Administrative Law - Application of Mind - Bangalore Development Authority (BDA) without applying mind declined to restore record of rights (RoR) - Held, unsustainable. Lakshmamma v. Commissioner; Bangalore Development Authority, 2018 ALT (Rev) 114 : 2018 (3) KarLJ 316 : 2018 (5) Scale 246 : (2018) 5 SCC 760 : 2018 (3) Supreme 293 C.A. No. 4088 of 2010 28-03-2018
Advocate - Whether foreign law firms / lawyers are permitted to practice in India. Bar Council of India v. A.K. Balaji, 2018 (3) ABR 782 : AIR 2018 SC 1382 : 2018 AIR (SCW) 1382 : 2018 (3) ALD 135 : 2018 (1) GLH 785 : 2018 (2) JLJR 206 : JT 2018 (3) SC 411 : 2018 (2) KLJ 453 : 2018 (3) MLJ 470 : 2018 (2) PLJR 378 : 2018 (2) RCR (Civil) 427 : 2018 (4) Scale 475 : (2018) 5 SCC 379 : 2018 (2) SCC (Cri) 734 : 2018 (2) SCC (L&S) 39 : 2018 (2) SLT 457 : 2018 (2) Supreme 586C.A. No. 7875 of 2015 13-03-2018
Arbitration and Conciliation (Amendment) Act, 2015 - Amendment Act is only prospective in application. Board of Control for Cricket in India v. Kochi Cricket Pvt. Ltd., AIR 2018 SC 1549 : 2018 (2) ArbLR 170 : 2018 (3) Bom.C.R. 659 : 2018 (4) Scale 502 : (2018) 6 SCC 287 : 2018 (2) Supreme 721 C.A. No. 2879 of 2018 15-03-2018
Arbitration and Conciliation Act, 1996 - S. 34 - Application for setting aside arbitral award - Limitation period prescribed under Section 34(3) of the Act would commence only from the date of signed copy of the award delivered to the party making the application for setting it aside. Anilkumar Jinabhai Patel v. Pravinchandra Jinabhai Patel, AIR 2018 SC 1627 : 2018 (4) ALD 66 : 2018 (3) ArbLR 163 : 2018 (2) RCR (Civil) 730 : 2018 (5) Scale 88 : 2018 (3) Supreme 245 C.A. No. 3313 of 2018 27-03-2018
Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996 - Building and Other Construction Workers’ Welfare Cess Act, 1996 - Implementation of. National Campaign Committee for Central Legislation on Construction Labour (NCC-CL) v. Union of India, 2018 (3) Bom.C.R. 347 : 2018 (3) LLJ 13 : (2018) 5 SCC 607 : 2018 (2) SCC (L&S) 1 W.P. (C) No. 318 of 2006 19-03-2018
Civil P.C. 1908 - S. 89 - Insofar reference of the parties to arbitration, oral consent given by the counsel without a written memo of instructions does not fulfill the requirement under Section 89 CPC. Kerala State Electricity Board v. Kurien E. Kalathil, AIR 2018 SC 1351 : JT 2018 (3) SC 263 : 2018 (1) KLT 1057 : 2018 (4) Scale 405 : (2018) 4 SCC 793 C.A. No. 3164 of 2017 09-03-2018
Civil P.C. 1908 - Scope of the appellate powers and the review powers are well defined. The power of review under Order 47 Rule 1 of the Code of Civil Procedure, 1908 is very limited and it may be exercised only if there is a mistake or an error apparent on the face of the record. The power of review is not to be confused with the appellate power. The review petition/application cannot be decided like a regular intra court appeal. On the other hand, the scope of appeal is much wider wherein all the issues raised by the parties are open for examination by the Appellate Court. Sivakami v. State of Tami Nadu, AIR 2018 SC 2637 : 2018 (4) ALD 133 : 2018 (3) ALT 25 : 2018 ALT (Rev) 122 : JT 2018 (3) SC 250 : 2018 (4) MLJ 464 : 2018 (2) RCR (Civil) 1006 : 2018 (4) Scale 266 : (2018) 4 SCC 587 : 2018 (2) Supreme 367 C.A. No. 2749 of 2018 12-03-2018
Companies Act, 2013 - Ss. 58(2) & (4) - Public Limited Company - Free Transfer of Shares - Transfer can be refused on any sufficient cause. Mackintosh Burn v. Sarkar and Chowdhury Enterprises, JT 2018 (3) SC 571 : 2018 (5) SCALE 161 : (2018) 5 SCC 575 : 2018 (3) Supreme 212 C.A. No. 3322 of 2018 27-03-2018
Constitution of India - Art. 226 - Maintainability of Writ Petition - Pendency of Appeal - Second writ petition challenging subsequent order passed in appeal - Maintainable. Vinod v. District Selection Committee, (2018) 6 SCC 68 C.A. No. 3352 of 2018 28-03-2018
Constitution of India - Art. 32 - Parties agreed to settle through mediation; Saraswati Singh v. Shailesh Singh, 2018 (2) ALT (Cri) 30 : 2018 (1) Crimes 142 : 2018 (3) Scale 645 : (2018) 5 SCC 373 : 2018 (2) SCC (Cri) 731 : 2018 (2) Supreme 518 W.P. (Crl.) No 105 of 2016 06-03-2018
Constitution of India - Art. 32 - Police - Compensation for death during discharge of duty - Petitioner given liberty to approach State Government. Ganga Malik v. Union of India, (2018) 5 SCC 771 : 2018 (2) SCC (Cri) 890
Constitution of India - Art.32 - Transfer of investigation of all First Information Reports lodged against members of Gorkha Janmukti Morcha (GJM) to any independent investigation agency - Dismissed. Bimal Gurung v. Union of India, 2018 (2) ACR 1238 : AIR 2018 SC 1459 : 2018 (126) CLT 50 : 2018 (2) Crimes 28 : 2018 CriLJ 2247 : 2018 (2) KLJ 151 : 2018 (2) Supreme 644 W.P. (Crl.) No. 182 of 2017 16-03-2018
