The Complete Supreme Court Annual Digest- 2023 [Part-XX]

Tamil Learning Act, 2006 Tamil Nadu Tamil Learning Act, 2006 - The State had issued circulars mandating the study of Tamil as a primary subject while allowing linguistic minorities the option to study their mother tongue. Held, the state's circulars should be executed in their entirety. Therefore, similar to other subjects, minimum qualifying marks should be stipulated for the mother tongue and reflected in students' mark sheets. Linguistic Minorities Forum of Tamil Nadu v. State of Tamil Nadu, 2023 LiveLaw (SC) 839 Teacher Physical training instructor a 'teacher' though not conducting classes within four walls. P.C. Modi v. Jawaharlal Nehru Vishwa Vidyalaya, 2023 LiveLaw (SC) 1054 The Supreme Court allows teachers to file representation before the centre against selection criteria for national award for teachers. Girisha Chandra Mishra v. Union of India, 2023 LiveLaw (SC) 541 Telecom Deactivated mobile number not assigned to new user for 90 days, TRAI tells Supreme Court; Whatsapp data removed when account inactive for 45 days. Rajeswari v. Union of India, 2023 LiveLaw (SC) 951 : (2024) 2 SCC 604 Supreme Court upholds centre's decision to relax AGR dues payment by telecom cos; but says filing application to modify orders was more appropriate. Anshul Gupta v. Prime Minister Office, 2023 LiveLaw (SC) 765 Temple Kamakhya temple: Doloi samaj running temple affairs satisfactorily, says Assam Govt; Supreme Court allows present arrangement to continue. Kabindra Prasad Sarma v. Chief Secretary Government of Assam, 2023 LiveLaw (SC) 993 Tenancy and Land Reforms Act, 1972 (Himachal Pradesh) Tenancy and Land Reforms Act, 1972 (Himachal Pradesh); Section 118 - The whole purpose of Section 118 of the 1972 Act is to protect agriculturists with small holdings. Land in Himachal Pradesh cannot be transferred to a non-agriculturist, and this is with a purpose. The purpose is to save the small agricultural holding of poor persons and also to check the rampant conversion of agricultural land for non-agricultural purposes. A person who is not an agriculturist can only purchase land in Himachal Pradesh with the permission of the State Government. The Government is expected to examine from a case-to-case basis whether such permission can be given or not - By merely assigning rights to an agriculturist, who will be using the land for a purpose other than agriculture, would defeat the purpose of this Act. (Para 17) Ajay Dabra v. Pyare Ram, 2023 LiveLaw (SC) 69 : AIR 2023 SC 698 : (2023) 1 SCR 449 Tort 'Can't direct govt to introduce bill': Supreme Court sets aside HC directions to make law commission statutory body & codify tort law. Union of India v. K. Pushpavanam, 2023 LiveLaw (SC) 630 : AIR 2023 SC 3827 Transfer of Property Act 1882 Transfer of Property Act, 1882 - Difference between 'mortgage by conditional sale' and 'sale with condition of retransfer' – Explained. (Para 25) Prakash v. G. Aradhya, 2023 LiveLaw (SC) 685 Transfer of Property Act, 1882; Section 8 - In the absence of an express or implied indication, a transfer of land would pass to the transferee all things attached to the earth, including the plant and machinery embedded on the land - Merely because no express reference to plant and machinery was contained in the Recital Clause of the Sale Deed, it cannot mean that the interest in the plant and machinery which stood attached to the land which was scheduled in the Deed, was not conveyed to the vendee. Therefore, the value of plant and machinery must also be ascertained for computation of stamp duty - Only such plant and machinery, which was permanently embedded to the earth and answered the description of the immovable property, as defined in law, can be said to have been conveyed under the deed. Sub Registrar, Amudalavalasa v. Dankuni Steels Ltd., 2023 LiveLaw (SC) 357 : (2023) 8 SCR 1098 Transfer of Property Act, 1882; Section 54 - A Will or General Power of Attorney (“GPA”) cannot be recognized as title documents or documents conferring right in any immovable property - the non-execution of any document by the GPA holder consequent to it, renders the said GPA useless. Ghanshyam v. Yogendra Rathi, 2023 LiveLaw (SC) 479 : AIR 2023 SC 2754 : (2023) 7 SCC 361 Transfer of Property Act, 1882; Section 54 - an Agreement to Sell is neither a document of title nor a deed of transfer of property by sale. Therefore, it does not confer any absolute title over the Property. However, the factors such as entering into an Agreement to Sell, payment of entire sale consideration and being put in possession by the transferor, shows that the de-facto possessory rights based on the part performance of the Agreement to Sell. The possessory right is not liable to be disturbed by the transferer and the transferer's entry into the Suit Property subsequently was as a licencee and not as the owner of Property....

The Complete Supreme Court Annual Digest- 2023 [Part-XX]

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