Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [November 7 – 13, 2022]

Admission and Fee Regulatory Committee Rules, 2006 ; Rule 4 - The education is not the business to earn profit. Ravichandran v. State of Tamil Nadu, 2022 LiveLaw 954 Constitution of India, 1950; Article 173 - Supreme Court upholds decision of Allahabad High Court to disqualify Azam Khan's son for not meeting age criteria. State of Jharkhand v. Shiv Shankar Sharma, 2022 LiveLaw 924 Constitution of India, 1950; Article 226 - Public Interest Litigation - PILs filed in the Jharkhand HC seeking probe against Chief Minister of Jharkhand Hemant Soren - Appeal against HC order that held PILs maintainable - Allowed - We are not for a moment saying that people who occupy high offices should not be investigated, but for a High Court to take cognizance of the matter on these generalized submissions which do not even make prima facie satisfaction of the Court, is nothing but an abuse of the process of the Court - It was not proper for the High Court to entertain a PIL which is based on mere allegations and half baked truth that too at the hands of a person who has not been able to fully satisfy his credentials and has come to the Court with unclean hands. Balu Krishna Chavan v. Reliance General Insurance Company Ltd., 2022 LiveLaw 932 Municipal Corporation Act, 1888 ; Section 154 - Capital Value Rules - Rule 20 of the Capital Value Rules of 2010 and 2015 empower the Commissioner to consider the capability of the open land of utilizing more than 1 floor space index or any transfer of development right, would go well beyond the permissible scope delineated by the provisions of Section 154 of the MMC Act - Rule 20 of the Capital Value Rules of 2010 and the Capital Value Rules of 2015 would be ultra vires the provisions of sub­Sections and of Section 154 of the MMC Act - There being no empowerment to compute and/or levy property tax with retrospective effect by the statute itself, the rule making power, in any view of the matter, could not have created a liability pertaining to the period well before the Rules came into effect. Sumer Corporation v. Vijay Anant Gangan, 2022 LiveLaw 936 UGC Regulations 2018 - Soban Singh Jeena University Act, 2019 - Vice Chancellor Appointment - Appeal against Uttarakhand High Court judgment which set aside the appointment of Prof. Narendra Singh Bhandar as Vice-Chancellor of Soban Singh Jeena University - Dismissed - no UGC Regulations 2018 - The post of ViceChancellor of the University is a very important post and therefore the most meritorious person should be appointed as Vice-Chancellor of the University from and amongst the other eligible meritorious candidates out of the panel of the names recommended by the Search-cum-Selection Committee - The selection for the post of Vice-Chancellor should be through proper identification by a panel of 3-5 persons by Search-cum-Selection Committee and the members of such Search-cum-Selection Committee shall be the persons of eminence in the sphere of higher education and shall not be connected in any manner with the University concerned or its colleges - While preparing the panel, the Search Committee shall give proper weightage to the academic excellence etc.