Administrative Law - Appointment under the Evictee Scheme - Under the Evictee Scheme, what is available is only appointment under either Grade 'C' or Grade 'D' post. However, taking note of the vast experience and qualification of the first respondent, it will be open to the appellants to utilize her services appropriately, ignoring the category under which she is appointed. Union of India v. Acquilin Rose M., C.A. No. 1877 of 2018 13-02-2018
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Advocates - Bar Councils and Associations - State Bar Councils - Free and fair elections - Directions. Ajayinder Sangwan v. Bar Council of Delhi, JT 2018 (2) SC 122 : 2018 (2) Scale 249 : (2018) 2 SCC 770 : 2018 (1) SCC(Cri) 850 T.C. (C) No. 126 of 2015 05-02-2018
Arbitration - If the party which executes discharge agreement/discharge voucher, alleges that the execution of such discharge agreement or voucher was on account of fraud/coercion/undue influence practised by the other party but is not able to establish such a claim or appears to be lacking in credibility, then it is not open to the courts to refer the dispute to arbitration at all. ONGC Mangalore Petrochemicals v. Ans Constructions, AIR 2018 SC 796 : 2018 (1) ArbLR 597 : JT 2018 (2) SC 212 : 2018 (3) MLJ 684 : 2018 (2) RAJ 157 : 2018 (2) RCR (Civil) 548 : 2018 (2) Scale 354 : (2018) 3 SCC 373 C.A. No. 1659 of 2018 07-02-2018
Arbitration - While applying price adjustment formula for calculating the price adjustment of bitumen, it is the base rate which is to be applied and not the current rate. National Highway Authority of India v. Progressivemvr, AIR 2018 SC 1270 : 2018 (2) ArbLR 111 : 2018 (2) RAJ 670 : 2018 (3) Scale 333 : 2018 (2) Supreme 81C. A. No. 458 / 2018 23-02-2018
Arbitration and Conciliation Act, 1996 - Difference between reference to another document in a contract and incorporation of another document in a contract, by reference. Elite Engineering and Construction v. Techtrans Construction, 2018 (2) ArbLR 100 : 2018 (2) ALT 102 : 2018 (126) CLT 112 : 2018 (2) RAJ 643 : 2018 (2) RCR (Civil) 312 : 2018 (3) Scale 352 : (2018) 4 SCC 281 : 2018 (1) Supreme 738 C. A. No. 2439 / 2018 23-02-2018
Arbitration and Conciliation Act, 1996 - Enforcement of an award through its execution can be filed anywhere in the country where such decree can be executed and there is no requirement for obtaining a transfer of the decree from the Court, which would have jurisdiction over the arbitral proceedings. Sundaram Finance v. Abdul Samad, AIR 2018 SC 965 : 2018 (128) ALR 744 : 2018 (3) ALD 79 : 2018 (2) CTC 101 : 2018 (2) ArbLR 1 : 2018 (1) JLJ 511 : JT 2018 (3) SC 16 : 2018 (1) KLJ 803 : 2018 (2) KLT 293 : 2018 (36) LCD 568 : 2018 (2) Mh.L.J. 301 : 2018 (3) MLJ 862 : 2018 (1) MPLJ 640 : 2018 (2) RAJ 133 : 2018 (1) RCR (Civil) 994 : (2018) 3 SCC 622 : 2018 (2) SLT 89 : 2018 (3) Supreme 198, 2018 (140) RD 538 : 2018 (2) SCALE 467 C.A. No. 1650 of 2018 15-02-2018
Armed Forces Tribunal Act, 2007 - S. 32 - The work record of the appellant shows that he is a very good officer. It also reflects that from time to time he has been given important assignments which he has been able to accomplish and discharge to the satisfaction of his superiors. It is because of these reasons he has earned commendations insofar as performance of his duties is concerned. May be he has nurtured the impression that he is the best, and that is not factually correct. However, it also cannot be denied that he has proved to be a useful officer to the Navy. Such a person deserves to get what is legitimately due to him - the respondents would keep in mind the aforesaid factors and give him the promotion in his turn without delaying the same and his promising career would not be put in jeopardy. Commodore P. K. Banerjee v. Union of India, (2018) 4 SCC 355 : 2018 (1) SCC(L&S) 735 : 2018 (3) Supreme 349 C.A. No. 1843 of 2018 12-02-2018
Army Law - Voluntary Retirement - Disability Pension - An officer, who seeks voluntary retirement and whose disability is 20% or more, either attributable to or aggravated by military service, will be entitled to disability pension. Ex. Lt. Col. R.K. Rai v. Union of India, AIR 2018 SC 3555 : 2018 (5) All.M.R. 458 : JT 2018 (2) SC 397 : 2018 (4) MLJ 46 : 2018 (3) Scale 108 : 2018 (1) SCC(L&S) 615 : 2018 (1) Supreme 683 C.A. No. 3101 of 2015 16-02-2018
Bail - The grant or refusal of bail is entirely within the discretion of the judge hearing the matter and though that discretion is unfettered, it must be exercised judiciously and in a humane manner and compassionately. Also, conditions for the grant of bail ought not to be so strict as to be incapable of compliance, thereby making the grant of bail illusory. Dataram Singh v. State of Uttar Pradesh, 2018 (1) ACR 741 : 2018 (4) ADJ 477 : AIR 2018 SC 980 : 2018 (3) ALJ 159 : 2018 CriLJ 2161 : 2018 (1) CTC 782 : 2018 (1) GLH 520 : 2018 (1) JKJ 149 : 2018 (2) JLJR 98 : JT 2018 (2) SC 466 : 2018 (2) PLJR 67 : 2018 (2) MLJ (Cri) 201 : 2018 (2) RCR (Criminal) 131 : 2018 (1) RLW 591 : 2018 (2) Scale 285 : (2018) 3 SCC 22 : 2018 (1) SCC (Cri) 675 : 2018 (1) SLT 772 Crl.A. No. 227 of 2018 06-02-2018
Banking Regulation Act, 1949 - S. 21A - Constitutional Validity of - Section 21A of the Banking Regulation Act to be valid as it is part of an enactment which, in pith and substance, is relatable to Entry 45, List I of the Seventh Schedule to the Constitution. However, insofar as Section 21A incidentally encroaches upon the field of relief of agricultural indebtedness, set out in Entry 30, List II, it will not operate only in States where there is a State Debt Relief Act which deals with the subject matter of relief of agricultural indebtedness, where the State Debt Relief Act covers debts due to “banks”, as defined in those Acts. In States where the State Debt Relief Act does not apply to banks at all, or applies only to certain specified banks, Section 21A will, in the former situation, apply in such States, and, in the latter situation, apply only in respect of loans made to agriculturists where such loans are given by banks other than the banks specified or covered by the concerned State Debt Relief Act, as the case may be. Jayant Verma v. Union of India, AIR 2018 SC 1079 : 2018 (2) Bom.C.R. 679 : JT 2018 (3) SC 182 : 2018 (4) MLJ 282 : 2018 (3) Scale 156 : (2018) 4 SCC 743 : 2018 (2) Supreme 682 W.P. (C) No. 134 of 2013 16-02-2018
Cenvat Credit Rules, 2004 - Cenvat Credit on goods transport agency service availed for transport of goods from place of removal to buyer’s premises was not admissible to the respondent. Commissioner of Central Excise Service Tax v. Ultra Tech Cement, AIR 2018 SC 706 : 2018 (9) GSTL 337 : JT 2018 (2) SC 94 : 2018 (1) Scale 649 : (2018) 2 SCC 721 : 2018 (1) Supreme 548 C.A. No. 11261 of 2016 01-02-2018
Cenvat Credit Rules, 2004 - Once it is accepted that place of removal is the factory premises of the assessee, outward transportation ‘from the said place’ would clearly amount to input service. That place can be warehouse of the manufacturer or it can be customer’s place if from the place of removal the goods are directly dispatched to the place of the customer. One such outbound transportation from the place of removal gets covered by the definition of input service. Commissioner of Customs Central Excise and Service Tax Guntur v. Andhra Sugars Ltd., JT 2018 (2) SC 105 : 2018 (2) Scale 244 : (2018) 3 SCC 223 C.A. No. 11711 of 2016 05-02-2018
Chartered Accountants Act, 1949 - S. 21 - Petition to initiate investigation against Multi-National Accounting Firms (MAFs) and Indian Chartered Accountancy Firms (ICAFs) having arrangement with such MAFs for breach of Code of Professional Conduct under the CA Act and also to take penal action by way of cancellation of permission granted to them by the Institute of Chartered Accountants of India (ICAI). S. Sukumar v. Secretary, Institute of Chartered Accountants of India, 2018 (2) Supreme 1 : 2018 (3) Scale 433 W.P. (C) No. 991 of 2013 23-02-2018
Cinematograph Act, 1952 - Whether there is the necessity of “disclaimer” or not has to be decided by the Censor Board which is the statutory authority that grants the certificate. Adarsh Cooperative Housing Society Ltd. v. Union of India, AIR 2018 SC 1430 : 2018 (3) AWC 2538 : 2018 (2) Supreme 443 W.P. (C) No. 129 of 2018 16-02-2018
Civil Law - Connected Matters already remitted to the High Court - Appeal Disposed. Lohit v. State of Haryana, 2018 (3) RCR (Civil) 402 C.A. No. 1801 of 2018 09-02-2018
Civil P.C. 1908 - Cryptic and Unreasoned order undoubtedly caused prejudice to the parties because it deprived them to know the reasons as to why one party has won and other has lost. G. Saraswathi v. Rathinammal, AIR 2018 SC 949 : 2018 (2) ALT 33 : 2018 (3) ALD 68 : 2018 (129) ALR 256 : JT 2018 (2) SC 303 : 2018 (1) MPWN 195 : 2018 (2) RCR (Civil) 33 : (2018) 3 SCC 340 : 2018 (3) Supreme 196 : 2018 (2) SCALE 481 C.A. No. 2112 of 2018 15-02-2018
Civil P.C. 1908 - O. 22 R. 5 - Consideration for deciding Legal Representative - When a question arises before the Court in a pending matter as to who will come on record as the legal heir of the deceased, the Court shall, before proceeding to decide with the substantive issues involved in the case, first and foremost, shall decide who is the legal representative of the deceased. When a party dies at the stage of second appeal and there are rival contenders claiming to be the legal representatives of the deceased, as in the present case, there is a burden cast upon the Court to first decide as to who is the legal representative of the deceased. Without doing so, the Court cannot proceed with the disposal of the case on hand. At the same time, the Court cannot make all the contenders as parties. The aspect of deciding legal representative cannot also be postponed with a view to decide the same at the time of final disposal of the appeal on merits. It is significant that the statute has clearly mandated that if the question of deciding the legal representative of a legatee arises before an appellate Court, it may direct the subordinate Court to make enquiries by leading evidence if any through the process of trial and record its finding as to who is the legal representative. After considering the finding recorded by the trial Court, the appellate Court can decide and bring on record the legal representative of the deceased. Mahanth Satyanand @ Ramjee Singh v. Shyam Lal Chauhan, 2018 (129) ALR 281 : 2018 (126) CLT 323 : 2018 (5) Scale 314 : 2018 (3) Supreme 684 C.A. No. 6318 of 2010 08-02-2018
Civil P.C. 1908 - S. 100 - Second Appeal - Substantial Question of Law - Requirements of. Surat Singh v. Siri Bhagwan, 2018 (1) ARC 677 : 2018 (2) ALD 154 : 2018 (129) ALR 474 : 2018 (2) ALT 35 : 2018 DNJ 299 : 2018 (1) HLT 291 : JT 2018 (2) SC 428 : 2018 (2) RCR (Civil) 574 : 2018 (3) Scale 246 : (2018) 4 SCC 562 : 2018 (2) Supreme 137 : 2018 (2) WLN 49 C.A. No. 9118 of 2010 19-02-2018
Civil P.C. 1908 - S.11, O. 7 R. 11 & O. 2 R. 2 - Res Judicata - Rejection of Plaint - Averments in plaint must be considered and not what is stated in written statement. Soumitra Kumar Sen v. Shyamal Kumar Sen, (2018) 5 SCC 644bit.ly/CA1513of2018
Civil P.C. 1908 - Service of summons on the defendants without mentioning therein a specific day, date, year and time cannot be held as “summons duly served” on the defendants within the meaning of Order IX Rule 13 of the Code. Auto Cars v. Trimurti Cargo Movers Pvt. Ltd., AIR 2018 SC 1165 : 2018 (3) Bom.C.R. 452 : 2018 (2) CTC 343 : 2018 (2) RCR (Civil) 119 : JT 2018 (2) SC 328 : 2018 (140) RD 411 : 2018 (3) Supreme 314 C.A. No. 2113 of 2018 15-02-2018
Civil Services Examination - Information sought with regard to marks in Civil Services Exam cannot be directed to be furnished mechanically. Union Public Service Commission v. Angesh Kumar, 2018 (4) ALD 28 : AIR 2018 SC 1138 : 2018 (2) CTC 337 : 2018 (2) JLJR 29 : JT 2018 (2) SC 404 : 2018 (2) PLJR 86 : (2018) 4 SCC 530 : 2018 (2) SCC(L&S) 73 : 2018 (2) Supreme 60 : 2018 (1) UPLBEC 289 C.A. No. 6159 of 2013 20-02-2018
Code of Civil Procedure Act, 1977 (Jammu and Kashmir) - O. 39 R. 2A - Contempt Proceedings. R.K. Arora General Manager v. M/s Ace Enterprises, C.A. No. 1820 of 2018 07-02-2018
Companies Act, 2013 - Section 421(3) which contains mandatory or peremptory negative language and speaks of a second period not exceeding 45 days. Bengal Chemist and Druggists Association v. Kalyan Chowdhury, AIR 2018 SC 807 : 2018 (2) CTC 326 : 2018 (2) JLJR 49 : JT 2018 (2) SC 462 : 2018 (2) PLJR 186 : (2018) 3 SCC 41 : 2018 (2) SLT 72 C.A. No. 684 of 2018 02-02-2018
Constitution of India - A petition under Article 32, without clear element of public interest, cannot be entertained at the instance of a political rival merely on account of an alleged procedural irregularity in the decision making which can be challenged at appropriate forum by the aggrieved party. Swaraj Abhiyan v. Union of India, AIR 2018 SC 993 : (2018) 4 SCC 300 : 2018 (3) Supreme 340 W.P. (C) No. 720 of 2016 13-02-2018
Constitution of India - Art. 136 - Dispute between Principal and Management. Dr. Vandana Tyagi v. Apeejay Saraswati P.G. College For Girls, (2018) 5 SCC 789 : JT 2018 (2) SC 460 C.A. No. 1802 of 2018 09-02-2018
Constitution of India - Art. 142 - this is a fit case where this Court should invoke its discretion to do complete justice between the parties and to put an end to the entire litigations. Pradeshiya Industrial Development Corporation Ltd. U.P. v. Hindustan Aeronautics Ltd. (Lucknow Division) C.A. No. 1467 of 2018 01-02-2018
Constitution of India - Art. 224 - Attendance of retired Judges at sittings of High Court - Purpose and Object. Sunil Samdaria v. Union of India, AIR 2018 SC 1174 : 2018 (3) Scale 373 : 2018 (1) Supreme 758 : 2018 (2) WLN 78 W.P. (C) No. 835 of 2017 23-02-2018
Constitution of India - Art. 226 - Regional Transport Authority (RTA) - Declared 81 licences as fake licences - Delay - Matter remanded to High Court. Arun Maan v. State of Uttar Pradesh, JT 2018 (2) SC 260 : (2018) 4 SCC 339C.A. No. 1494 of 2018 02-02-2018
Consumer Law - A partnership firm started by unemployed graduates for self-employment can move the consumer courts for compensation for losses suffered due to bad machinery sold to them. Paramount Digital Color Lab v. Agfa India, AIR 2018 SC 3449 : 2018 (3) CPJ 12 : 2018 (2) RCR (Civil) 69 C.A. No. 2109 of 2018 15-02-2018
Contempt of Courts Act, 1971 - BCI has finalized the schedule for election in respective State Bar Councils - election schedule as finalized by the BCI is just and proper - no case has been made out to initiate contempt proceeding against the BCI. The contempt petition is hereby dismissed. Ajayinder Sangwan v. K.K. Mohan, JT 2018 (2) SC 125 : 2018 (2) Scale 251 : (2018) 2 SCC 774 : 2018 (1) SCC(Cri) 854Con.P. (C) No. 565 of 2018 05-02-2018
Contempt Petition - Closed. State of Tamil Nadu represented by the Secretary to Government Public Works Department v. Siddaramaiah, Chief Minister, Government of Karnataka, JT 2018 (2) SC 344 Cont. P. (C) No. 225 of 2013 16-02-2018
Contract Law - Commercial contract is to be interpreted in accordance with the language used and context in which it is prepared. Transmission Corporation of Andhra Pradesh v. GMR Vemagiri Power Generation, 2018 (3) Scale 47 : (2018) 3 SCC 716 : 2018 (2) Supreme 635 C.A. No. 8747 of 2014 16-02-2018
Contract Law - Specific Performance - Distinction between readiness to perform the contract and willingness to perform the contract. Kalawati v. Rakesh Kumar, AIR 2018 SC 960 : 2018 (3) ALD 63 : 2018 (128) ALR 730 : JT 2018 (2) SC 338 : 2018 (3) MLJ 696 : 2018 (2) RCR (Civil) 125 : 2018 (3) Scale 32 : (2018) 3 SCC 658 : 2018 (3) Supreme 483 : 2018 (1) UC 639 C.A. No. 2244 of 2018 16-02-2018
Criminal P. C. 1973 - S. 439 - Bail - there is little reference to/or discussion on the merits of the bail applications - the fact that the deceased belonged to a certain community cannot be a justification for any assault much less a murder - a Court fully conscious of the plural composition of the Country while called upon to deal with rights of various communities, cannot make such observations which may appear to be coloured with a bias for or against a community. Mubin Shaikh v. State of Maharashtra, AIR 2018 SC 947 : 2018 (103) AllCC 612 : 2018 All.M.R.(Cri.) 1363 : 2018 (1) ALT (Cri) 309 : 2018 (2) Bom.C.R. (Cri.) 460 : 2018 (2) Crimes 293 : JT 2018 (2) SC 275 : (2018) 4 SCC 312 : 2018 (3) Supreme 448 : 2018 (1) UC 463Crl.A. No. 245 of 2018 08-02-2018
Criminal P.C. 1973 - S. 125 - Grant of Maintenance - DNA Test - appellant failed to prove that she was the wife of respondent - the respondent had fathered three children in her though the same was denied by the respondent - DNA report shows that the respondent is the father of the three children born to the appellant - Cancellation of maintenance is set aside. Pratima Das @ Arati Das v. Subudh Das, JT 2018 (3) SC 67 : 2018 (2) RCR (Criminal) 129 : (2018) 4 SCC 528 Crl.A. No 213 of 2018 01-02-2018
Criminal P.C. 1973 - S.482 - Quashing of FIR - complainant and the accused are husband and wife - even if the parties are sent to trial, the same is only to end up in acquittal in view of the settlement - Appeal is allowed. Wasim Anwar v. State of Nct of Delhi, 2018 (3) Crimes 85 : 2018 (3) RCR (Criminal) 558Crl.A. No. 289 of 2018 19-02-2018
Criminal P.C. 1973 - S.88 - Power to release accused on bond upon his appearance in court - Said power is not mandatory - It is discretionary in nature. Pankaj Jain v. Union of India, 2018 (1) ALD (Cri) 752 : 2018 (103) AllCC 322 : 2018 (3) ALJ 173 : AIR 2018 SC 1155 : 2018 (2) Bom.C.R. (Cri.) 399 : 2018 (2) CTC 467 : 2018 CriLJ 1824 : 2018 (2) Crimes 5 : 2018 (2) JCC 1000 : 2018 (2) JLJR 1 : JT 2018 (3) SC 117 : 2018 (1) KLJ 851 : 2018 (1) KLT 996 : 2018 (2) PLJR 71 : 2018 (3) Scale 421 : (2018) 5 SCC 743 : 2018 (2) SCC(Cri) 867 : 2018 (2) Supreme 104 : 2018 (1) UC 439 Crl.A. No. 321 of 2018 23-02-2018
Criminal P.C. 1973 - Ss. 397 & 398 - Magistrate observes that the Sessions court has already made out a prima facie case. Such finding would be difficult to sustain as the revisional court only observed certain aspects in furtherance of remanding the matter. Such observations could not have been made by the Magistrate as he was expected to apply his independent mind while taking cognizance. Rajendra Rajoriya v. Jagat Narain Thapak, AIR 2018 SC 1229 : 2018 (103) AllCC 332 : 2018 (2) ALT (Cri) 69 : 2018 CriLJ 1832 : 2018 (2) Crimes 1 : 2018 (2) JLJR 38 : JT 2018 (2) SC 471 : 2018 (2) JLJ 290 : 2018 (2) PLJR 182 : 2018 (3) Scale 368 Crl.A. No. 312 of 2018 23-02-2018
Divorce Act, 1869 - S. 10A - Decree of Divorce by Mutual Consent - Allowed. Sudarsana Rao Gadde v. Karuna Gadde, 2018 (2) ALT 111 : 2018 (3) Bom.C.R. 443 C.A. No. 2287 of 2018 20-02-2018
Education - Right of Children to Free and Compulsory Education Act, 2009 - Education Act, 1958 (Kerala) - S.15 - Taking over of schools in public interest and in interest of education - the State has to take all steps for fulfilling the objective to provide education to children upto 14 years of age seeking Primary (Upper Primary and Lower Primary) education. The State decision to run the Primary schools which were decided to be closed by their respective management was in public interest and in the interest of the education. The High Court has rightly refused to interfere with the decision of the State Government taking over the schools to run the same directly by the Government. A.A. Padmanbhan v. State of Kerala, 2018 ALT (Rev) 51 : AIR 2018 SC 2982 : JT 2018 (2) SC 436 : 2018 (4) MLJ 213 : 2018 (3) Scale 91 : (2018) 4 SCC 537 : 2018 (2) Supreme 452 C.A. No. 2206 of 2018 16-02-2018
Election - the nondisclosure of assets and sources of income of the CANDIDATES and their ASSOCIATES would constitute a corrupt practice falling under heading ‘undue influence’ as defined under Section 123(2) of the RP Act of 1951. Lok Prahari, Through Its General Secretary S.N. Shukla v. Union of India, AIR 2018 SC 1041 : 2018 (1) Crimes 145 : 2018 (2) RCR (Civil) 754 : 2018 (3) Scale 1 : (2018) 4 SCC 699 : 2018 (2) SCC(L&S) 125 : 2018 (2) Supreme 549 W.P. (C) No. 784 of 2015 16-02-2018
Electricity - If the Board initiates any action against any person/consumer, then such action must be brought to its logical end in accordance with the procedure prescribed under the Act after affording an opportunity to such person/consumer. Maharashtra State Electricity Distribution Co. Ltd. v. Appellate Authority, 2018 (3) ABR 65 : 2018 (2) All.M.R. 916 : AIR 2018 SC 977 : 2018 (3) Bom.C.R. 478 : 2018 (2) JLJR 15 : JT 2018 (2) SC 299 : 2018 (2) PLJR 83 : 2018 (2) RCR (Civil) 48 : (2018) 3 SCC 608 : 2018 (3) Supreme 254 : 2018 (2) SCALE 490 C.A. No. 3370 of 2007 15-02-2018
Electricity Act - Power Purchase Agreement (PPA). Rithwik Energy Generation Pvt. Ltd. v. Bangalore Electricity Supply Co. Ltd.. 2018 (129) ALR 304 : JT 2018 (3) SC 95 : 2018 (2) Supreme 493 C.A. No. 5084 of 2015 06-02-2018
Employees Compensation Act, 1923 - Lack of Territorial Jurisdiction - Serious allegations against the claimant - judgment was passed by the High Court without hearing the claimant - an opportunity of hearing, in the interest of justice, needs to be given to the claimant before the High Court to contest the appeal filed by the Insurance Company. Mohd. Anwar v. Oriental Insurance Company, 2018 (1) ACC 745 : 2018 ACJ 939 : 2018 (157) FLR 336 : JT 2018 (2) SC 410 : 2018 (3) Scale 59 : (2018) 3 SCC 300 : 2018 (1) SCC (L&S) 481 : 2018 (1) Supreme 750 C.A. No. 2265 of 2018 19-02-2018
Environmental Law - Illegal Mining - Renewal of Mining Leases - large-scale illegal mining of iron ore and manganese ore in the State of Goa - directions issued. Goa Foundation v. Sesa Sterlite, 2018 (2) All.M.R. 866 : 2018 (2) Bom.C.R. 485 : 2018 (8) FLT 173 : JT 2018 (2) SC 545 : 2018 (2) Scale 103 : (2018) 4 SCC 218 : 2018 (3) Supreme 617 SLA (C) No. 32138 of 2015 07-02-2018
E-Tender - Proposals for the work of “Technical designing, coordination and construction for rehabilitation/sale/ commercial/amenities along with construction of habitable temporary transit camps and other various works in 2 respect of redevelopment project”. Maharashtra Housing Development Authority v. Shapoorji Pallonji and Company Pvt. Ltd., AIR 2018 SC 945 : 2018 (3) All.M.R. 475 : 2018 (3) Bom.C.R. 466 : 2018 (2) JLJR 13 : JT 2018 (2) SC 265 : 2018 (4) MLJ 228 : 2018 (2) PLJR 169 : 2018 (2) SCALE 418 : (2018) 3 SCC 13 : 2018 (3) Supreme 466 C.A. No. 1836 of 2018 12-02-2018
Evidence Act, 1872 - Ss. 6, 7 & 32 - Dying declaration can be sole basis for conviction if inspiring confidence. Madan @ Madhu Patekar v. State of Maharashtra, AIR 2018 SC 2007 : 2018 (1) ALD (Cri) 1014 : 2018 All.M.R.(Cri.) 3584 : 2018 (2) Crimes 49 : 2018 CriLJ 2880 : 2018 (2) JCC 1050 : 2018 (3) Supreme 546 Crl.A. No. 1025 of 2011 06-02-2018
Finance Act, 1994 - S. 67 - Whether the value of goods or material supplied by the recipient of service, FOC to the service provider, which is used by service provider for providing the taxable service of construction, is to be included in the gross consideration, for the valuation purpose under the Finance Act for the chargeability of Service Tax ? Held, Service Tax not payable on material supplied free of cost by service recipient during construction. Commissioner of Service Tax v. Bhayana Builders, C.A. No. 2452 of 2014 19-02-2018
Forest Law - Felling of Trees - On an experimental basis we may permit silviculture felling of trees to a very limited extent and such felling should be monitored very carefully to see whether such silviculture felling actually helps in the regeneration of forests or not. In Re : T. N. Godavarman Thirumulpad v. Union of India, 2018 (8) FLT 445 : 2018 (1) Supreme 700 W. P. (C) No. 202 of 1995 16-02-2018
Hindu Marriage Act, 1955 - S. 13B - Waiting period for a decree of divorce by mutual consent. Sachin Dinanath Dhuri v. Sneha Sachin Dhuri, C.A. No. 2414 of 2018 22-02-2018
Hindu Succession Act, 1956 - Whether the daughters could be denied their share on the ground that they were born prior to the enactment of the Act and, therefore, cannot be treated as coparceners -Whether, with the passing of Hindu Succession (Amendment) Act, 2005, the appellants would become coparcener “by birth” in their “own right in the same manner as the son” and are, therefore, entitled to equal share as that of a son? Danamma @ Suman Surpur v. Amar, 2018 (4) ADJ 406 : AIR 2018 SC 721 : 2018 (3) ALD 19 : 2018 (127) ALR 711 : 2018 (2) ALT 22 : 2018 (2) Bom.C.R. 341 : 2018 (2) CGLJ 53 : 2018 (125) CLT 401 : 2018 (1) CTC 788 : 2018 (1) GLH 418 : 2018 (1) JLJR 346 : 2018 (2) KarLJ 577 : 2018 (3) Mh.L.J. 451 : 2018 (2) MPLJ 280 : 2018 (1) OLR 494 : 2018 (2) PLJR 26 : 2018 (1) RCR (Civil) 863 : 2018 (139) RD 700 : 2018 (1) RLW 460 : 2018 (1) Scale 657 : (2018) 3 SCC 343 : 2018 (1) SLT 642 : 2018 (1) Supreme 538 : 2018 (1) WLN 49 : 2018 (1) UC 627 C.A. No. 188-189 of 2018 01-02-2018
Income Tax Act, 1961 - Charitable Trust - CIT had no jurisdiction to cancel the registration certificate once granted by him under Section 12A till the power was expressly conferred on the CIT by Section 12AA(3) of the Act w.e.f. 01.10.2004. Industrial Infrastructure Development Corporation (Gwalior) M. P. Ltd. Vs. Commissioner of Income Tax Gwalior M.P., AIR 2018 SC 3560 : JT 2018 (2) SC 455 : 2018 (1) OLR 791 : 2018 (3) Scale 42 : (2018) 4 SCC 494 : 2018 (2) Supreme 471 C.A. No. 6262 of 2010 16-02-2018
Income Tax Act, 1961 - S.14A - Disallowance under S. 14A of the act is applicable to expenditure in relation to exempt income from Stock-in-Trade. Maxopp Investment Ltd. v. Commr. of I. T New Delhi, 2018 (3) Supreme 689 C.A. No. 104 of 2015 12-02-2018
Industrial Dispute Act, 1947 - General Manager of a Corporation is not a ‘workman’ under the Act. Rajeshwar Mahto v. Alok Kumar Gupta G. M. M/s Birla Corpn. Ltd; AIR 2018 SC 1267 : 2018 (157) FLR 151 : 2018 (2) JLJR 18 : 2018 (2) JT 477 : 2018 LLR 368 : 2018 (2) PLJR 171 : 2018 (3) Scale 323 : (2018) 4 SCC 341 : 2018 (1) SCC (L&S) 722 : 2018 (1) Supreme 752 M.A No. 711 of 2017 23-02-2018
Industrial Disputes Act, 1947 - Whether the Supervisors / Deputy Superintendents would be workmen or not. IEL Suprevisor Association v. Duncan Industries, (2018) 4 SCC 505 : 2018 (2) SCC (L&S) 71 C.A. No. 9382 of 2017 23-02-2018
Industrial Infrastructure Development Corporation Act, 1980 (Orissa) - Ss. 14, 15, 31, 34, 58 - Functions - General powers of the Corporation - Acquisition of Land - Transfer of Government lands to the Corporation - Disposal of land by the Corporation - Acquisition of unutilised surplus lands in industrial areas and allotment to other industries - Power to make rules - Power to make regulations - Power of Acquisition and disposal of the land - Regularisation in the absence of regulations - Transfer of land without conducting public auction - Consideration for the land not commensurate - Discussed. Odisha Industrial Infrastructure Development Corporation v. Pitabasa Mishra, JT 2018 (2) SC 414 : 2018 (3) Scale 132 : (2018) 3 SCC 732 : 2018 (1) Supreme 689C.A. No. 2269 of 2018 19-02-2018
Insurance Policy - Rejection of the policy must be made in a reasonable time so as to be fair and in consonance with the good faith standards. D. Srinivas v. SBI Life Insurance, 2018 ACJ 1025 : AIR 2018 SC 2180 : 2018 (129) ALR 216 : 2018 (1) CPJ 21 : JT 2018 (3) SC 10 : 2018 (2) RCR (Civil) 161 : 2018 (3) Scale 85 : (2018) 3 SCC 653 : 2018 (2) SLT 294 : 2018 (2) Supreme 467 C.A. No. 2216 of 2018 16-02-2018
Inter State Water Disputes Act, 1956 - Issues of allocation - Principles of apportionment to be followed - Determination of irrigated areas in Tamil Nadu and Karnataka - Assessment of water for irrigation needs in Tamil Nadu and Karnataka - Water allocation for the State of Kerala - Water allocation for the Union Territory of Puducherry - Recognition of ground water as an additional source in Tamil Nadu - Water allocation for Domestic and Industrial purposes in Tamil Nadu - Water allocation for Domestic and Industrial purposes of State of Karnataka - Allocation of water towards environmental protection - Revised water allocation amongst competing States - Interpretation of Section 6A of the 1956 Act. State of Karnataka by its Chief Secretary v. State of Tamil Nadu by its Chief Secretary, 2018 (4) MLJ 17 : (2018) 4 SCC 1 C.A. No. 2453 of 2007 16-02-2018
Interim Order - In a situation where the impugned orders are interim in nature and when the first appeal in which such impugned orders were passed is still pending for its final disposal in the High Court, it would be in the interest of all the parties to the appeal that the appeal itself be disposed of finally on merits. B. Muthukrishnan v. S.T. Reddiar Educational and Charitable Trust, JT 2018 (2) SC 490 : 2018 (3) Scale 318 : (2018) 4 SCC 298 : 2018 (2) Supreme 33 C.A. No. 5813 of 2009 23-02-2018
Intermediate Education Council (Repeal) Act, 2007 (Bihar) - Adjustment of employees of the Bihar Intermediate Education Council - Once the Committee, as per the Act, has submitted a Report, it was for the State Government to act in terms of the Report. For the implementation of the Report, there was no requirement for a further Committee. Mukesh Kumar v. State of Bihar, JT 2018 (3) SC 1 : 2018 (2) JLJR 11 : 2018 (2) PLJR 81 : 2018 (3) Supreme 347 C.A. No. 1868 of 2018 13-02-2018
Juvenile Justice (Care and Protection of Children) Act, 2015 - High Court to seriously consider establishing child friendly courts and vulnerable witness courts in each district. Sampurna Behrua v. Union of India, 2018 (2) AWC 1734 : 2018 (2) Bom.C.R. 561 : 2018 (1) Crimes 21 : 2018 (2) MLJ (Cri) 94 : 2018 (2) Scale 209 : (2018) 4 SCC 433 : 2018 (2) SLT 20 : 2018 (1) Supreme 642 W.P. (C) No. 473 of 2005 09-02-2018
Labour Law - An employee is entitled to subsistence allowance during an inquiry pending against him or her but if that employee is starved of finances by zero payment, it would be unreasonable to expect the employee to meaningfully participate in a departmental inquiry. Uco Bank v. Rajendra Shankar Shukla, 2018 (2) CTC 331 : 2018 (157) FLR 482 : 2018 (1) KLJ 815 : 2018 LLR 344 : 2018 (1) UPLBEC 285 : 2018 (4) Supreme 257 C.A. No. 2693 of 2013 15-02-2018
Labour Law - If one person is able to prove his case of regularization qua establishment from a particular date that does not necessarily mean that other person’s case is also automatically proved alike other person. Ennore Port Trust v. V. Manoharan, 2018 (157) FLR 345 : JT 2018 (2) SC 292 : (2018) 3 SCC 612 : 2018 (1) SCC (L&S) 609 : 2018 (3) Supreme 334 C.A. No. 2114 of 2018 15-02-2018
Labour Law - If the domestic inquiry was held illegal and improper then the next question, which arose for consideration, was whether to allow the employer to prove the misconduct / charge before the Labour Court on merits by adducing independent evidence against the employee. Kurukshetra University v. Prithvi Singh, AIR 2018 SC 973 : 2018 (157) FLR 340 : JT 2018 (2) SC 316 : 2018 (2) LLJ 257 : 2018 LLR 371 : (2018) 4 SCC 483 : 2018 (1) SCC(L&S) 749 : 2018 (2) JLJR 24 : 2018 (2) PLJR 177 : 2018 (3) Supreme 321 : 2018 (1) UPLBEC 315 2018 (2) SCALE 484 C.A. No. 3585 of 2008 15-02-2018
Labour Law - Terminated from Service - Unauthorized Absence - workman expired - interest of justice would be subserved in case a reasonable compensation is awarded to the legal representatives of the deceased. Baburao Dadu Sankpal v. Kolhapur Zilla Sahakari Doodh Utpadak Sangh, Kolhapur, JT 2018 (2) SC 470 C.A. No. 1840 of 2018 12-02-2018
Labour Law - Voluntary Retirement Scheme - Rourkela Steel Plant - Scheme for Allotment of Quarters to Ex-employees. Steel Authority of India Ltd. v. Choudhary Tilotama Das, AIR 2018 SC 1001 : 2018 (158) FLR 604 JT 2018 (2) SC 282 : 2018 (2) SCALE 421 : (2018) 3 SCC 308 : 2018 (1) SCC (L&S) 484 : 2018 (3) Supreme 468C.A. No. 1834 of 2018 12-02-2018
Land Acquisition - Acquisition proceedings do not lapse if the amount is deposited in the Treasury and such fact is made known to the claimants by the competent authority as required in law. Only interest is attracted, in case if the deposit is not made in Court. Indore Development Authority v. Shailendra, AIR 2018 SC 824 : 2018 (1) JLJR 387 : 2018 (1) PLJR 396 : 2018 (2) RCR (Civil) 455 : 2018 (2) Scale 1 : (2018) 3 SCC 412 : 2018 (2) SLT 146 C.A. No. 20982 of 2017 08-02-2018
Land Acquisition - Delay in Acquisition Procedure - Right of Dereservation - Procedure. Chhabildas v. State of Maharashtra, 2018 (2) All.M.R. 452 : 2018 (2) Bom.C.R. 599 : JT 2018 (2) SC 188 : 2018 (4) Mh.L.J. 550 : 2018 (3) MLJ 227 : 2018 (2) Scale 299 : (2018) 2 SCC 784 : 2018 (1) Supreme 629 C.A. No. 1607 of 2018 06-02-2018
Land Acquisition Act, 1894 - S. 4 - Whether the landowners are entitled to claim additional abadi plot in lieu of their acquired land. Khatoon v. State of U.P., 2018 ALT (Rev) 36 : JT 2018 (2) SC 305 : 2018 (2) RCR (Civil) 164 : 2018 (3) Supreme 326 : 2018 (1) UPLBEC 340 C.A. No. 2127 of 2018 15-02-2018
Land Acquisition Act, 1894 - the dispute in relation to non-award of interest can be raised by an aggrieved person only by taking recourse to Article 226 of the Constitution in writ petition - Reference under Section 18 or Section 28A(3) cannot be considered to be an alternative statutory remedy available to the landowner for getting the question of non-award of interest payable under Sections 28 or/and 34 of the Act decided by the Civil Court. Union of India v. Pushpavathi, AIR 2018 SC 1032 : 2018 ALT (Rev) 159 : 2018 (1) GLH 488 : JT 2018 (2) SC 166 : 2018 (4) MLJ 160 : 2018 (2) PLJR 197 : 2018 (1) RCR (Civil) 935 : 2018 (2) Scale 314 : (2018) 3 SCC 28 : 2018 (2) SLT 52 : 2018 (1) Supreme 461 C.A. No. 1622 of 2018 06-02-2018
Land Law - Direction of the High Court that the entry of possession cannot continue in favour of either of the parties is set aside - Matter is remanded to the Supervisor Qanoongo, who after hearing both the sides, shall decide as to who is in legal possession of the land in dispute and thereafter make relevant entry in the revenue records. Jagtar Singh v. State of Uttarakhand, AIR 2018 SC 761 : 2018 (4) ALJ 245 : 2018 ALT (Rev) 125 : JT 2018 (2) SC 91 : 2018 (1) Scale 671 : (2018) 2 SCC 647 : 2018 (1) Supreme 480 C.A. No. 1497 of 2018 02-02-2018
Land Law - Land Acquisition - Fixation of Land Value. State of Punjab v. Gurdev Singh, JT 2018 (2) SC 461 C.A. No. 1733 of 2018 07-02-2018
Land Law - When a draft scheme is prepared or notice of allotment of land is issued, then if a person has any objection to the same, he must file his objection at that stage and if he does not file the same, he cannot be permitted to raise these objections at a later stage. Mahant Lalita Sharanji v. Deoki Devi, AIR 2018 SC 957 : 2018 (3) ALD 60 : 2018 (4) ALJ 249 : 2018 (3) MLJ 357 : 2018 (3) Scale 37 : 2018 (3) Supreme 479 C.A. No. 394 of 2009 16-02-2018
Medical Council Act, 1956 - S.10A - deficiency of faculty members & Resident Doctors - did not recommend for renewal - Central Government, in its turn, observed that the deficiency found by the MCI was not compatible with the MCI guidelines. In such a situation, it is difficult to hold that there has been any perversity in the action of the authorities denying the renewal to the institution. IQ City Foundation v. Union of India, AIR 2018 SC 790 : 2018 (2) CTC 613 : JT 2018 (2) SC 145 : 2018 (3) MLJ 882 : 2018 (2) Scale 323 : (2018) 2 SCC 593 : 2018 (1) Supreme 666 W.P. (C) No. 502 of 2017 06-02-2018
Motor Accident Claims - Contributory Negligence - the nature of proof required in cases concerning accident claims is qualitatively different from the one in criminal cases, which must be beyond any reasonable doubts. Archit Saini v. Oriental Insurance Company, 2018 (1) ACC 655 : 2018 ACJ 721 : AIR 2018 SC 1143 : 2018 (2) ALD 161 : 2018 (127) ALR 185 : 2018 (3) Bom.C.R. 420 : JT 2018 (1) SC 206 : (2018) 3 SCC 365 : 2018 (2) SCC (Cri) 69 : 2018 (2) SLT 4 : 2018 (3) Supreme 455 C.A. No. 7300 of 2016 09-02-2018
Motor Accident Claims - Loss of taxable earning should be reckoned for the purpose of determining just compensation. Vijay Kumar Rastogi v. Uttar Pradesh State Roadways Transport Corporation, 2018 (1) ACC 584 : 2018 ACJ 1029 : AIR 2018 SC 819 : 2018 (5) Bom.C.R. 383 : JT 2018 (3) SC 3 : 2018 (3) Scale 255 : 2018 (2) SLT 75 : 2018 (3) Supreme 460 C.A. No. 11011 of 2017 09-02-2018
Motor Vehicle Accident - Contributory Negligence - No steps were taken by respondent(s) to implead parties related to vehicle which was parked on the road. Held, it was for Insurance company to take steps before the Tribunal to bring driver, owner and Insurance Company of the vehicle on party array. Oriental Insurance Co. Ltd. v. Usha Bhagchandani, 2018 (3) AWC 2401 : JT 2018 (3) SC 15 C.A. No. 1872 of 2018 13-02-2018
Motor Vehicles Act, 1988 - difference in compensation is just about 5% - Court normally does not interfere where variation in compensation is within permissible limits. New India Assurance v. Vinish Jain, 2018 (1) ACC 862 : 2018 ACJ 1004 : JT 2018 (2) SC 488 : 2018 (3) Scale 332 : (2018) 3 SCC 619 : 2018 (2) SCC(Cri) 79 : 2018 (2) Supreme 34 C.A. No. 2445 of 2018 23-02-2018
Motor Vehicles Act, 1988 - Enhancement of Compensation - Loss of Dependency - Necessity to provide Future Prospects - Justified in insisting for grant of future prospects at the rate of 40% of the established income. Munusamy v. Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 2018 (1) ACC 565 : 2018 ACJ 740 : AIR 2018 SC 816 : 2018 (127) ALR 241 : JT 2018 (2) SC 225 : 2018 (4) Mh.L.J. 543 : 2018 (3) MPLJ 283 : 2018 (2) RCR (Civil) 31 : (2018) 2 SCC 765 : 2018 (1) SCC (Cri) 846 : 2018 (2) SLT 69 : 2018 (3) Supreme 449 C.A. No. 1754 of 2018 09-02-2018
Motor Vehicles Act, 1988 - Multiplier should depend on the age of the deceased and not on the age of the dependents. Sube Singh v. Shyam Singh, 2018 (1) ACC 571 : 2018 ACJ 737 : AIR 2018 SC 1195 : 2018 (4) ALD 25 : 2018 (127) ALR 316 : 2018 (2) Bom.C.R. 674 : JT 2018 (2) SC 204 : 2018 (2) MPJR 4 : 2018 (1) OLR 813 : 2018 (2) RCR (Civil) 131 : 2018 (1) RLW 630 : 2018 (2) SCALE 385 : (2018) 3 SCC 18 : 2018 (1) SCC (Cri) 672 : 2018 (2) SLT 80 : 2018 (3) Supreme 453 C.A. No. 7176 of 2015 09-02-2018
Motor Vehicles Act, 1988 - S. 2(30) - It is the person in whose name the motor vehicle stands registered i.e. the person whose name is reflected in the records of the registering authority would be treated as the ‘owner’. However, where a person is a minor, the guardian of the minor would be treated as the owner. Where a motor vehicle is subject to an agreement of hire purchase, lease or hypothecation, the person in possession of the vehicle under that agreement is treated as the owner. Naveen Kumar v. Vijay Kumar, 2018 (1) ACC 549 : 2018 ACJ 677 : AIR 2018 SC 983 : 2018 (4) ALD 51 : 2018 (127) ALR 251 : 2018 (2) AWC 1607 : 2018 (2) Bom.C.R. 647 : 2018 (1) CGLJ 439 : 2018 (2) CTC 91 : 2018 (1) GLH 465 : JT 2018 (2) SC 136 : 2018 (1) KLJ 827 : 2018 (2) MPJR 41 : 2018 (2) PLJR 94 : 2018 (2) RCR (Civil) 74 : 2018 (2) Scale 263 : (2018) 3 SCC 1 : 2018 (1) SCC (Cri) 661 : 2018 (2) SLT 44 : 2018 (1) WLN 73 : 2018 (1) UC 648 C.A. No. 1427 of 2018 06-02-2018
Motor Vehicles Act, 1988 - Ss. 166 & 168 - Fatal Accident - Compensation - Future prospects - business of cable networks - calculation of annual income based on income tax returns - for deceased who was self-employed, future prospects cannot be denied and since deceased was 42 yrs of age, an addition of 25% on ground of future prospects would be warranted instead of 30% computed by Tribunal. Reliance General Insurance v. Shalu Sharma, 2018 ACJ 727 : 2018 (1) ACC 714 : AIR 2018 SC 712 : 2018 (2) ALD 130 : JT 2018 (2) SC 92 : 2018 (2) RCR (Civil) 118 : 2018 (1) RLW 495 : 2018 (1) Scale 669 : (2018) 2 SCC 753 : 2018 (1) SCC(Cri) 843 : 2018 (2) SLT 82 : 2018 (1) Supreme 469 C.A. No. 767 of 2018 02-02-2018
