
Decision Date : 26-04-2023 | Case No : CIVIL APPEAL/2012/2013 | Disposal Nature : Appeals(s) allowed
66
English
Judge : Sanjay Karol,BHUSHAN RAMKRISHNA GAVAI
responsibilities of the Investigating Officer – Compliance of – Held: Investigating Officer is the person tasked with determining a direction, the pace, manner and method of the investigation – It is his statutory duty under the CrPC and is also a constitutional obligation to ensure the maintenance the pace, manner and method of the investigation. It is a statutory duty under the Cr.P.C. and is also A B C D E F G H 833 a constitutional obligation ensuring the maintenance of peace and the upholding of rule of law. The Magistrate concerned is not empowered to interfere with perform. This is a statutory duty under the Cr.P.C. and is also a constitutional obligation ensuring the maintenance of peace and the upholding of rule of law. MAGHAVENDRA PRATAP SINGH @ PANKAJ SINGH v. STATE OF CHHATTISGARH [SANJAY KAROL, J.] A B C D E F G H 844 SUPREME COURT
Decision Date : 24-04-2023 | Case No : CRIMINAL APPEAL/915/2016 | Disposal Nature : Appeals(s) allowed
67
English
Judge : V. RAMASUBRAMANIAN,Pankaj Mithal
and one Security Paper Mill under its control. In the year 2006, a wholly owned Company under the name and style of ‘Security Printing & Minting Corporation of India Ltd.’ was incorporated on 13.1.2006, for the purpose of taking over the management, control, maintenance and operations of
Decision Date : 18-04-2023 | Case No : CIVIL APPEAL/2911/2023 | Disposal Nature : Appeals(s) allowed
68
English
Judge : M.R. SHAH,KRISHNA MURARI
proceedings for the beneficiary company was vitiated – There was also non-application of mind by the State Government on environmental aspects and passing of two rivers from the acquired lands in question – How the maintenance of the rivers etc. can be handed over to the beneficiary company – State Government on environmental aspects and passing of two rivers from the acquired lands in question. It is not in dispute that from the lands in question two rivers namely ‘Nuanai’ and ‘Nala’ are flowing, which as such were acquired by the State Government. How the maintenance of the
Decision Date : 12-04-2023 | Case No : CIVIL APPEAL/1144/2011 | Disposal Nature : Dismissed
69
English
Judge : AJAY RASTOGI,BELA M. TRIVEDI
1989, on an honorarium of Rs.500/- per month for two MNPs in each village panchayat(one male and one female) for assisting in the maintenance of village assets and libraries & implementation of adult literacy programme in villages. 6. The policy decision of the Government which was employment to the educated youth for rural development programmes in various schemes at the village panchayat, be it for assisting in the maintenance of village assets and libraries, implementation of adult literacy programme in villages, for their social welfare and also to work for
Decision Date : 11-04-2023 | Case No : CIVIL APPEAL/10563/2017 | Disposal Nature : Case Allowed
70
English
Judge : V. RAMASUBRAMANIAN,KRISHNA MURARI
from the time of its issue, runs counter to the scheme of the COFEPOSA Act and the PIT NDPS Act which differs from that of other preventive detention laws, namely, the National Security Act, 1980, the Maintenance of Internal Security Act, 1971, and the Preventive Detention Act, 1950.” 33.
Decision Date : 10-04-2023 | Case No : CRIMINAL APPEAL/1051/2023 | Disposal Nature : Appeals(s) allowed
71
English
Judge : B.V. NAGARATHNA,K.M. JOSEPH
the Seller undertakes development, finance, ownership, design, engineering procurement, construction, commissioning, operation and maintenance of the Project as per the terms of the RFP Project Documents. The Selected Bidder shall also ensure: (i) All equipment and auxiliaries shall
Decision Date : 06-04-2023 | Case No : CIVIL APPEAL/11826/2018 | Disposal Nature : Appeals(s) allowed
72
English
Judge : J.B. PARDIWALA,A.S. BOPANNA
shall henceforth act under the direction of the trial court and all necessary obligation relating to accounting and maintenance of the properties etc. shall be determined by the trial court and if PRASANTA KUMAR SAHOO & ORS. v. CHARULATA SAHU & ORS. [J. B. PARDIWALA, prevalent in the rest of India. Under the Mitakshara School of Hindu Law, woman in a joint Hindu family had merely a right of Maintenance / sustenance but had no right of inheritance to property. The basis of Hindu joint family was a common male ancestor and the properties of the family were held as
Decision Date : 29-03-2023 | Case No : CIVIL APPEAL/2913/2018 | Disposal Nature : Dismissed
73
English
Judge : B.V. NAGARATHNA,KRISHNA MURARI,K.M. JOSEPH
to the satisfaction of the Engineer-in- Charge. In respect of works orders arising out of unit requisitions or M.E.S. inspections for maintenance and repairs, any portion of such an order which remains uncompleted at the date of the next subsequent requisition or inspection may, purely
Decision Date : 23-03-2023 | Case No : CIVIL APPEAL/3441/2015 | Disposal Nature : Appeals(s) allowed
74
English
Judge : Sanjay Kumar,DINESH MAHESHWARI
cost of the land and building; the available infrastructure, teaching, non-teaching staff and equipment; the expenditure on administration and Maintenance ; the reasonable surplus required for growth and development of the professional institution; and any other relevant factor, the AFRC
Decision Date : 17-03-2023 | Case No : CIVIL APPEAL/1760/2023 | Disposal Nature : Disposed off
75
English
Judge : M.R. SHAH,SUDHANSHU DHULIA
rights which the shareholders have in the sick industrial company to such extent as the Board considers necessary in the interests of the reconstruction, revival or rehabilitation of the sick industrial company or for the maintenance of the business of the sick industrial company; MODI extent as the Board considers necessary in the interests of the reconstruction, revival or rehabilitation of the sick industrial company or for the maintenance of the business of the sick industrial company; (g) the allotment to the shareholders of the sick industrial company of shares in
Decision Date : 17-03-2023 | Case No : CIVIL APPEAL/375/2017 | Disposal Nature : Disposed off
76
English
Judge : SUDHANSHU DHULIA,J.B. PARDIWALA
cleaning: D. Installation, Operation and maintenance of Vapour Recovery System: 1. All new retail outlets set up with sale potential of 300KL MS per month and setting up in cities with population more than 1 lakh will be provided with YRS. YRS should be functional by the time of sale of MS
Decision Date : 14-03-2023 | Case No : CIVIL APPEAL/421/2022 | Disposal Nature : Disposed off
77
English
Judge : VIKRAM NATH,BHUSHAN RAMKRISHNA GAVAI
relating to engineering, finance, commerce, economics or industrial matters, and at least one Member shall be appointed from each of the following categories, namely:— (a) engineering with specialisation in design, construction, operation and maintenance of generating stations; (b) engineering maintenance of generating stations. One of them has to be an engineer with specialization in transmission and supply of electricity; one has to be a person who is expert in applied research in the field of electricity; one of them has to be an expert in applied economics, accounting, commerce or finance. 97. Section 73 of the Electricity Act deals with functions and duties of the CEA. The CEA is
Decision Date : 03-03-2023 | Case No : CIVIL APPEAL/684/2021 | Disposal Nature : Dismissed
78
English
Judge : A.S. BOPANNA,HIMA KOHLI
his wife, which his brother had agreed to purchase in her name, as a one-time settlement towards all her claims of Maintenance , alimony, stridhan, etc. This condition was subsequently complied with and is borne out from the Sale Document of the flat dated 3rd October, 2016 that records the
Decision Date : 03-03-2023 | Case No : CIVIL APPEAL/6161/2022 | Disposal Nature : Appeals(s) allowed
79
English
Judge : J.B. PARDIWALA,D.Y. CHANDRACHUD,PAMIDIGHANTAM SRI NARASIMHA
into the allegations made against the Adani Group companies. SEBI has not expressly referred to an investigation into the alleged violation of the Securities Contracts (Regulation) Rules 1957 which provide for the maintenance of minimum public shareholding in a public limited company.
