Supreme Court of India Quarterly Digest 2018 (January - March) with Equivalent Citations

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

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

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 586 C.A. No. 7875 of 2015 13-03-2018

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

Anticipatory Bail - Abetment of Suicide. Bhausaheb v. State of Maharashtra, (2018) 3 SCC 221 : 2018 (2) Scale 341 : 2018 (1) RCR (Criminal) 987 : 2018 (2) SCC (Cri) 24 Crl.A. No. 194 of 2018 30-01-2018

Anticipatory Bail - De-facto complainant has no objection if protection under Section 438(2) Cr.P.C. is granted to the accused, in case he is permitted to withdraw the amount deposited before the Court. Bikash Manna v. State of West Bengal; (2018) 3 SCC 47 : 2018 (2) Scale 339 : 2018 (1) RCR (Crl.) 986 : 2018 (1) SCC (Cri) 681 Crl.A. No. 195 of 2018 30-01-2018

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 81 C. A. No. 458 / 2018 23-02-2018

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 - 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

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

Arbitration and Conciliation Act, 1996 - S. 7(5) - though general reference to an earlier contract is not sufficient for incorporation of an arbitration clause in the later contract, a general reference to a standard form would be enough for incorporation of the arbitration clause. Inox Wind Ltd. v. Thermocables, AIR 2018 SC 349 : (2018) 2 SCC 519 : JT 2018 (1) SC 131 : 2018 (1) Scale 77 : 2018 (127) ALR 200 : 2018 (1) ArbLR 1 : 2018 (1) CGLJ 338 : 2018 (1) JLJR 254 : 2018 (36) LCD 326 : 2018 (1) PLJR 388 : 2018 (1) RAJ 562 : 2018 (1) RCR(Civil) 552 : 2018 (1) SLT 509 : 2018 (1) Supreme 1 : 2018 (2) MLJ 119 C.A. No. 19 of 2018 05-01-2018

Arbitration and Conciliation Act, 1996 - S.34 - Whether an award delivered by an Arbitrator, which decides the issue of limitation, can be said to be an interim award, and whether such interim award can then be set aside. Indian Farmers Fertilizer Co Operative Limited v. Bhadra Products, AIR 2018 SC 627 : 2018 (2) ALT 4 : 2018 (129) ALR 927 : 2018 (1) ArbLR 271 : 2018 (1) CTC 669 : JT 2018 (1) SC 433 : 2018 (2) MLJ 747 : 2018 (1) OLR 430 : 2018 (2) RAJ 1 : 2018 (1) RCR (Civil) 793 : 2018 (1) Scale 442 : (2018) 2 SCC 534 : 2018 (1) SLT 671 : 2018 (1) Supreme 306 : 2018 (1) UC 588 C.A. No. 824 of 2018 23-01-2018

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 - Cancellation of - Application for cancellation of the regular bail granted by the Trial Court - High Court has issued non-bailable warrants of arrest - No justification. Upendra Sharma v. State of Bihar, JT 2018 (1) SC 312 : 2018 (3) RCR (Criminal) 294 : 2018 (1) Scale 302 : (2018) 2 SCC 472 : 2018 (1) SCC (Cri) 739 Crl. A. No. 57 / 2018 10-01-2018

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

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

Caste Certificate - the caste is determined by birth and the caste cannot be changed by marriage with a person of scheduled caste. Merely because her husband is belonging to a scheduled caste category, the appellant should not have been issued with a caste certificate showing her caste as scheduled caste. Sunita Singh v. State of U.P., AIR 2018 SC 566 : JT 2018 (1) SC 394 : 2018 (36) LCD 599 : 2018 (1) Scale 379 : (2018) 2 SCC 493 : 2018 (1) SCC (L&S) 295 : 2018 (1) Supreme 421 : 2018 (1) UC 292 : 2018 (1) UPLBEC 283 C.A. No. 487 of 2018 19-01-2018

CENVAT Credit Rules, 2004 - CENVAT credit on goods transport agency service availed for transport of goods from the place of removal to depots or the buyers premises. Commissioner of Central Excise Belgaum v. Vasavadatta Cements Ltd., 2018 (4) Scale 709 : (2018) 3 SCC 769 C.A. No. 11710 of 2016 17-01-2018

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 - Application for filing of documents, seeking amendment in the plaint and directions against the respondents for production of some original documents - Allowed. N.C. Bansal v. Uttar Pradesh Financial Corporation, AIR 2018 SC 685 : 2018 (2) ALD 58 : 2018 (2) ALT 1 : 2018 (2) All.M.R. 949 : 2018 (2) Bom.C.R. 263 : 2018 (4) Mh.L.J. 539 : 2018 (2) PLJR 102 : 2018 (1) OLR 664 : 2018 (3) MPLJ 263 : 2018 (2) GLH 161 : 2018 (3) JKJ 177 : JT 2018 (1) SC 500 : 2018 (36) LCD 291 : 2018 (2) MLJ 509 : 2018 (1) MPWN 241 : 2018 (2) RCR (Civil) 129 : 2018 (1) RLW 421 : 2018 (1) Scale 479 : (2018) 2 SCC 347 : 2018 (1) SLT 548 : 2018 (1) Supreme 329 : 2018 (1) UC 620 C.A. No. 882 of 2018 25-01-2018

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 - Defendants were entitled for a fresh notice of the suit once restored despite their non-appearance in the first round of trial. Jayaprakash v. T.S. David, AIR 2018 SC 718 : 2018 (2) ALT 44 : 2018 (129) ALR 274 : 2018 (1) CTC 685 : JT 2018 (1) SC 484 : 2018 (36) LCD 557 : 2018 (4) Mh.L.J. 547 : 2018 (2) MLJ 635 : 2018 (3) MPLJ 288 : 2018 (1) OLR 454 : 2018 (2) RCR (Civil) 38 : 2018 (1) Scale 492 : (2018) 2 SCC 294 : 2018 (1) Supreme 337 : 2018 (1) UC 624 C.A. No. 883 of 2018 25-01-2018

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 - O. 5 R. 20 - Service of Summons - Substituted Service. Neerja Realtors Pvt. Ltd. v. Janglu, AIR 2018 SC 753 : (2018) 2 SCC 649 : JT 2018 (2) SC 11 : 2018 (1) Scale 546 : 2018 (1) SLT 742 : 2018 (1) Supreme 379 : 2018 (2) ABR 764 : 2018 (1) CTC 662 : 2018 (1) WLN 91 : 2018 (2) All.M.R. 447 : 2018 (2) Bom.C.R. 253 : 2018 (1) JLJR 338 : 2018 (1) CHN 189 : 2018 (3) MLJ 110 : 2018 (1) MPRN 194 C.A. No. 71 of 2018 29-01-2018

Civil P.C. 1908 - O.32 R. 1 to 14 - Suits by or against Minors - In case, where the suit is filed on behalf of the minor, no permission or leave of the Court is necessary for the next friend to institute the suit, whereas if the suit is filed against a minor, it is obligatory for the plaintiff to get the appropriate guardian ad litem appointed by the Court for such minor. Nagaiah v. Chowdamma, AIR 2018 SC 459 : (2018) 2 SCC 504 : JT 2018 (3) SC 29 : 2018 (1) Scale 210 : 2018 (1) OLR 346 : 2018 (1) Supreme 491 : 2018 (2) MLJ 242 C.A. No. 22969 of 2017 08-01-2018

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. 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 - 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 644 bit.ly/CA1513of2018

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

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 P.C.1908 - S. 9 - Civil Suit - Family Matter - Maintainability; R. Kasthuri v. M. Kasthuri, AIR 2018 SC 786 : (2018) 5 SCC 353 C.A. No. 432 of 2018 16-01-2018

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

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 - 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 - 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. 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 339 C.A. No. 1494 of 2018 02-02-2018

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 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

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

Consumer Protection Act, 1986 - Request for hearing before Circuit Bench of National Commission - Proper disposal of. Mangalam Homes & Resorts v. Joy Kaliyavumkal, 2018 AllCJ 573 : 2018 (127) ALR 237 : 2018 (1) ALT 35 : JT 2018 (1) SC 185 : 2018 (1) Scale 231 : (2018) 2 SCC 636 : 2018 (1) SLT 547 : 2018 (1) Supreme 169 C.A. No. 133 of 2018 10-01-2018

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) 854 Con.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 - Once it is established that the party was justified in terminating the contract on account of fundamental breach thereof, then the said innocent party is entitled to claim damages for the entire contract, i.e. for the part which is performed and also for the part of the contract which it was prevented from performing. Maharashtra State Electricity Distribution Co. Ltd. v. Datar Switchgear Ltd., 2018 (2) ABR 624 : AIR 2018 SC 529 : 2018 (2) ALD 92 : 2018 (1) ArbLR 236 : 2018 (3) Bom. C.R. 578 : JT 2018 (1) SC 361 : 2018 (1) RAJ 433 : 2018 (1) Scale 303 : (2018) 3 SCC 133 : 2018 (2) SLT 117 : 2018 (1) Supreme 424 C.A. No. 10466 of 2017 18-01-2018

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

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 - 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 463 Crl.A. No. 245 of 2018 08-02-2018

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 - Only upon rejection of prayer for extension of time sought for filing charge-sheet, right in favour of accused for grant of statutory bail could have ignited. Rambeer Shokeen v. State of NCT of Delhi, AIR 2018 SC 688 : 2018 (103) AllCC 621 : 2018 (1) Bom. C.R. (Cri.) 630 : 2018 (125) CLT 1110 : 2018 (1) Crimes 170 : JT 2018 (2) SC 229 : 2018 (2) MLJ (Cri) 282 : 2018 (2) PLJR 111 : 2018 (2) RCR (Criminal) 109 : 2018 (1) Scale 590 : (2018) 4 SCC 405 : 2018 (1) SLT 785 : 2018 (2) RCR (Criminal) 109 : 2018 (1) Supreme 613 : bit.ly/CrlA2181of2017 31-01-2018

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. 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. 154 - First Information Report (FIR) - The value to be attached to the FIR depends upon facts and circumstances of each case. Latesh @ Dadu Baburao Karlekar v. State of Maharashtra Home Department; AIR 2018 SC 659 : (2018) 3 SCC 66 : 2018 (1) Crimes 95 : JT 2018 (2) SC 27 : 2018 (1) Scale 626 : 2018 (1) SLT 619 : 2018 (1) Supreme 524 : 2018 (1) Bom.C.R. (Cri.) 594 : 2018 CriLJ 1812 : 2018 (1) JLJR 321 : 2018 (2) MLJ (Cri) 168 : 2018 (2) SCC (Cri) 235 : 2018 (1) ACR 843 : 2018 (1) ALD (Cri) 542 bit.ly/CrlA1301of2015 30-01-2018

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. 204 - Order issuing process summons against accused cannot be interfered with by Supreme Court in its appellate jurisdiction under Art. 136. Leena Vivek Masal v. State of Maharashtra, AIR 2018 SC 320 : (2018) 1 SCC 781 : JT 2018 (1) SC 84 : 2018 (1) Scale 88 : 2018 (1) Bom.C.R.(Cri.) 303 : 2018 (1) Crimes 6 : 2018 (1) SLT 455 : 2018 (1) Supreme 423 : 2018 All.M.R.(Cri.) 904 : 2018 (1) UC 132 : 2018 (127) ALR 236 Crl.A. No. 9 of 2018 05-01-2018

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. 439 - Bail - Accused is a citizen of different country - In the eyes of the law every accused is the same irrespective of their nationality. Lachhman Dass v. Resham Chand Kaler, AIR 2018 SC 599 : 2018 (1) ALD (Cri) 535 : 2018 All.M.R. (Cri.) 1379 : 2018 (1) Bom.C.R. (Cri.) 800 : 2018 (1) Crimes 91 : 2018 (1) JCC 256 : JT 2018 (1) SC 451 : 2018 (2) JCC 901 : 2018 (1) JKJ 167 : 2018 (1) RCR (Criminal) 967 : 2018 (1) Scale 431 : (2018) 3 SCC 187 : 2018 (2) SCC(Cri) 10 : 2018 (1) Supreme 486 Crl.A. No. 161 of 2018 23-01-2018

Criminal P.C. 1973 - S. 482 - High Court cannot act like an Investigating Agency while exercising Inherent Powers. Dineshbhai Chandubhai Patel v. Stateof Gujarat; AIR 2018 SC 314 : (2018) 3 SCC 104 : JT 2018 (1) SC 141 : 2018 (1) Scale 97 : (2018) 1 SCC (Cri) 683 ; 2018 (1) Crimes 43 : 2018 (1) BCR (Cri) 314 : 2018 (1) GLH 186 : 2018 (1) JCC 190, 2018 (1) RCR (Criminal) 617, 2018 (1) SLT 436, 2018 (1) Supreme 66, 2018 (1) JLJR 150, 2018 (1) PLJR 326 bit.ly/CrlA12of2018 05-01-2018

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 - S.389 - Mandatory requirement of - Suspension of sentence pending the appeal; release of appellant on bail. Sunita Devi v. State of Bihar, 2018 (2) RCR (Criminal) 130 Crl.A. No. 117 of 2018 18-01-2018

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) 558 Crl.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. 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 - Ss. 378 & 386 - Retrial - Normally, retrial should not be ordered when there is some infirmity rendering the trial defective. A retrial may be ordered when the original trial has not been satisfactory for particular reasons like, appropriate charge not framed, evidence wrongly rejected which could have been admitted or evidence admitted which could have been rejected etc. Retrial cannot be ordered when there is a mere irregularity or where it does not cause any prejudice, the Appellate Court may not direct retrial. The power to order retrial should be exercised only in exceptional cases. Issac @ Kishore v. Ronald Cheriyan, AIR 2018 SC 604 : 2018 (103) AllCC 1002 : 2018 (1) ALT (Cri) 284 : 2018 (1) Crimes 87 : 2018 (1) JCC 252 : 2018 (1) JLJR 377 : 2018 (2) PLJR 57 : 2018 (1) RCR (Criminal) 926 : 2018 (1) Scale 437 : (2018) 2 SCC 278 : 2018 (1) SCC (Cri) 703 : 2018 (1) Supreme 482 Crl.A. No. 165 of 2018 23-01-2018

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

Criminal P.C. 1973 - Ss. 482 & 320 - Quashing of Criminal Proceedings - Exercise of Power by High Court - Quashing of proceedings based on Compromise / Settlement between parties. Anita Maria Dias v. State of Maharashtra, 2018 All.M.R. (Cri.) 1357 : 2018 (103) AllCC 593 : 2018 (2) Crimes 18 : 2018 (2) JCC 755 : JT 2018 (2) SC 261 : 2018 (1) RCR (Criminal) 983 : 2018 (2) Scale 330 : (2018) 3 SCC 290 : 2018 (2) SCC (Cri) 50 : 2018 (2) Supreme 133 : 2018 (1) UC 239 Crl.A. No. 199 of 2018 19-01-2018

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 P.C.1973 - S. 228 - Framing of Charges - Standard which courts must apply while framing charges; Mauvin Godinho v. State of Goa, 2018 (1) ABR (Cri) 955 : AIR 2018 SC 749 : 2018 All.M.R. (Cri.) 1384 : 2018 (1) Bom.C.R. (Cri.) 815 : 2018 (2) Crimes 14 : 2018 CriLJ 1717 : 2018 (2) JCC 714 : 2018 (1) JLJR 365 : JT 2018 (2) SC 323 : 2018 (2) MLJ (Cri) 89 : 2018 (3) RCR (Criminal) 385 : 2018 (1) Scale 584 : (2018) 3 SCC 358 : 2018 (2) SCC (Cri) 63 : 2018 (1) SCC (L&S) 591 : 2018 (2) Supreme 122 : 2018 (1) UC 244 bit.ly/CrlA315of2011 17-01-2018

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

Disaster Management Act, 2005 - S.2 - Safety Measures of the Mullaperiyar Dam - there has to be a greater degree of disaster management and better preparedness to face any kind of disaster caused by the dam. Russel Joy v. Union of India, JT 2018 (1) SC 487 : 2018 (1) Scale 526 : (2018) 3 SCC 179 : 2018 (1) Supreme 300 W.P. (C) No. 878 of 2017 11-01-2018

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 - Invalidation of degrees in Engineering - chance to prove merit to validate it - Directions issued. Orissa Lift Irrigation Corp. Ltd. v. Rabi Sankar Patro, JT 2018 (1) SC 564 : 2018 (1) KLT 494 : 2018 (1) Scale 425 : (2018) 2 SCC 298 : 2018 (1) SCC (L&S) 289 M.A. No. 1795 of 2017 22-01-2018

Education - MBBS/BDS and PG Course - Meritorious Reserved Candidate (MRC). Tripurari Sharan v. Ranjit Kumar Yadav, AIR 2018 SC 366 : 2018 (1) JLJR 262 : JT 2018 (1) SC 287 : 2018 (36) LCD 580 : 2018 (1) PLJR 261 : 2018 (1) Scale 255 : (2018) 2 SCC 656 : 2018 (1) Supreme 277 : 2018 (1) UPLBEC 57 C.A. No. 157 of 2018 11-01-2018

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

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

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

Employees Compensation Act, 1923 - S. 30 - Appeal - Scope of Interference; Shaikh Osmanali Chous v. New India Assurance, 2018 (3) ABR 64 : 2018 ACJ 1016 : 2018 AllCJ 574 : AIR 2018 SC 788 : 2018 (3) All.M.R. 465 : JT 2018 (1) SC 481 : 2018 (36) LCD 310 : 2018 LLR 343 : 2018 (1) Scale 462 : (2018) 3 SCC 49 : 2018 (1) SCC (L&S) 461 : 2018 (2) SLT 61 : 2018 (1) Supreme 415 bit.ly/ca420of2018 16-01-2018

Environment Law - Environmental Clearance - Environment Impact Assessment - Water / Coastal Areas - Housing project - Contradictory stands of the authority - Not fair to builder and impermissible and would cause grave uncertainty if such an approach was to be permitted. Kerala State Coastal Management Authority v. DLF Universal Ltd., AIR 2018 SC 389 : 2018 (8) FLT 83 : 2018 (1) KLJ 429 : 2018 (1) Scale 239 : (2018) 2 SCC 203 C.A. No. 117 of 2018 10-01-2018

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

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

Eviction - In eviction suit filed by landlord, only landlord and tenant are necessary parties. Kanaklata Das v. Naba Kumar Das, AIR 2018 SC 682 : (2018) 2 SCC 352 : JT 2018 (1) SC 576 : 2018 (1) Scale 482 : 2018 (1) Supreme 358 : 2018 (2) ALD 119 : 2018 (2) Bom.C.R. 369 : 2018 (1) JLJR 335 : 2018 (3) MLJ 350 : 2018 (1) RCR 205 : 2018 (1) UC 616 : 2018 (2) ALT 18 C.A. No. 3018 of 2008 25-01-2018

Evidence Act, 1872 - Requirement of certificate under S. 65-B(4) is not always mandatory. Shafhi Mohammad v. State of Himachal Pradesh, AIR 2018 SC 714 : (2018) 2 SCC 801 : JT 2018 (2) SC 277 : 2018 (2) Scale 235 : 2018 (1) SLT 616 : 2018 (1) SCC (Cri) 860 : 2018 (1) SLT 616 : 2018 (2) Supreme 545 : 2018 (1) UC 254 : 2018 (2) ALD 171 : 2018 (1) ALD (Cri) 606 : 2018 (1) ALT (Cri) 235 : 2018 (2) Bom. C.R. (Cri.) 469 : 2018 (1) Crimes 125 : 2018 CriLJ 1714 : 2018 (1) CTC 777 : 2018 (1) JLJR 343 S.L.P. (Crl) No. 2302 of 2017 30-01-2018

Evidence Act, 1872 - S. 68 - Will - Certified Copy - Since the original Will was not in plaintiff's possession, its existence and legality could be proved by the plaintiff by leading the secondary evidence. H.V. Nirmala v. R. Sharmila, AIR 2018 SC 1264 : 2018 (2) ALD 55 : 2018 (4) All.M.R. 425 : 2018 (2) ALT 41 : JT 2018 (2) SC 16 : 2018 (2) RCR (Civil) 40 : 2018 (1) Scale 495 : (2018) 3 SCC 303 : 2018 (1) SLT 752 : 2018 (1) Supreme 339 C.A. No. 881 of 2018 25-01-2018

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

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 122 C.A. No. 3171 of 2018 23-03-2018

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

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

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 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

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

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

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. 2 (22) (e) - “dividend” - “shareholder” - definition / meanign of - Amendment - Effect of - Referred to larger Bench. National Travel Services v. Commissioner of Income Tax Delhi VIII, 2018 (1) Scale 533 : (2018) 3 SCC 95 : 2018 (2) Supreme 127 C.A. No. 2068 of 2012 18-01-2018

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

Income Tax Rules, 1962 - