Tag: Justice Kotiswar Singh

Nomination vs. Succession: Supreme Court Clarifies Who Gets GPF Funds After Death
3Mar By The Legal ChamberNo Comments
Supreme Court

Nomination vs. Succession: Supreme Court Clarifies Who Gets GPF Funds After Death

This Supreme Court judgment clarifies that a nomination under the General Provident Fund Rules only authorizes receipt of funds and does not confer absolute title. When a nomination becomes invalid due to the subscriber acquiring a family, the amount must be distributed equally among all eligible family members, regardless of any unmodified nomination. Facts Of The Case: The dispute arose from the death of Bolla Mohan, a government employee who died in service on July 4, 2021. Upon joining service in 2000, the deceased had nominated his mother, B. Suguna (respondent No. 1), as the recipient of his General Provident Fund (GPF), Central Government Employees Group Insurance Scheme (CGEIS), and Death cum Retirement Gratuity (DCRG). However, on June 20, 2003, he married Bolla Malathi (the app...
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Supreme Court Clarifies Slum Laws: Landlords Get First Right to Redevelop Their Property
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Slum Laws: Landlords Get First Right to Redevelop Their Property

This Supreme Court judgement affirms that landowners possess a preferential right to redevelop their property declared as a Slum Rehabilitation Area under the Maharashtra Slum Areas Act, 1971. The Court held that the Slum Rehabilitation Authority must formally invite the landowner to submit a rehabilitation scheme. The power of the State to acquire the land under Section 14 of the Act is subject to this preferential right and cannot be exercised before this right is legally extinguished. Facts Of The Case: The case concerned a land dispute in Mumbai, where Indian Cork Mills Private Limited (ICM) was the owner of a plot that had been encroached upon by slum dwellers. A portion of the land was declared a slum area in 1979, and later, in 2011, the entire plot was declared a Slum Reh...
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Who Pays for Poor Students?:Supreme Court Stops Kerala’s Extra Fee on NRI Medical Students
25May By The Legal ChamberNo Comments
Supreme Court

Who Pays for Poor Students?:Supreme Court Stops Kerala’s Extra Fee on NRI Medical Students

The Supreme Court held that the Kerala government's directive to create a corpus fund from NRI student fees lacked legislative backing, violating the principle that fees cannot be levied without statutory authority. It ruled that unaided institutions retain autonomy over fee structures, subject only to anti-profiteering regulations, and emphasized that welfare measures must be enacted through proper legislation. The Court allowed colleges to retain collected funds but mandated their use for subsidizing economically weaker students. Facts Of The Case: The case arose from a dispute over the Kerala government's directive requiring self-financing medical colleges to contribute a portion of fees collected from Non-Resident Indian (NRI) students towards a corpus fund. This fund aimed to subs...
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