Decision Date : 02-03-2023 | Case No : WRIT PETITION (CIVIL)/162/2023 | Disposal Nature : Directions issued
80
English
Judge : S. RAVINDRA BHAT,DIPANKAR DATTA
transporting men and material from the shore to the dredger. The dredger requires continuous maintenance which invoices flushing the pipe lines, filters with compressed air and welding, gas cutting of various parts and also machining of some vital components for the day to day operation
Decision Date : 01-03-2023 | Case No : CIVIL APPEAL/3005/2010 | Disposal Nature : Case Partly allowed
81
English
Judge : DIPANKAR DATTA,S. RAVINDRA BHAT
such as that regular payment of maintenance charges, proportional conservation charges, proportionate external development charges as could be determined by HSIDC and importantly the condition that the allottee could not change its constitution and if it did so, it should in any event, hold
Decision Date : 27-02-2023 | Case No : CIVIL APPEAL/572/2010 | Disposal Nature : Dismissed
82
English
Judge : K.M. JOSEPH,B.V. NAGARATHNA
stakeholders that maintenance of harmony between different sections alone will lead to the imbibing of a true notion of nationhood bonding sections together for the greater good of the nation and finally, establish a sovereign democratic republic. Courts of law, as indeed every part of enshrined in the preamble is of the greatest importance and rightfully finds its place in the preamble as a constant reminder to all stakeholders that maintenance of harmony between different sections alone will lead to the imbibing of a true notion of nationhood bonding sections together for
Decision Date : 27-02-2023 | Case No : WRIT PETITION (CIVIL)/190/2023 | Disposal Nature : Dismissed
83
English
Judge : M.R. SHAH,C.T. RAVIKUMAR
contract for the period of 5 years for the Maintenance & operation of the said portal. Some of the officials of MPSEDC in collusion with the companies entrusted with Maintenance and testing of the portals namely M/s Osmo IT Solutions and M/s Antares Systems Ltd, illegally accessed the e-Tender
Decision Date : 24-02-2023 | Case No : CRIMINAL APPEAL/534/2023 | Disposal Nature : Appeals(s) allowed
84
English
Judge : BELA M. TRIVEDI,AJAY RASTOGI
(4) SCC 417 A B C D E F G H 577 expected to decide fairly between contending parties. The strict standards applied to authorities exercising judicial power are being increasingly applied to administrative bodies, for it is vital to the maintenance of the rule of law in
Decision Date : 23-02-2023 | Case No : CIVIL APPEAL/1384/2023 | Disposal Nature : Appeals(s) allowed
85
English
Judge : V. RAMASUBRAMANIAN,B.V. NAGARATHNA
in what was essentially a matrimonial dispute concerning Maintenance . In the said case, the appellant- husband therein disputed the paternity of the child and prayed A B C D E F G H 713APARNA AJINKYA FIRODIA v. AJINKYA ARUN FIRODIA [B. V. NAGARATHNA, J.] for blood group test of child to prove that he was not the father of the child. According to him, if that could be established, he would not be liable to pay Maintenance . In that context, this Court held that due deference must be accorded to the presumption of legitimacy of a child born during the subsistence of
Decision Date : 20-02-2023 | Case No : CIVIL APPEAL/1308/2023 | Disposal Nature : Appeals(s) allowed
86
English
Judge : VIKRAM NATH,J.K. MAHESHWARI,SANJAY KISHAN KAUL,SANJIV KHANNA,ABHAY S. OKA
Councils have the function of “ maintenance of rolls” under the said Act, the Bar Council of India is not concerned with the same. It was submitted by the Amicus that it is important to read the specific terminologies used in different sections of the said Act and to cull out the meaning for each of these terms. A plain reading of Sections 6(a), 6(b), Section 24(1)(e) and Section 28(2)(d) of the said Act indicates that the functions of the State bar Council relates to preparing and maintenance of rolls and the admission of persons as advocates on its roll. However, in
Decision Date : 10-02-2023 | Case No : CIVIL APPEAL/969/2023 | Disposal Nature : Disposed off
87
English
Judge : ABHAY S. OKA,SANJAY KISHAN KAUL
the SELLER for terminal operation and routine maintenance along with applicable taxes / levies thereon, connected with delivery of Gas at the Point of Onward Delivery and receipt of Gas returned by the BUYER at the Point of Return Delivery. The above service charges is exclusive of any equally limited number of opportunities to levy transportation charges to recover its legitimate maintenance costs. The allotment had pre-supposed the imposition of such transportation costs. 14. Finally, it was emphasized that the learned Single Judge had become functus officio having