Constitution of India - Arts. 226 & 32 - A writ of quo warranto cannot be issued on basis of assumptions, inferences and suspicions. Bharati Reddy v. State of Karnataka, 2018 (3) AWC 2240 : 2018 (2) JLJR 185 : JT 2018 (3) SC 472 : 2018 (3) KarLJ 161 : 2018 (2) PLJR 357 : 2018 (3) Scale 703 : (2018) 6 SCC 162 : 2018 (2) Supreme 392 C.A. No. 1763 of 2018 06-03-2018
Constitution of India - Legislature may have the power to remove the basis or foundation of the judicial pronouncement but the Legislature cannot overturn or set aside the judgment, that too retrospectively by introducing a new provision. State of Karnataka v. Karnataka Pawn Brokers Assn., AIR 2018 SC 1441 : 2018 (3) AWC 2949 : JT 2018 (3) SC 385 : 2018 (3) KarLJ 1 : 2018 (3) MLJ 849 : 2018 (4) Scale 460 : (2018) 6 SCC 363 : 2018 (2) Supreme 619 : (2018) 255 Taxman 12 C.A. No. 5793 of 2008 15-03-2018
Constitution of India - Right to die with dignity is a fundamental right. Common Cause (a Regd. Society) v. Union of India, AIR 2018 SC 1665 : 2018 (1) Crimes 184 : 2018 (3) MLJ 503 : 2018 (4) Scale 1 : (2018) 5 SCC 1 : 2018 (2) Supreme 164 W.P. (C) No. 215 of 2005 09-03-2018
Consumer Protection Act, 1986 - Damages for commercial contracts need to be determined as per the Indian Contract Act. Fortune Infrastructure (Now known as Hicon Infrstructure) v. Trevor Dlima, AIR 2018 SC 2975 : 2018 (3) ALD 117 : 2018 (2) RCR (Civil) 217 : 2018 (4) Scale 444 : (2018) 5 SCC 442 : 2018 (3) Supreme 708 C.A. No. 3533 of 2017 12-03-2018
Contract Law - Specific Relief - Fraud and Misrepresentation - Matters required to be established. Krishna Devi v. Keshri Nandan, AIR 2018 SC 3100 : JT 2018 (3) SC 466 : (2018) 4 SCC 481 : 2018 (2) Supreme 767 C.A. No. 2367 of 2010 21-03-2018
Criminal Law - there is no prohibition in law to file the second FIR and once it is filed, such FIR is capable of being taken note of and tried on merits in accordance with law. P. Sreekumar v. State of Kerala, AIR 2018 SC 1482 : 2018 (1) ALD (Cri) 999 : 2018 (2) Bom.C.R. (Cri.) 523 : 2018 (2) Crimes 164 : 2018 CriLJ 2749 : 2018 (2) JCC 1077 : 2018 (1) JKJ 120 : JT 2018 (3) SC 459 : 2018 (2) RCR (Criminal) 542 : (2018) 4 SCC 579 : 2018 (2) SCC (Cri) 578 : 2018 (1) UC 523 Crl.A. No. 408 of 2018 19-03-2018
Criminal P.C. 1973 - In any case, the protection under Section 438, Cr.P.C. is available to the accused only till the court summons the accused based on the charge sheet (report under Section 173(2), Cr.P.C.). On such appearance, the accused has to seek regular bail under Section 439 Cr.P.C. and that application has to be considered by the court on its own merits. Merely because an accused was under the protection of anticipatory bail granted under Section 438 Cr.P.C. that does not mean that he is automatically entitled to regular bail under Section 439 Cr.P.C. The satisfaction of the court for granting protection under Section 438 Cr.P.C. is different from the one under Section 439 Cr.P.C. while considering regular bail. Satpal Singh v. State of Punjab, AIR 2018 SC 2011 : 2018 (2) CGLJ 218 : 2018 CriLJ 2843 : 2018 (360) ELT 791 : 2018 (1) JKJ 150 Crl.A. No. 462 of 2018 27-03-2018
Criminal P.C. 1973 - Power of the Magistrate to consider the application of accused for their exemption from personal appearance. Rameshwar Yadav v. State of Bihar, AIR 2018 SC 1435 : 2018 (1) ALD (Cri) 735 : 2018 (2) Bom.C.R. (Cri.) 505 : 2018 (2) Crimes 24 : 2018 (1) JKJ 115 : JT 2018 (3) SC 401 : 2018 (2) MLJ (Cri) 471 : 2018 (1) MPWN 360 : 2018 (2) RCR (Criminal) 461 : (2018) 4 SCC 608 : 2018 (2) Supreme 631 Crl.A. No. 387 of 2018 16-03-2018
Criminal P.C. 1973 - S. 195(1)(b)(ii) - The High Court having taken into consideration entire facts and circumstances have rightly come to the conclusion that present is not a case where any complaint could have been proceeded under Section 195(1)(b)(ii) Cr.P.C. Vishnu Chandru Gaonkar v. N.M. Dessai, 2018 (1) ALD (Cri) 883 : 2018 (103) AllCC 335 : 2018 All.M.R. (Cri.) 1818 : 2018 (2) ALT (Cri) 78 : 2018 (2) Bom.C.R.(Cri.) 491 : 2018 (2) CGLJ 152 : 2018 (1) Crimes 131 : 2018 (2) JCC 719 : 2018 (3) Scale 632 : (2018) 5 SCC 422 : 2018 (2) SCC (Cri) 770 : 2018 (2) Supreme 499 : 2018 (1) UC 472 Crl.A. No. 359 of 2018 06-03-2018
Criminal P.C. 1973 - S. 406 – Transfer Petitions - The apprehension of not getting a fair and impartial enquiry or trial is required to be reasonable and not imaginary, based upon conjectures and surmises. No universal or hard and fast rule can be prescribed for deciding a transfer petition, which will always have to be decided on the facts of each case. Convenience of a party may be one of the relevant considerations but cannot override all other considerations such as the availability of witnesses exclusively at the original place, making it virtually impossible to continue with the trial at the place of transfer, and progress of which would naturally be impeded for that reason at the transferred place of trial. The convenience of the parties does not mean the convenience of the petitioner alone who approaches the court on misconceived notions of apprehension. Convenience for the purposes of transfer means the convenience of the prosecution, other accused, the witnesses and the larger interest of the society. Harita Sunil Parab v. State of NCT of Delhi, AIR 2018 SC 1624 : 2018 (1) ALD (Cri) 771 : 2018 All.M.R. (Cri.) 1766 : 2018 (2) Bom.C.R. (Cri.) 549 : 2018 CriLJ 3659 : 2018 (249) DLT 112 : 2018 (2) JCC 961 : 2018 (5) Scale 242 : (2018) 6 SCC 358 T.P. (Crl.) No. 254 of 2017 28-03-2018
Criminal P.C. 1973 - S. 482 - Quashment of Proceedings - Assessment made by High Court at a stage when investigation was yet to be completed, completely incorrect and uncalled for. State of Tamil Nadu v. S. Martin, AIR 2018 SC 1647 : 2018 All.M.R. (Cri.) 1770 : 2018 (2) ALT (Cri) 167 : 2018 (2) Crimes 252 : 2018 (2) JCC 834 : JT 2018 (3) SC 605 : 2018 (5) Scale 240 : 2018 (2) SCC (Cri) 845 : 2018 (3) Supreme 190 Crl.A. No. 423 of 2018 28-03-2018
Criminal P.C. 1973 - Ss. 374 & 386(b) - Appeal against conviction - Death by Shooting - High Court acquitted all accused - Justified. State of Uttar Pradesh, Home Department Secretary v. Om Pal, AIR 2018 SC 2072 : 2018 AIR (SCW) 2072 : 2018 (4) ALJ 246 : 2018 (2) Crimes 401 : 2018 (2) RCR (Criminal) 725 : 2018 (5) Scale 392 : (2018) 5 SCC 805 Crl.A. No. 1213 of 2014 21-03-2018
Criminal P.C. 1973 - What is the purpose and object of subSection (2) of section 357 Cr.P.C.? Satyendra Kumar Mehra @ Satendera Kumar Mehra v. State of Jharkhand, AIR 2018 SC 1587 : 2018 (2) Bom.C.R. (Cri.) 557 : 2018 (2) Crimes 302 : 2018 CriLJ 2739 : 2018 (2) JCC 906 : 2018 (2) RCR (Criminal) 530 : 2018 (5) Scale 109 : 2018 (3) Supreme 531 : 2018 (1) UC 551 Crl.A. No. 406 of 2018 23-03-2018
Criminal P.C. 1973 - Whether prior sanction for prosecution qua allegation of corruption in respect of a public servants is required before setting in motion even the investigative process under Section 156(3) - Matter is referred to a larger Bench; Manju Surana v. Ratan Singh, 2018 (2) Crimes 363 : 2018 (2) JLJ 330 : 2018 (2) KLT 315 : 2018 (2) RCR (Criminal) 673 : 2018 (5) Scale 75 : (2018) 5 SCC 557 : 2018 (2) SCC (Cri) 800 : 2018 (1) UC 534 Crl.A. No. 457 of 2018 27-03-2018
Criminal Trial - Presumption of Innocence. Bannareddy v. State of Karnataka, AIR 2018 SC 1454 : 2018 (2) ALD (Cri) 179 : 2018 (1) ALT (Cri) 289 : 2018 (2) Crimes 94 : 2018 CriLJ 2686 : JT 2018 (3) SC 557 : 2018 (3) KarLJ 545 : 2018 (2) MLJ(Cri) 357 : 2018 (2) RCR (Criminal) 682 : 2018 (4) Scale 323 : (2018) 5 SCC 790 : 2018 (3) Supreme 720 Crl.A. No. 382 of 2018 12-03-2018
Delay - Condonation of - Delayed by 554 days - Prolonged illness - Delay condoned. Ummer v. Pottengal Subida, AIR 2018 SC 2025 : 2018 (3) ALD 30 : 2018 (3) Bom.C.R. (Cri.) 171 : 2018 (1) DMC 800 : 2018 (1) GLH 607 : 2018 (4) MLJ 363 : 2018 (2) MPWN 73 : 2018 (2) RCR (Civil) 232 : 2018 (2) Supreme 490 C.A. No. 2599 of 2018 08-03-2018
Delay - Condonation of - in filing the Review application - the High Court should have been liberal in taking a view in the matter and accordingly should have condoned the delay and granted the appellants one more opportunity to cure the defects. Pralhad Shankarrao Tajale v. State of Maharashtra through its Secretary (Revenue), 2018 (3) ABR 59 : AIR 2018 SC 1313 : 2018 (4) ALD 49 : 2018 (128) ALR 223 : 2018 (5) Bom.C.R. 84 : 2018 (2) JLJR 113 : JT 2018 (3) SC 166 : 2018 (2) PLJR 222 : 2018 (4) Scale 233 : (2018) 4 SCC 615 : 2018 (2) Supreme 487 C.A. No. 2601 of 2018 08-03-2018
Election Law - Deposit of treasury challan which means deposit of the requisite amount in treasury at the time of presentation of the election petition is mandatory. Sitaram v. Radhey Shyam Vishnav, AIR 2018 SC 1298 : 2018 (2) JLJR 126 : JT 2018 (3) SC 441 : 2018 (4) MLJ 238 : 2018 (2) PLJR 235 : 2018 (2) RLW 1009 : 2018 (3) Scale 666 : (2018) 4 SCC 507 : 2018 (2) Supreme 421 : 2018 (2) WLN 33 C.A. No. 1200 of 2018 06-03-2018
Environment Law - Illegal Mining - High Court mistakenly set aside permission granted by Special Court for such e-auction by State - Release of iron-ore to respondent held to be untenable - Order by Special Court restored - Liberty granted to respondent to establish his ownership over iron ore before appropriate court; State of Karnataka v. Vedanta, 2018 (103) AllCC 341 : 2018 (1) Crimes 136 : 2018 (3) KarLJ 245 : 2018 (3) Scale 647 : (2018) 5 SCC 722 : 2018 (2) SCC(Cri) 849 : 2018 (2) Supreme 508 Crl.A. No. 348 of 2018 06-03-2018
Evidence Law - Related and Interested Witnesses - there cannot be any hard and fast rule that the evidence of interested witness cannot be taken into consideration and they cannot be termed as witnesses. But, the only burden that would be cast upon the Courts in those cases is that the Courts have to be cautious while evaluating the evidence to exclude the possibility of false implication. Relationship can never be a factor to affect the credibility of the witness as it is always not possible to get an independent witness. Sudhakar @ Sudharasan v. State Rep. by the Inspector of Police, AIR 2018 SC 1372 : 2018 (1) ALD (Cri) 889 : 2018 (1) ALT (Cri) 397 : 2018 (2) Crimes 157 : 2018 CriLJ 1947 : 2018 (2) RLW 990 : 2018 (4) Scale 453 : (2018) 5 SCC 435 : 2018 (2) SCC (Cri) 777 : 2018 (3) Supreme 725 Crl.A. No. 381 of 2018 12-03-2018
Evidence Law - Some minor contradiction or inconsistency in evidence cannot affect the material evidence and such contradiction or inconsistency cannot be made basis to discard the whole evidence as unreliable. Gorusu Nagaraju v. State of Andhra Pradesh, AIR 2018 SC 1897 : 2018 (1) ALD (Cri) 904 : 2018 (2) Crimes 45 : 2018 (2) JLJR 182 : JT 2018 (3) SC 547 : 2018 (2) PLJR 166 : 2018 (2) RCR (Criminal) 540 : 2018 (5) Scale 8 : 2018 (2) Supreme 765 Crl.A. No. 1032 of 2007 23-03-2018
Family Settlement - is Compulsorily Registrable - An unstamped instrument is not admissible in evidence even for collateral purpose, until the same is impounded. Sita Ram Bhama v. Ramvatar Bhama, 2018 (129) ALR 313 : 2018 (3) CTC 441 : 2018 (2) GLH 412 : 2018 (4) MLJ 454 : 2018 (2) RCR (Civil) 741 : 2018 (5) Scale 122C.A. No. 3171 of 2018 23-03-2018
Finance Act, 1994 - Ss. 66 & 67 - Service Tax (Determination of Value) Rules, 2006 - Rule 5 - High Court was right in interpreting Sections 66 and 67 to say that in the valuation of taxable service, the value of taxable service shall be the gross amount charged by the service provider ‘for such service’ and the valuation of tax service cannot be anything more or less than the consideration paid as quid pro qua for rendering such a service. Union of India v. Intercontinental Consultants and Technocrats Pvt. Ltd., AIR 2018 SC 3754 : 2018 (10) GSTL 401 : 2018 (4) Scale 243 : (2018) 4 SCC 669 C.A. No. 2013 of 2014 07-03-2018
Hindu Marriage Act, 1955 - S.13B - Divorce by mutual consent - parties have taken a conscious decision, uninfluenced by any extraneous factors - Therefore, it is not necessary for them to wait for a further period of six months. Anu Bhandari v. Pradip Bhandari, 2018 (2) ALT 99 : 2018 (2) DMC 721 : 2018 (3) Scale 699 : (2018) 6 SCC 389 C.A. No. 2494 of 2018 05-03-2018
Honour Killing - Right to marry person of one’s choice - When two adults consensually choose each other as life partners, it is a manifestation of their choice which is recognized under Arts. 19 and 21; Shakti Vahini v. Union of India, AIR 2018 SC 1601 : 2018 (2) ALD (Cri) 144 : 2018 (4) ALD 1 : 2018 (3) All.M.R. 915, 2018 (2) Crimes 205 : 2018 (2) JLJ 1 : 2018 (5) Scale 51 : (2018) 7 SCC 192 : 2018 (3) Supreme 100 W.P. (C) No. 231 of 2010 27-03-2018
Income Tax - Whether certain receipts by cooperative societies, from its members i.e. nonoccupancy charges, transfer charges, common amenity fund charges and certain other charges, are exempt from income tax based on the doctrine of mutuality. Income Tax Officer, Mumbai v. Venkatesh Premises Coop. Sty. Ltd., 2018 (4) Scale 427 : 2018 (4) Supreme 97 C.A. No. 2706 of 2018 12-03-2018
Industrial Dispute Act, 1947 - the settlement once arrived at between the employer and the employees as provided in Section 18 of the Act, it is binding on the employer and the employees. Bhupendra Kumar Chimanbhai Kachiya Patel v. Divisional Controller GSRTC Nadiad, AIR 2018 SC 1293 : JT 2018 (3) SC 130 : 2018 (2) LLJ 646 : 2018 (3) Scale 639 : (2018) 3 SCC 775 : 2018 (1) SCC (L&S) 634 : 2018 (2) Supreme 482C.A. No. 2546 of 2018 07-03-2018
Judicial Review - the power of judicial review can be exercised only if there is unreasonableness, irrationality or arbitrariness and in order to avoid bias and mala fides. Municipal Corporation v. BVG India, 2018 (5) Scale 128 : (2018) 5 SCC 462 : 2018 (3) Supreme 219 C.A. No. 3330 of 2018 27-03-2018
Judicial Service - Validity of determination of seniority of promotee and direct recruit Higher Judicial Service (HJS) officers in the State of Uttar Pradesh. Honble High Court of Judicature at Allahabad Registrar General v. State of Uttar Pradesh, AIR 2018 SC 2807 : 2018 (5) Scale 176 : 2018 (3) Supreme 131C.A. No. 3356 of 2018 28-03-2018
Judiciary - the concerned authorities may examine whether there is need for any changes in the judicial structure by creating appropriate fora to decongest the Constitutional Courts so as to realistically achieve the constitutional goal of speedy justice. Krishnakant Tamrakar v. State of Madhya Pradesh, AIR 2018 SC 3635 : 2018 (2) Crimes 254 : 2018 (5) Scale 248 Crl.A. No. 470 of 2018 28-03-2018
Land Law - The transactions entered into between the landholders and the concerned builders/private entities in the present case were not voluntary and were brought about by fraudulent influence. Certain ‘middlemen’ and builders enriched themselves at the expense of the landholders and public interest which was to be achieved by acquisition. The decisions dated 24.08.2007 and 29.01.2010 as well as entertaining of applications for grant of licence from those who had bought the lands after the acquisition was initiated, were not bona fide exercise of power by the State machinery. The exercise of power under the Act was guided by considerations extraneous to the provisions of the Act and as a matter of fact, was designed to enrich the builders/private entities. These decisions were nothing but fraud on power. Rameshwar v. State of Haryana, 2018 (128) ALR 286 : JT 2018 (3) SC 319 : 2018 (4) MLJ 551 : 2018 (2) RCR (Civil) 368 : 2018 (140) RD 119 : 2018 (4) Scale 270 : (2018) 6 SCC 215C.A. No. 8788 of 2015 12-03-2018
Land Reforms Act, 1961 (Karnataka) - Lands which belong to Government or University - Not within purview of the Act. University of Mysore v. Rajaiah, 2018 AllCJ 527 : AIR 2018 SC 1539 : 2018 (2) RCR (Civil) 582 : (2018) 5 SCC 684 : 2018 (5) SCALE 1 C.A. No. 170 of 2011 23-03-2018
Land Revenue Act, 1964 (Karnataka) - S. 158 - Arrears of Tax - Recovery of. Andanur Kalamma v. Gangamma, 2018 (128) ALR 335 : 2018 (4) MLJ 607 : 2018 (140) RD 222 : 2018 (3) Scale 653 C.A. No. 423 of 2018 06-03-2018
Limitation Act, 1963 - S. 14 is intended to provide relief against bar of limitation in cases of where remedy is mistakenly taken recourse to or selection of a wrong forum. Mohinder Singh v. Paramjit Singh, 2018 (2) GLH 87 : 2018 (2) RCR (Civil) 745 : 2018 (5) Scale 201 : 2018 (5) SCC 698 C.A. No. 10222 of 2017 28-03-2018
Mahatma Gandhi Assassination Case - Reopening of long concluded matters based on hearsay evidence - Not maintainable. Dr. Pankaj Kumudchandra Phadnis v. Union of India, 2018 (2) Crimes 223 : JT 2018 (3) SC 601 : 2018 (5) Scale 171 : 2018 (3) Supreme 128 bit.ly/SLP8293of2018 28-03-2018
Major Port Trust Act, 1963 - What are the principles which determine whether a Port Trust is entitled to recover its dues, from the steamer agent or the consignee. Chairman, Board of Trustees, C.P.T. v. Arebee Star Maritime Agencies, 2018 (360) ELT 3 : 2018 (3) Scale 685 : (2018) 4 SCC 592 : 2018 (2) Supreme 370 C.A. No. 2525 of 2018 07-03-2018
Maritime Law - A maritime claim against the charterer of a ship, who is not the de jure owner of the ship, and the endeavor to recover that amount through a restraint order against the ship owned by a third party is not maintainable. Sunil B. Naik v. Geowave Commander, AIR 2018 SC 2881 : 2018 (2) KLJ 32 : 2018 (2) KLT 610 : 2018 (4) Scale 352 : (2018) 5 SCC 505 : 2018 (2) Supreme 520 C.A. No. 2617 of 2018 09-03-2018
Mediation - Court records its appreciation for the painstaking and strenuous efforts taken by the mediator and for the cooperation extended by the counsel for the parties on either side and the counsel for the Bank for the grace shown for a reasonable settlement between the parties. Ramakanth V. v. Purnima, 2018 (2) JCC 1075 : 2018 (5) Scale 226 C.A. No. 2952 of 2018 19-03-2018
Medical Jurisprudence and Toxicology - Poison - Generally it is expected that the Doctor will preserve viscera for chemical analysis - prosecution has failed in its duty as no steps have been taken to preserve viscera - merely a statement by Doctor that viscera was not preserved as there is no presence of poison would not be suffice - medical evidence in the form of postmortem report though supports the case of prosecution, non-preservation of viscera by the Doctor remains fatal to the prosecution case. Dev Kanya Tiwari v. State of U.P., 2018 (2) ACR 1311 : AIR 2018 SC 1377 : 2018 (3) ALJ 733 : 2018 (2) Crimes 312 : 2018 CriLJ 1952 : 2018 (1) JKJ 153 : 2018 (2) MLJ (Cri) 243 : 2018 (4) Scale 330 : 2018 (2) SCC (Cri) 860 bit.ly/CrlA720of201612-03-2018
Motor Vehicles Act 1988 - the owner did not depose in evidence and stayed away from the witness box. He produced a licence which was found to be fake. Another licence which he sought to produce had already expired before the accident and was not renewed within the prescribed period. It was renewed well after two years had expired. The appellant as owner had evidently failed to take reasonable care since he could not have been unmindful of facts which were within his knowledge. Singh Ram v. Nirmala, 2018 (2) ACC 157 : 2018 ACJ 1264 : AIR 2018 SC 1290 : 2018 (4) ALD 46 : 2018 (2) CGLJ 94 : JT 2018 (3) SC 108 : 2018 (3) Scale 602 : (2018) 3 SCC 800 : 2018 (2) SLT 508 : 2018 (2) Supreme 418 C.A. No. 2103 of 2018 06-03-2018
Motor Vehicles Act, 1988 - Compensation can be granted both on account of permanent disability as well as loss of future earnings, because one head relates to the impairment of the person’s capacity and the other to the sphere of pain and suffering on account of loss of enjoyment of life by the person himself. ICICI Lombard General Insurance v. Ajay Kumar Mohanty, 2018 (1) ACC 731 : 2018 ACJ 1020 : AIR 2018 SC 2740 : 2018 (128) ALR 230 : 2018 (2) CGLJ 180 : JT 2018 (3) SC 229 : 2018 (2) RCR (Civil) 305 : 2018 (2) RLW 950 : 2018 (3) Scale 620 : (2018) 3 SCC 686 : 2018 (2) SLT 451 : 2018 (2) Supreme 413 C.A. No. 7181 of 2015 06-03-2018
Motor Vehicles Act, 1988 - Measure of compensation must reflect a genuine attempt of the law to restore the dignity of the being. Jagdish v. Mohan, 2018 (1) ACC 720 : 2018 ACJ 1011 : AIR 2018 SC 1347 : 2018 (3) ALD 55 : 2018 (128) ALR 226 : 2018 (2) AWC 2148 : JT 2018 (3) SC 112 : 2018 (2) RCR (Civil) 308 : 2018 (3) Scale 615 : (2018) 4 SCC 571 : 2018 (2) SLT 439 : 2018 (2) Supreme 388 C.A. No. 2217 of 2018 06-03-2018
Motor Vehicles Act, 1988 - No separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class. Jagdish Kumar Sood v. United India Insurance, 2018 (1) ACC 875 : 2018 ACJ 1018 : AIR 2018 SC 2906 : JT 2018 (3) SC 111 : 2018 (2) RCR (Civil) 358 : 2018 (3) Scale 609 : (2018) 3 SCC 697 : 2018 (2) SLT 491 : 2018 (2) Supreme 440 C.A. No. 240 of 2017 06-03-2018
Motor Vehicles Act, 1988 - S. 14 - Currency of licences to drive motor vehicles - In terms of sub-clause (ii) of clause (b) of sub-section (2) of Section 14 of the said Act, once a person attains the age of 50 years, the license is renewed for a period of five years from the date of such issue or renewal. Compaq International v. Bajaj Allianz General, 2018 (2) ACC 294 : 2018 ACJ 1259 : 2018 (3) ALD 15 : JT 2018 (3) SC 579 : 2018 (2) RCR (Civil) 721 : 2018 (5) Scale 46 : (2018) 6 SCC 342C.A. No. 2538 of 2018 27-03-2018
Motor Vehicles Act, 1988 - Ss. 149 & 166 - Insurance Company is liable to satisfy judgments and awards in respect of third party risks - Principle of pay and recover applies even in absence of liability to pay compensation. Shivawwa v. National India Insurance, 2018 (2) ACC 617 : 2018 ACJ 1288 : AIR 2018 SC 1640 : 2018 (129) ALR 318 : 2018 (4) Bom.C.R. 314 : JT 2018 (3) SC 584 : 2018 (2) RCR (Civil) 736 : 2018 (2) Scale 192 : (2018) 5 SCC 762 : 2018 (2) SCC (Cri) 882C.A. No. 2247 of 2018 28-03-2018
Motor Vehicles Act, 1988 - Total Permanent Disability & Functional Disability - How to Assess. S. Thangaraj v. National Insurance, 2018 ACJ 1009 : AIR 2018 SC 1439 : 2018 (128) ALR 221 : JT 2018 (3) SC 136 : 2018 (3) RCR (Civil) 400 : 2018 (3) Scale 606 : (2018) 3 SCC 605 : 2018 (2) SCC (Cri) 76 : 2018 (2) SLT 515 : 2018 (2) Supreme 442 C.A. No. 3152 of 2017 06-03-2018
Payment of Gratuity Act, 1972 - It being a welfare legislation meant for the benefit of the employees, who serve their employer for a long time, it is the duty of the State to voluntarily pay the gratuity amount to the appellant rather than to force the employee to approach the Court to get his genuine claim. Netram Sahu v. State of Chhattisgarh, AIR 2018 SC 1545 : 2018 (3) ALD 131 : 2018 (157) FLR 477 : JT 2018 (3) SC 549 : 2018 LLR 461 : 2018 (3) RLW 2407 : 2018 (5) Scale 19 : (2018) 5 SCC 430 : 2018 (2) SCC (L&S) 65 C.A. No. 1254 of 2018 23-03-2018
Penal Code, 1860 - S.302 - Murder of husband and his sister, by his wife and her family members - Evidence of ocular witnesses was found consistent and inspired confidence - Conviction Confirmed; Ganapathi v. State of Tamil Nadu, AIR 2018 SC 1635 : 2018 (2) JKJ 113 : JT 2018 (3) SC 565 : 2018 (2) RCR (Criminal) 636 : 2018 (5) Scale 41 : (2018) 5 SCC 549 : 2018 (2) SCC (Cri) 793 : 2018 (1) UC 529 Crl.A. No. 1312 of 2008 27-03-2018
