1 year, 9 months ago

Complete Supreme Court Yearly Digest Part-12 [Last Part]

Live Law

T Tax on Paper Lotteries Tax on Paper Lotteries Act, 2005 - Tax on Lotteries Act, 2004 - Constitutional Validity upheld - Karnataka and Kerala State Legislatures possessed legislative competence to enact such Acts. Biswanath Banik v. Sulanga Bose, 2022 LiveLaw 280 : AIR 2022 SC 1519 : 7 SCC 731 Transfer of Property Act, 1882; Section 53A - Code of Civil Procedure, 1908 ; Order VII Rule 11 - Appeal against judgment of Calcutta High Court which rejected the plaint under Order VII Rule 11 CPC mainly on the ground that the suit is barred by limitation and that a suit for a declaration simpliciter under Section 53A of the Transfer of Property Act would not be maintainable as against the actual owner - Allowed - High Court has not considered the entire plaint averments - The plaintiffs have also prayed for the decree for a permanent injunction claiming to be in possession and the declaration and permanent injunction as such invoking Section 53A of the Transfer of Property Act. University of Kerala v. Merlin J.N., 2022 LiveLaw 680 : AIR 2022 SC 5041 : 9 SCC 389 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. Prof. Narendra Singh Bhandari v. Ravindra Jugran, 2022 LiveLaw 940 : AIR 2022 SC 5691 UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010 - Sardar Patel University Act, 1955 - Any appointment as a Vice Chancellor contrary to the provisions of the UGC Regulations can be said to be in violation of the statutory provisions - Hope and trust that wiser counsel will now prevail and the State Government shall amend the State legislation accordingly on par with the UGC Regulations. State of Maharashtra v. Shaikh Mahemud, 2022 LiveLaw 363 : 2022 SCALE 104 Waqf Act, 1995; Section 14 - The power to appoint would include the power of cancellation of appointment.