Decision Date : 08-02-2023 | Case No : CIVIL APPEAL/3504/2010 | Disposal Nature : Case Partly allowed
88
English
Judge : HRISHIKESH ROY,C.T. RAVIKUMAR,AJAY RASTOGI,ANIRUDDHA BOSE,K.M. JOSEPH
or (b)the members of the Forces charged with the maintenance of public order; or (c)persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or (d)person employed in, or in connection with, systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a)to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.” (6) It is the case of the applicant that the impression has
Decision Date : 31-01-2023 | Case No : MISCELLANEOUS APPLICATION/2204/2020 | Disposal Nature : Disposed off
89
English
Judge : C.T. RAVIKUMAR,M.R. SHAH
Act seeks to succour the maintenance of health of an insured workman. The interpretative endeavour should be to effectuate the above. A B C D E F G H 1051 Right to medical benefit is, thus, a fundamental right to the workman. 6. Moreover, even in the realm of interpretation
Decision Date : 20-01-2023 | Case No : CIVIL APPEAL/312/2023 | Disposal Nature : Appeals(s) allowed
90
English
Judge : K.M. JOSEPH,B.V. NAGARATHNA
government servant, after the death of the government servant, could not be included within the definition of ‘family’ under said Rule. Hindu Adoptions and Maintenance Act, 1956: ss. 8 & 12 – Effect of Adoption – On Family Pension – On adoption by a widow, the adopted son or daughter is Hindu Adoptions and Maintenance Act, 1956, (‘HAMA Act’, for short) the widow of a Hindu male is competent to adopt a son or a daughter without there being a direction/ expression of desire to that effect, by her deceased husband. That the effect of adoption by a widow would be that the child provisions of the HAMA Act, 1956 and the CCS (Pension) Rules. 8.1. HAMA Act, 1956 seeks to codify the law relating to adoptions and maintenance among Hindus. Chapter II of the Act pertains to adoption and prescribes inter-alia, the manner in which an adoption is to be made, the
Decision Date : 17-01-2023 | Case No : CIVIL APPEAL/386/2023 | Disposal Nature : Dismissed
91
English
Judge : SANJAY KISHAN KAUL,ABHAY S. OKA,VIKRAM NATH
roads and bridges are its lifeline. The State has to allocate sizeable part of its budget for the construction, development, repair, upkeep and maintenance of roads and bridges. It was with this object in the background that the offending provisions were brought in by way of amendments in 1999 or Compensatory: 3.3. The objects and reasons for bringing in the 1999 Amendment was clearly compensatory in nature. The object was to augment funds and finance for construction, Maintenance , repair and upkeep of the roads in the State of Himachal Pradesh which has a totally hilly was clearly compensatory in nature. The object was to augment funds and finance for construction, Maintenance , repair and upkeep of the roads in the State of Himachal Pradesh which has a totally hilly terrain. The offending section only provided that if any vehicle used without a valid permit
Decision Date : 13-01-2023 | Case No : CIVIL APPEAL/5534/2011 | Disposal Nature : Appeals(s) allowed
92
English
Judge : S. RAVINDRA BHAT,PAMIDIGHANTAM SRI NARASIMHA
after taking into account the total number of hectares which will be deprived of irrigation due to the diversion of water for industrial use. 4. The other cost levied by the Appellant is the ‘capital expenditure charge’. This charge is used towards the construction and maintenance
Decision Date : 13-01-2023 | Case No : CIVIL APPEAL/8550/2022 | Disposal Nature : Appeals(s) allowed
93
English
Judge : B.V. NAGARATHNA,BHUSHAN RAMKRISHNA GAVAI
Chandigarh as well as the maintenance of important heritage buildings in the UT of Chandigarh. 9. In the Draft CMP-2031, the 2001 Rules were re- introduced. Prior to the finalization of the CMP-2031, objections were invited. A Board of “Inquiry and Hearing” (hereinafter referred to as, “the holistic approach towards protection, preservation, and maintenance of heritage buildings and unique characteristic of the city should be adopted. 3. The philosophy, plans and approach envisioned by Pandit Jawahar Lal Nehru with regard to the new city should not be lost sight of and kept in
Decision Date : 10-01-2023 | Case No : CIVIL APPEAL/274/2023 | Disposal Nature : Appeals(s) allowed | Direction Issue : Appeals allowed and directions issued.