Penal Code, 1860 - S.302 - Offence of Murder - Any punishment less than the life imprisonment, as prescribed under Section 302 IPC, if awarded by any Court is per se illegal and without authority of law. Bharatkumar Rameshchandra Barot v. State of Gujarat, AIR 2018 SC 1598 : 2018 (1) ALD (Cri) 768 : 2018 (2) Bom.C.R. (Cri.) 575 : 2018 CriLJ 3684 : 2018 (2) JCC 759 : JT 2018 (3) SC 553 : 2018 (2) MPWN 1 : 2018 (2) RCR (Criminal) 546 : 2018 (5) Scale 35 : 2018 (1) UC 547 Crl.A. No. 448 of 2018 26-03-2018
Possession - It is the specific case of the respondent that he had purchased plot no. 27 carved out of 567 square yards of land belonging to D. Since such D was never the owner of plot no. 27, there was no occasion of transferring the title relating to plot no. 27 in favour of the respondent. Hence, it is amply proved by the appellant that he is the owner of plot no. 27 and that he is entitled to get back the possession of the same from the respondent, who is in unauthorised possession. Kedar Nath Kohli v. Baldev Singh, 2018 (4) ALD 60 : 2018 (5) Scale 97 : 2018 (3) Supreme 240 C.A. No. 3333 of 2018 27-03-2018
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - Qualifications - Training - Prescription of - Training would sensitise concerned person to salutary objectives and purpose of legislation. Union of India v. Indian Radiological and Imaging Association, AIR 2018 SC 1422 : JT 2018 (3) SC 304 : 2018 (2) RCR (Civil) 362 : 2018 (4) SCALE 542 : (2018) 5 SCC 773 : 2018 (2) SCC (Cri) 892 I.A Nos. 13-15 of 2017 14-03-2018
Probation - Service was terminated at the end of the period of probation which cannot be said punitive. Director Aryabhatta Research Institute of Observational Sciences (Aries) v. Devendra Joshi, AIR 2018 SC 1493 : JT 2018 (3) SC 406 : 2018 (2) Supreme 760 C.A. No. 2926 of 2018 19-03-2018
Public Interest Litigation (PIL) - Public Property - Re-auction of leased municipal property - Efficacy of existing lease. State of Himachal Pradesh v. Ravinder Kumar Sankhayan, JT 2018 (3) SC 592 : 2018 (1) RCR (Rent) 354 : 2018 (5) Scale 217 : (2018) 5 SCC 584 : 2018 (3) Supreme 120 C.A. No. 3392 of 2006 28-03-2018
Public Policy of India refers to law in force in India whether State law or Central law. Lion Engineering Consultants v. State of M.P., AIR 2018 SC 1895 : 2018 (3) ArbLR 177 : 2018 (4) Supreme 514 SLP (C) No. 15059 of 2011 22-03-2018
Representation of People Act, 1950 - Ss. 81, 82, 86 & 117 - Election Petition - Maintainability of - Defects were rectified within stipulated time - not barred by limitation under S. 81(1) - Correctness of translated copy of vernacular language cannot be decided at threshold level - Copies of materials reproduced in CD and its transcription is provided - Phone used for conversation and supply of chip was not necessary - Such step would not impair defence of successful candidate. Abdulrasakh v. K.P. Mohammed, AIR 2018 SC 1487 : 2018 (3) ALD 124 : 2018 (4) ALT 21 : JT 2018 (3) SC 253 : 2018 (2) KLT SN 53 (C.No.64) : 2018 (4) MLJ 122 : 2018 (2) RCR (Civil) 318 : 2018 (4) Scale 236 : (2018) 5 SCC 598 : 2018 (2) Supreme 476 C.A. No. 10863 of 2017 08-03-2018
Representation of the People Act, 1951 - Striking off of the pleadings and rejection of the election petition in limine. Madiraju Venkata Ramana Raju v. Peddireddigari Ramachandra Reddy, AIR 2018 SC 3012 : 2018 (5) ALD 46 : JT 2018 (3) SC 607 : 2018 (4) Supreme 261 C.A. No. 9466 of 2016 21-03-2018
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989- Misuse of; Dr. Subhash Kashinath Mahajan v. State of Maharashtra, AIR 2018 SC 1498 : 2018 (103) AllCC 908 : 2018 (1) ALD (Cri) 629 : 2018 All.M.R. (Cri.) 1773 : 2018 (1) ALT (Cri) 332 : 2018 (2) ALT 50 : 2018 (2) Bom.C.R. (Cri.) 593 : 2018 CriLJ 3422 : 2018 (2) Crimes 169 : 2018 (2) CTC 779 : 2018 (248) DLT 39 : JT 2018 (3) SC 499 : 2018 (2) KLT 33 : 2018 (2) RCR (Criminal) 552 : 2018 (1) RLW 840 : (2018) 6 SCC 454 : 2018 (3) Supreme 44 : 2018 (1) UC 479 bit.ly/CrlA416of201820-03-2018
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Whether sub-section (3A) of Section 13 is mandatory or directory in nature. ITC v. Blue Coast Hotels, 2018 (4) Bom.C.R. 111 : 2018 (2) CTC 569 : 2018 (248) DLT 1 : 2018 (1) JKJ 1 : JT 2018 (3) SC 634 : 2018 (2) RCR (Civil) 646 : 2018 (2) Supreme 664 C.A. No. 2928 of 2018 19-03-2018
Security Interest (Enforcement) Rules, 2002 - R.9 - Requirement specified under R. 9(4) was to deposit balance 75% purchase price within 15 days of confirmation - Said period of 15 days would start from day of confirmation of sale by secured creditor and it does not start from day of auction. On day of auction authorised officer only accepts or confirms highest bid. Rakesh Birani v. Prem Narain Sehgal, AIR 2018 SC 2068 : 2018 (5) Scale 397 : (2018) 5 SCC 543 : 2018 (4) Supreme 112 C.A. No. 3156 of 2018 21-03-2018
Service Law - Denial of appointment as PGT Economics - High Court declined to grant him relief on the ground that the appellant could not show that nobody with lesser marks had been appointed. If the candidates who were above in merit to the appellant had not joined duty, naturally it was the appellant who should have been considered for the appointment. Gagan Ch. Kalita v. State of Assam, C.A. No. 3338 of 2018 27-03-2018
Service Law - Promotion - Retrospective Promotion - Aggrieved must approach court at earliest opportunity or within reasonable time - Any directions at belated stage to consider employees for retrospective promotion after considerable time is bound to have serious administrative implications apart from financial burden on Government - Mere repeated filing of representations would not be sufficient explanation for delay in approaching court. Union of India v. Chaman Rana, AIR 2018 SC 1478 : 2018 (4) MLJ 618 : 2018 (4) Scale 436 : (2018) 5 SCC 798 : 2018 (4) Supreme 105C.A. No. 2763 of 2018 12-03-2018
Service Law - Railway Employee - Pension. Union of India Southern Railway General Manager v. R. Sethumadhavan, AIR 2018 SC 1891 : 2018 (3) AWC 2789 : 2018 (2) KLT 311 : 2018 (3) Supreme 30 C.A. No. 3173 of 2018 22-03-2018
Service Law - Whether the appointment of the respondent to the post of Veterinary Compounder, made by the Director Incharge at the relevant point of time without approval of the Competent Authority, was a nullity or a mere irregularity, which could be glossed over by the department to avert disruption of his services and; (ii) in any case, whether his services could be disrupted without giving him an opportunity of hearing. Union of India v. Raghuwar Pal Singh, AIR 2018 SC 1411 : JT 2018 (3) SC 290 : 2018 (3) MLJ 658 : 2018 (4) Scale 337 : 2018 (3) Supreme 510 C.A. No. 1636 of 2012 13-03-2018
Specific Relief Act, 1963 - S.16(c) - Suit for Specific Performance - “readiness and willingness” - the plaintiff must plead and prove his readiness and willingness to perform his part of the contract all through i.e., right from the date of the contract till the date of hearing of the suit. P. Meenakshisundaram v. P. Vijayakumar, 2018 (129) ALR 295 : 2018 (3) CTC 428 : 2018 (5) Scale 229 C.A. No. 3353 of 2018 28-03-2018
Stay - In all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended. In cases where stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order. The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized. The trial Court where order of stay of civil or criminal proceedings is produced, may fix a date not beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced. Asian Resurfacing of Road Agency v. Central Bureau of Investigation, 2018(1) ACJ 772 : AIR 2018 SC 2039 : 2018 All SCR (Crl.) 659 : 2018 (2) Bom.C.R. (Cri.) 770 : 2018 Cri.L.R. 405 : 2018 (2) Crimes 225 : 2018 (248) DLT 244 : ILR 2018 (2) Ker. 79 : 2018 (2) JBCJ 235 : 2018 (2) JLJ 94 : 2018 (2) KarLJ 610 : 2018 (2) KLT 158 : 2018 (36) LCD 2237 : 2018 (2) RCR (Civil) 404 : 2018 (2) RCR (Criminal) 415 : 2018 (5) Scale 269 : 2018(1) SCCriR 425 http://bit.ly/CrlA1375of2013 28-03-2018
Tax Law - It was open to state legislatures to provide uniform rates of tax on goods involved in the execution of works contracts. Many state legislatures did so. The Karnataka legislature did so with effect from 1.4.2006, not earlier. State of Karnataka v. Durga Projects, 2018 (3) Scale 589 : (2018) 4 SCC 633 : 2018 (2) Supreme 153 C.A. No. 811 of 2018 06-03-2018
Trade Unions Act, 1926 - S. 6 - not less than one-half of the total number of the office-bearers of every registered Trade Union in an unrecognised sector shall be persons actually engaged or employed in an industry with which the Trade Union is connected. All Escorts Employees Union v. State of Haryana, 2018 (158) FLR 586 : 2018 (5) Scale 30 M.A. No. 1744 of 2017 23-03-2018
Transfer of the Property Act, 1882 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - the right of redemption is available to a mortgagor unless it stands extinguished by an act of parties. The right of the mortgagor to redeem the property survives until there has been a transfer of the mortgagor’s interest by a registered instrument of sale. Dwarika Prasad v. State of U.P., AIR 2018 SC 1286 : 2018 (4) ALJ 226 : 2018 (129) ALR 220 : 2018 (2) CGLJ 129 : JT 2018 (3) SC 103 : 2018 (4) MLJ 57 : 2018 (2) RCR (Civil) 359 : 2018 (3) Scale 610 : (2018) 5 SCC 491 : 2018 (2) Supreme 436 C.A. No. 148 of 2018 06-03-2018
Will - Suspicious circumstance surrounding the genuineness of the Will. Mohan Lal v. Nandlal, AIR 2018 SC 1889 : 2018 (3) ALD 176 : 2018 (4) MLJ 350 : (2018) 5 SCC 459 : 2018 (4) Supreme 110 C.A. No. 5887 of 2009 21-03-2018
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