Motor Vehicles Rules, 1994 (Madhya Pradesh) - Rr. 63, 64 & 65 - Decision regarding modification of time schedule of vehicle route - Normal rule of decision by majority should be followed as no exception is provided in statute. State of Madhya Pradesh v. Mahendra Gupta, 2018 (2) ACC 175 : 2018 (1) JLJ 321 : JT 2018 (2) SC 177 : 2018 (3) MLJ 618 : 2018 (2) Scale 199 : (2018) 3 SCC 635 : 2018 (1) Supreme 674 C.A. No. 1562 of 2018 08-02-2018
Narcotic Drugs and Psychotropic Substances Act, 1985 - Search & Seizure - alleged recovery of contraband from suitcase - the statements of the independent panch witnesses depict a different picture than the one portrayed by the official witness - not proved beyond reasonable doubt - reversal of conviction by High Court was confirmed. Union of India v. Leen Martin, AIR 2018 SC 991 : 2018 (103) AllCC 649 : 2018 (1) ALT (Cri) 394 : 2018 All.M.R.(Cri.) 1361 : 2018 (1) Crimes 128 : 2018 (2) JCC 102 : 2018 (3) JKJ 181 : 2018 (2) MLJ(Cri) 469 : 2018 (2) RCR (Criminal) 122 : (2018) 4 SCC 490 : 2018 (2) Supreme 505 : 2018 (1) UC 469 Crl.A. No. 2150 of 2011 01-02-2018
Negotiable Instruments Act, 1881 - S.138 - accused shall pay an additional compensation amount of Rs.1,00,000/ to the complainant in lieu of simple imprisonment for 3 months. P. Ramadas v. State of Kerala, 2018 (1) ALD (Cri) 577 : 2018 (103) AllCC 617 : 2018 (1) ALT (Cri) 403 : 2018 (2) Bom.C.R.(Cri.) 433 : 2018 (1) Crimes 143 : JT 2018 (2) SC 412 : 2018 (2) RCR (Criminal) 529 : 2018 (3) Scale 62 : (2018) 3 SCC 287 : 2018 (2) SCC(Cri) 47 : 2018 (1) Supreme 756 : 2018 (1) UC 456 Crl.A. No. 271 of 2018 19-02-2018
Penal Code, 1860 - S. 201 - Causing disappearance of evidence of offence, or giving false information to screen offender - a charge under Section 201 of the IPC can be independently laid and conviction maintained also, in case the prosecution is able to establish that an offence had been committed, the person charged with the offence had the knowledge or the reason to believe that the offence had been committed, the said person has caused disappearance of evidence and such act of disappearance has been done with the intention of screening the offender from legal punishment. Mere suspicion is not sufficient, it must be proved that the accused knew or had a reason to believe that the offence has been committed and yet he caused the evidence to disappear so as to screen the offender. The offender may be either himself or any other person. Dinesh Kumar Kalidas Patel v. State of Gujarat, 2018 (103) AllCC 597 : 2018 (1) ALD (Cri) 568 : 2018 (2) ALT(Cri) 297 : AIR 2018 SC 951 : 2018 (2) Bom.C.R. (Cri.) 319 : 2018 (2) Crimes 295 : 2018 (1) DMC 812 : 2018 (2) GujLR 1656 : 2018 (2) JCC 1054 : 2018 (2) JLJR 288 : JT 2018 (2) SC 268 : 2018 (1) OLR 766 : 2018 (2) PLJR 297 : 2018 (2) SCALE 425 : (2018) 3 SCC 313 : 2018 (2) SCC(Cri) 55 : 2018 (2) SLT 63 : 2018 (3) Supreme 472 Crl.A. No. 265 of 2018 12-02-2018
Penal Code, 1860 - S. 325 - In the counter case, the first accused, who had also been sentenced to one year imprisonment under Section 325 IPC, in respect of the same incident, has been given a lighter sentence of imprisonment till the rising of the court in the National Lok Adalat - the punishment imposed on the appellant also needs to be modified to the extent that the same shall be limited to the period already undergone. Naresh v. State of Madhya Pradesh, 2018 (3) Crimes 86Crl.A. No. 272 of 2018 15-02-2018
Penal Code, 1860 - Ss. 147, 148, 323, 504, 307 r/w. 149 - Criminal P.C. 1973 - S. 374 (2) - Appeal - imprisonment for a period of three years - reducing the sentence - respondents have already undergone some period in jail - incident occurred in the year 2007 - since the parties have purchased peace - no further sentence of incarceration needs to be imposed - accused should be visited with a higher amount of fine, which shall be paid to the victim. State of Karnataka v. Kaisarbaig, Crl.A. No. 215 of 2018 02-02-2018
Penal Code, 1860 - Ss. 457, 395, 396 & 302 r/w. 34 - Punishment for dacoity with murder - the offence under Section 396 IPC is to be viewed with seriousness, especially, when the dacoits are armed. Shajahan v. State Rep. By Inspector of Police, AIR 2018 SC 1070 : 2018 (1) ALD(Cri)(SC) 557 : 2018 (103) AllCC 643 : 2018 (1) ALT(Cri)(SC) 380 : 2018 (2) Crimes 22 : 2018 (2) JLJR 21 : JT 2018 (2) SC 345 : 2018 (2) MLJ (Cri) 368 : 2018 (1) MPWN 314 : 2018 (2) PLJR 175 : 2018 (2) RCR (Criminal) 312 : 2018 (3) Scale 81 : 2018 (2) Supreme 449 : 2018 (1) UC 459 Crl.A. No. 697 of 2012 16-02-2018
Ports Act, 1908 - Section 5 - Notification expanding the port limits of Hazira Port, valid. Essar Bulk Terminial Limited v. State of Gujarat, AIR 2018 SC 1330 : 2018 (3) Scale 284 : (2018) 3 SCC 750 : 2018 (2) Supreme 66 C.A. No. 2406 of 2018 22-02-2018
Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 - these writ petitions need to be authoritatively decided by a Constitution Bench of 5 learned Judges, as the writ petitions involve substantial questions relating to the interpretation of the Constitution of India. Animal Welfare Board of India v. Union of India, JT 2018 (2) SC 110 : 2018 (1) Scale 673 : (2018) 2 SCC 645 : 2018 (1) Supreme 555 W.P. (C) No. 23 of 2016 02-02-2018
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - S. 9 - Whether the order passed by the City Civil Court in exercise of power under the Act as an Appellate Officer, is in the capacity of a Civil Court or persona designata. Life Insurance Corporation of India v. Nandini J. Shah, 2018 (3) ABR 67 : 2018 (2) ALD 175 : 2018 (128) ALR 253 : AIR 2018 SC 1197 : 2018 (3) Bom.C.R. 14 : 2018 (125) CLT 1001 : JT 2018 (2) SC 491 : 2018 (1) RCR 403 : 2018 (3) Scale 197 : 2018 (1) Supreme 705C.A. No. 15536 of 2017 20-02-2018
Public Service Commission - the process of scaling is a recognized method for ensuring uniformity amongst candidates who have taken examinations in different subjects. When there are a number of examiners evaluating the papers of a large number of candidates in an examination, there is a possibility of ‘examiner subjectivity’ or ‘examiner variability’. To minimise the examiner variability moderation would be the best method to be followed. U.P. Public Service Commission v. Manoj Kumar Yadav, AIR 2018 SC 1233 : 2018 (4) ALJ 239 : 2018 (3) Scale 115 : (2018) 3 SCC 706 : 2018 (1) SCC (L&S) 626 : 2018 (2) Supreme 380 : 2018 (1) UPLBEC 307 C.A. No. 2326 of 2011 16-02-2018
Rent Control & Eviction - Vacating the Premises - Grant time upto 31st October, 2018 - Towards use and occupation charges, the petitioner shall continue to pay Rs. 2000/- Appeal dismissed. Gopal Rai v. Meera Bai, C.A. No. 2111 of 2018 19-02-2018
