2024 SCC Vol. 10 Part 4
Arbitration and Conciliation Act, 1996 — Ss. 11(6) and 37: Setting aside of order setting aside award, by Court exercising jurisdiction under
Right to Property
Compulsory acquisition of private property: Supreme Court outlines seven sub-rights of Constitutional Right to Property
“The seven sub-rights may be procedures, but they do constitute the real content of the right to property under Article 300A, non-compliance of these will amount to violation of the right, being without the authority of law.”
‘Leave encashment once earned, constitutes employee’s property’; Bombay HC directs bank to pay encashment of privileged leave to its former employees
The Bombay High Court held that leave encashment is akin to a salary, which is a property, and depriving a person of his property without any valid statutory provision would violate Article 300-A of the Constitution.
‘Right to property is a constitutional right under Article 300-A’; Calcutta High Court grants Compensation for land utilisation without due process
Calcutta High Court acknowledged the delay but emphasised that delay cannot deprive an individual of legitimate claims arising from expropriation.
‘Right to property not absolute; can be regulated under Town Planning laws’; Supreme Court upholds Rule mandating reservation of Open Spaces in Development Projects
The Supreme Court observed that an owner of land may not have an absolute and unqualified right which is the idea which not unnaturally comes to mind when the idea of ownership is under consideration.
26 years on, ONGC sits on a temporarily acquired land. Such a long temporary acquisition infringes landowner’s right to property, holds SC
The Supreme Court has directed ONGC and State to either comply with the Gujarat High Court's order directing the permanent acquisition of land by ONGC on or before 26.04.2023 or face necessary consequences.
Supreme Court September 2022| Abortion Rights to all ‘women’; Marital Rape; Pre-sentence hearing of death row convicts; Sidhique Kappan’s bail; Collegium Recommendation; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on Unmarried persons’ right to safe abortion, Inclusion of ‘marital rape’ under Abortion laws, Journalist Sidhique Kappan’s bail; Constitution Bench’s opinion on Doctrine of Precedents; Reference of question relating to Pre-sentence hearing of death row convicts; Explainers on important law points; Collegium Recommendation; and more
Supreme Court pulls up Ludhiana Improvement Trust for sitting over an acquired land for three decades without paying for it; says ‘citizen’s right cannot be taken for a ride’ like this
“The Improvement Trust behaved as if it had some superior right to appropriate the property of the owners without paying for it contrary to the mandate of the LA Act.”
J&K and Ladakh HC| In a democratic polity governed by the rule of law, State cannot deprive a citizen of their property without the sanction of law
“The State being a welfare State governed by the rule of law, cannot arrogate to itself a status beyond what is provided by the statute”
Supreme Court May 2022 Roundup: Sedition Law; Forcible vaccination; Shivling in Gyanvapi Mosque; Navjot Singh Sidhu’s imprisonment; Shared Household and more
Unmissable Stories Sedition Law under scanner| All pending cases to be kept in abeyance; Centre/States urged not to register fresh cases till
“State cannot hide behind delay & laches to evade it’s responsibility after acquiring land. There cannot be a ‘limitation’ to doing justice”, holds SC; Land Owners get compensated after decades
Supreme Court: In a case where the bench of S. Ravindra Bhat* and PS Narsimha, JJ was posed with the question as
112 Reports from 22 High Courts: Hijab Ban, Son’s Right on Parent’s Property, Right of Putative Father, Live-in Relationships and more| March RoundUp 2022
112 significant Reports from 22 High Courts Allahabad High Court Right to Reputation People using cyberspace to vent out anger and
Land Acquisition| Right under Section 5A of 1894 Act to stave off compulsory acquisition cannot be unjustifiably extinguished: SC
Supreme Court: In a case where the inquiry under Section 5A of the Land Acquisition Act, 1894 was dispensed with despite there
Explained| Can, in a declaratory suit, plaintiff be subjected to DNA test against his will?
“Indian law leans towards legitimacy and frowns upon bastardy. The presumption in law of legitimacy of a child cannot be lightly repelled.”
Bom HC | Right to Property under Art. 300 A – A Human and Constitutional Right? Court decides in a dispute of construction of National Highway [Land Owners v. State]
Bombay High Court: The Division Bench of S.V. Gangapurwala and Shrikant D. Kulkarni, JJ., expressed that, In a welfare State, statutory authorities
“Right to property is still a constitutional right under Article 300A of the Constitution”; SC reminds in a case where State took possession of surplus land in absence of surplus land
“Right to property is still a constitutional right under Article 300A of the Constitution of India though not a fundamental right. The deprivation of the right can only be in accordance with the procedure established by law.”
Madras HC | “Authorities need to be told that right to property has close nexus with right to life under Art. 21”: HC while issuing notice in acquisition matter pending from 16 yrs
Madras High Court: N. Seshasayee, J., said that if the allegations made in the present petition were true then it exposes the callousness
Jhar HC | [Article 300-A] A person cannot be deprived of his property merely by executive fiat without any specific legal authority or without the support of law made by a competent legislature; Petition allowed
Jharkhand High Court: Rajesh Shankar, J., quashing the impugned letter, held, “The respondent 5 being an administrative/revenue Officer is supposed to know
Govt sits over land for 33 years without authority. SC directs handing over of land to owners within 3 months; says such lawlessness cannot be condoned
“The courts’ role is to act as the guarantor and jealous protector of the people’s liberties: be they assured through the freedoms, and the right to equality and religion or cultural rights under Part III, or the right against deprivation, in any form, through any process other than law.”
Daughters have coparcenary rights by birth even if father died before the Hindu Succession (Amendment) Act, 2005 came into force [DETAILED REPORT]
Supreme Court: The 3-judge bench of Arun Mishra, SA Nazeer and MR Shah, JJ has held that daughters have right in coparcenary