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

Armed Forces The Supreme Court extends disability pension claim of army veteran for 10 years as allowed under pension regulations for the army. Ex L/NK Rajput Ajit Singh v. Union of India, 2023 LiveLaw (SC) 831 Are civilian employees of armed forces unit run canteens government servants? the supreme court refers to a larger bench. Union of India v. Vinod Kumar, 2023 LiveLaw (SC) 795 BSF Act - Even if an officer pleads guilty of misconduct, the court has to satisfy that confession is voluntary. Union of India v. Jogeshwar Swain, 2023 LiveLaw (SC) 758 : AIR 2023 SC 4262 : (2023) 9 SCC 720 'Discipline is a non-negotiable condition of service in Armed Forces': Supreme Court dismisses appeal of suspended army driver who overstayed leave. Ex Sepoy Madan Prasad v. Union of India, 2023 LiveLaw (SC) 580 : AIR 2023 SC 3642 : (2023) 9 SCC 100 In the armed forces of the Union, including the paramilitary forces, utmost discipline, unity of command et al are the sine qua non. That said, the doctrine of proportionality still holds the field. (Para 36) B.S. Hari Commandant v. Union of India, 2023 LiveLaw (SC) 303 Supreme Court sets aside punishment imposed on BSF Commandant for allegedly allowing trans-border drugs smuggling. B.S. Hari Commandant v. Union of India, 2023 LiveLaw (SC) 303 High Courts can entertain challenges to orders passed by Armed Forces Tribunal: Supreme Court overruled its Judgment. Union of India v. Parashotam Dass, 2023 LiveLaw (SC) 224 Army Act, 1950 Army Act, 1950 - Discipline is the implicit hallmark of the Armed Forces and a nonnegotiable condition of service. (Para 10) Ex Sepoy Madan Prasad v. Union of India, 2023 LiveLaw (SC) 580 Army Act, 1950; Sections 45 and 63 - Miscellanious application filed by UoI seeking clarification of Joseph Shine v. Union of India (2019) 3 SCC 39) - This Court was neither called upon nor has it ventured to pronounce on the effect of Sections 45 and 63 of the 1950 Act as also the corresponding provisions in other Acts or any other provisions of the Acts. We only make this position clear. Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117 : 2023 Cri LJ 1400 : (2024) 2 SCC 334 Assigned Lands (Prohibition of Transfers) Act, 1977 (Andhra Pradesh) Assigned Lands (Prohibition of Transfers) Act, 1977 (Andhra Pradesh) - Serious allegations prevail against the Appellants for being involved with the land mafia to usurp the Subject Land for private interests which was the precise reason for the Government to introduce legislation in the nature of the 1977 Act. Held, the Appellants are not entitled to any compensation under the existing constitutional framework. The proceedings emanating out of the second show cause notice (SCN) were valid; the Subject Land was non-alienable and hence was subject to the provisions of the 1977 Act. The Appellants had transferred the Subject Land in contravention to the provisions of 1977 Act and therefore, the resultant resumption order dated 27.01.2007 is valid. The Appellants are also not entitled to any compensation on account of the requisition of the assigned land. (Para 74 & 75) Yadaiah v State of Telangana, 2023 LiveLaw (SC) 590 Assigned Lands (Prohibition of Transfers) Act, 1977 (Andhra Pradesh) - The parties have been litigating since the year 1994. During these decades, the Subject Land has acquired enormous value. Some of the documents on record do indicate that land mafia has already ousted the gullible Assignees and now have vulture's eyes on the land. Additionally, 'Greyhounds Commando Force', a security agency of paramount national importance, currently occupies the Subject Land in public interest. The Subject Land in its entirety is declared to have vested in the State Government. On further allotment, its ownership and possessory rights, free from all encumbrances, stand transferred in favour of the Greyhounds Commando Force. No Civil Court or High Court shall entertain any claim whatsoever on behalf of any Assignee, their legal representative, GPA holder or any other claimant under any Agreement to sell or other instruments, claiming direct or indirect interests in the Subject Land. There shall be a final quietus of title and possessory dispute over the Subject Land in favour of the RespondentState and/or the agency to whom the said land has been allotted. (Para 76) Yadaiah v State of Telangana, 2023 LiveLaw (SC) 590 Auction Possession of license to do business in shop does not entitle party to allotment of auction platform as matter of right. Gurjit Singh v. Union Territory, 2023 LiveLaw (SC) 180 : AIR 2023 SC 1395 Aysuh Mission Operating Guidelines of the National AYSUH Mission - Paragraph 4(vi)(b) - Order for the purchase of Ayurvedic medicines issued by the State of Uttar Pradesh in favour of Indian Medicines Pharmaceutical Corporation Limited (IMPCL) - Inviting tenders from the entities is the...

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

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