94
English
Judge : M.R. SHAH,B.V. NAGARATHNA
respondents did not produce any accounts even though their case was that accounts were A B C D E F G H 239BASAVARAJ v. PADMAVATHI & ANR. [M. R. SHAH, J.] maintained and that Basekhi Singh used to give maintenance allowance to the widows who were messing separately. It is urged that inference should be drawn from the fact accounts were not produced by the respondents and that if they had been produced that would have shown payment not of maintenance allowance but of half share of the income to the widows by virtue of their right to the property. Itis true that Dwarika the accounts would have been the best evidence to show that maintenance was being given to the widows and the best evidence was withheld by the plaintiffs and only oral evidence was produced to the effect that the widows were being given maintenance by Basekhi Singh. Even if it be that would be the best evidence of payment of maintenance and they had been withheld, all that one can say is that the oral evidence that maintenance was being given to widows may not be acceptable; but no adverse inference can be drawn (in the absence of any prayer by the appellant that
Decision Date : 05-01-2023 | Case No : CIVIL APPEAL/8962/2022 | Disposal Nature : Appeals(s) allowed
95
Judge : BHUSHAN RAMKRISHNA GAVAI,A.S. BOPANNA,S. ABDUL NAZEER,V. RAMASUBRAMANIAN,B.V. NAGARATHNA
occasion to deal with a challenge to an order passed by the Government of Madras in exercise of the powers conferred by Section 9(1-A) of the Madras Maintenance of Public Order Act, 194944, banning the entry and circulation of a weekly journal called ‘Cross Roads’ printed and published in Bombay. securing of public safety or maintenance of public order would include the security of the State and that therefore the said provision, as applied to the latter purpose was covered by Article 19(2). However, the said argument was rejected on the ground that where a law purports
Decision Date : 03-01-2023 | Case No : WRIT PETITION (CRIMINAL)/113/2016 | Disposal Nature : Reference answered
96
English
Judge : D.Y. CHANDRACHUD,HIMA KOHLI
emphasised the need to maintain transparency in grant of public contracts. Ordinarily, maintenance of transparency as also compliance with Article 14 of the Constitution would inter alia be ensured by holding public auction upon issuance of advertisement in the well-known newspapers. That has not
Decision Date : 03-01-2023 | Case No : CIVIL APPEAL/6693/2022 | Disposal Nature : Dismissed
97
English
Judge : J.K. MAHESHWARI,S. ABDUL NAZEER
specified in sub-section (3) (a) to (c) subject to establishment of the fund and its maintenance by such authority, as may be prescribed by appropriate Government. Thus, exemptions permitted to the class and category of the vehicles of the Central Government and State Government are
Decision Date : 15-12-2022 | Case No : CIVIL APPEAL/9322/2022 | Disposal Nature : Dismissed | Direction Issue : Appeal dismissed and directions issued.
98
English
Judge : KRISHNA MURARI,S. RAVINDRA BHAT
had increased after the accident, it would not be enough grounds to disable the Appellant from claiming compensation for future prospect as the rise in income may be attributed to multiple other factors. [Paras 18-20][437-A-D] COMPENSATION FOR THE PURCHASE AND MAINTENANCE OF THE PROSTHETIC As per the current compensation given for the prosthetic limb and its Maintenance , it would last the Appellant for only 15 years, even if we were to assume that the limb would not need to be replaced after a few years. TheAppellant was only 37 years at the time of the accident, and it for the injuries.” “The purpose of compensation under the Motor Vehicles Act is to fully and adequately restore the aggrieved to the position prior to the accident.” 23. As per the current compensation given for the prosthetic limb and its Maintenance , it would last the Appellant for only
Decision Date : 09-12-2022 | Case No : CIVIL APPEAL/9070/2022 | Disposal Nature : Appeals(s) allowed
99
English
Judge : SANJAY KISHAN KAUL,ABHAY S. OKA
SUPREME COURT REPORTS [2022] 17 S.C.R.[2022] 17 S.C.R. 876 876 SUDESH CHHIKARA v. RAMTI DEVI & ANR. (Civil Appeal No. 174 of 2021) DECEMBER 06, 2022 [SANJAY KISHAN KAUL AND ABHAY S. OKA, JJ.] Maintenance and Welfare of Parents and Senior Citizens 23 – When transferee refuses or fails to provide such amenities and physical needs to the transferor, the transfer shall be deemed to have been made by fraud or coercion or undue influence, and becomes voidable at the instance of the transferor and the Maintenance Tribunal – Very often, DETAILS 1. This appeal arises out of a petition filed by respondent no.1 under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, ‘the 2007 Act’). 2. Respondent no.1 acquired a land bearing Khewat no.87, Khatoni no.124, Khasra Maintenance Tribunal (Sub-Divisional Magistrate). In the petition, respondent no.1 stated that her relationship with her son and daughters was strained and therefore, her son and daughters were not maintaining her. The contention of respondent no.1 was that the release deed executed by her in favour Maintenance Tribunal finally decided the petition by judgment and order dated 22nd May 2018. It was held that the release deed dated 14th November 2008 was null and void. The Maintenance Tribunal recorded a finding that respondent no.1’s children were not willing to take her The present appellant along with respondent no.2 challenged the order of the Maintenance Tribunal by way of a writ petition before the High Court. By the impugned judgment, the order of the Maintenance Tribunal has been confirmed. SUBMISSIONS 8. The learned counsel appearing to be null and void. His submission is that respondent no.1’s son has joined hands with her and under his pressure that respondent no.1 filed the petition under Section 23. He submitted that there is no material placed on record before the Maintenance Tribunal and the High Court to even the execution of the release deed was vitiated by fraud or coercion or undue influence. Another submission is that the Maintenance Tribunal did not hold any inquiry as contemplated by the 2007 Act. He submitted that the ingredients of Section 23 were not established. 9. The learned for the appellant further submitted that the fact that the appellant is a widow and was not residing with respondent no.1, has been completely overlooked by the Maintenance Tribunal. He submitted that it was obvious that the petition under Section 23 was filed by respondent no.1 at the the impugned judgment. 10. The learned counsel appearing for respondent no.1 invited our attention to the findings recorded by the Maintenance Tribunal. He pointed out that the property obtained by the appellant and her sister under the release deed was sold by them to one Shri Anil Gahlot. that even the said purchaser has filed an affidavit before the Tribunal recording his no objection for the grant of the relief sought by respondent no.1. He submitted that as noted by the Maintenance Tribunal, respondent no.1 filed an affidavit unequivocally stating that she will consideration to the submissions. Before dealing with the factual aspects, it is necessary to advert to the legal aspects. The Sub-Divisional Magistrate acting as the Maintenance Tribunal under the 2007 Act has invoked the power under Section 23 to declare that the subject release deed was void. The Act has been enacted for the purposes of making effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution of India. The Maintenance Tribunal has been established under Section 7 to exercise various powers under the Act. Section 8 provides that the Maintenance Tribunal, subject to any rules which may be framed by the Government, has to adopt such summary procedure while holding inquiry, as it deems fit. Apart from the power to grant Maintenance , the Tribunal exercises important jurisdiction under Section
Decision Date : 06-12-2022 | Case No : CIVIL APPEAL/174/2021 | Disposal Nature : Appeals(s) allowed
100
English
Judge : PAMIDIGHANTAM SRI NARASIMHA,D.Y. CHANDRACHUD
agreed that there are ‘inherited’ operational and maintenance constraints in the proposal to have a common depot for two or more lines at Kanjurmarg. Some of the major observations in the report are summarized in the communication dated 17 March 2022 and are extracted below: “(i) The at a frequency of 4 minutes continuously for 3 or more hours is a challenging task. (ii) There is a compromised time of maintenance window due to running of Line-3 trains for 7.5 km on Line-6 network upto Kanjurmarg. This will also have an adverse impact on restoration time in Moreover, it has been stated that: (i) The project is in a significantly advanced stage of completion; (ii) The combined depot plans will introduce operational and maintenance bottlenecks in the functioning of the network for the entire lifecycle of a high capacity metro line; and (iii) While the
Decision Date : 29-11-2022 | Case No : SUO MOTO WRIT PETITION (CIVIL)/2/2019 | Disposal Nature : Disposed off | Direction Issue : IA disposed off
Advocate in Jabalpur Lawyer in Jabalpur 