Rent Control & Eviction - Whether a Review under Section 16(5)(a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in respect of an order regarding vacancy is maintainable. Rajendra Kumar Verma (d) Th. Lrs. v. Additional District Magistrate (Civil Supplies), 2018 (128) ALR 39 : 2018 (1) RCR (Rent) 219 : (2018) 4 SCC 630 C.A. No. 10449 of 2011 08-02-2018
Rent Law - Haryana Urban (Control of Rent and Eviction) Act, 1973 - Revisionary jurisdiction of the High Court is limited and, therefore, it rightly observed that no ground for interference with the finding of fact arrived at by the courts below was made out. Surender v. Nand Lal, 2018 (127) ALR 313 : JT 2018 (2) SC 66 : 2018 (1) RCR (Rent) 171 : 2018 (1) Scale 642 : (2018) 2 SCC 717 : 2018 (1) Supreme 477 C.A. No. 480 of 2018 01-02-2018
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - S. 24 (2). Delhi Development Authority v. Munni Lal, AIR 2018 SC 2730 : 2018 (128) ALR 727 : 2018 ALT (Rev) 43 : 2018 (4) Supreme 93 C.A. No. 2362 of 2018 21-02-2018
Sale of Liquor - ‘Municipal Areas’ - the state governments would not be precluded from determining whether the principle which has been laid down by this Court in the order dated 11 July 2017 in Arrive Safe Society should also apply to areas covered by local self governing bodies and statutory development authorities. State of Tamil Nadu v. K. Balu, 2018 (1) KLJ 812 : 2018 (1) KLT 842 : 2018 (3) Scale 392 : (2018) 3 SCC 336 : 2018 (2) Supreme 97 M.A. No. 489 of 2018 23-02-2018
Sales Tax - “Sale Price” - it is the price which is either paid or payable to a dealer as consideration for the sale - any sum by way of any discount or rebate according to the practice normally prevailing in the trade shall be deducted and shall not be included in the sale price - Definition of ‘turnover’ means the aggregate amount received or receivable by a dealer. Universal Cylinders v. Commercial Taxes Officer, AIR 2018 SC 1187 : JT 2018 (2) SC 482 : 2018 (3) RLW 2363 : 2018 (3) Scale 327 : (2018) 3 SCC 648 : 2018 (2) Supreme 36 C.A. No. 2431 of 2018 23-02-2018
Securities and Exchange Board of India Act, 1992 - S. 15Z - Synchronised Trading - Concept of - Considering the reversal transactions, quantity, price and time and sale, parties being persistent in number of such trade transactions with huge price variations, it will be too naïve to hold that the transactions are through screen-based trading and hence anonymous. Such conclusion would be over-looking the prior meeting of minds involving synchronization of buy and sell order and not negotiated deals as per the board's circular. The impugned transactions are manipulative/deceptive device to create a desired loss and/or profit. Such synchronized trading is violative of transparent norms of trading in securities. If the findings of SAT are to be sustained, it would have serious repercussions undermining the integrity of the market and the impugned order of SAT is liable to be set aside. Securities and Exchange Board of India v. Rakhi Trading, 2018 (2) AWC 1989 : 2018 (3) Bom.C.R. 192 : JT 2018 (2) SC 349 : 2018 (2) Scale 156 : 2018 (3) Supreme 257 C.A. No. 1969 of 2011 08-02-2018
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Ss. 2(1)(f), 2(1)(zb), (zd) & (zf) - ‘borrower’ - ‘security arrangement’ - ‘security interest’ - ‘secured creditor’ - Discussed. Indiabulls Housing Finance Ltd. v. Deccan Chronicle Holdings Ltd; 2018 (3) AWC 2677 : 2018 (2) Bom.C.R. 739 : JT 2018 (3) SC 68 : 2018 (2) RCR (Civil) 323 : 2018 (140) RD 99 : 2018 (3) Scale 399 : 2018 (2) Supreme 40 C.A. No. 18 of 2018 23-02-2018
Service Law - Appointment - Eligibility Criteria - Hindi Language Assistant - Additional requirement under the Recruitment Rules is that the candidate must hold a degree in Education with the concerned subject (Hindi) as a teaching method - Whether permissible. State of Karnataka v. Shankar Baburao Kangralkar, AIR 2018 SC 1135 : 2018 (158) FLR 377 : JT 2018 (2) SC 126 : 2018 (3) KarLJ 63 : 2018 (3) MLJ 439 : 2018 (2) PLJR 190 : 2018 (2) Scale 290 : (2018) 3 SCC 296 : 2018 (1) SCC(L&S) 477 C.A. No. 1612 of 2018 06-02-2018
Service Law - Disburse the difference in wages for the period of two and a half years in the post of Messenger after adjusting the emoluments already granted to her while working as a casual worker. J. Linet v. Asstt. Manager (Depot) Food Corp. of India C.A. No. 963 of 2009 08-02-2018
Service Law - Pensionary Benefits. Indira Gandhi National Open University v. Dr. V. N. Rajsekharan Pillai, JT 2018 (2) SC 530 C.A. No. 2267 of 2018 19-02-2018
Service Law - Question of regularisation of daily wager appointed contrary to law does not arise. Upendra Singh v. State of Bihar, AIR 2018 SC 1315 : 2018 (157) FLR 990 : 2018 (2) JLJR 34 : 2018 (2) PLJR 91 : 2018 (3) Scale 363 : (2018) 3 SCC 680 : 2018 (1) SCC(L&S) 621 : 2018 (1) Supreme 746 C.A. No. 2356 of 2018 23-02-2018
Service Law - Seniority - All India Institute of Medical Sciences (AIIMS). Dr. Akshya Kumar Bisoi v. All India Institute of Medical Sciences, AIR 2018 SC 1022 : 2018 (158) FLR 607 : JT 2018 (2) SC 152 : 2018 (2) Scale 172 : (2018) 3 SCC 391 : 2018 (1) SCC (L&S) 597 : 2018 (1) UPLBEC 295 W.P. (C) No. 1179 of 2017 06-02-2018
Service Law - Teacher Grade III (General) - the marks as awarded by the Selection Committee for one of the questions was not correct - In the process of revision of the merit list, accordingly, the appellants were sought to be ousted. taking note of the fact that there are admittedly several vacancies in the State in the post of Teacher Grade-III (General) and taking further note of the fact that the appellants have been continuing even as on today to work in the same post and taking note of the fact that there are only 18 of them before this Court, this is a fit case for us to invoke our jurisdiction under Article 142 of the Constitution of India and give a quietus to the whole litigation. Munna Ram v. State of RajasthanC.A. No. 7169 of 2014 08-02-2018
Specific Performance - Defendant had denied that he had received earnest money - High Court did not discuss the evidence at all and erred in setting aside the concurrent findings of both the Courts. Dalip Singh v. Bhupinder Kaur, JT 2018 (2) SC 486 : 2018 (3) Scale 361 : (2018) 3 SCC 677 : 2018 (2) Supreme 35C.A. No. 2435 of 2018 23-02-2018
Tax Law - All trade discounts are allowable as permissible deductions from total taxable turnover. Maya Appliances v. Addl. Commissioner of Commercial Taxes, AIR 2018 SC 810 : 2018 (2) AWC 1602 : JT 2018 (2) SC 286 : 2018 (2) Scale 293 : (2018) 2 SCC 756 C.A. No. 357-367 of 2018 06-02-2018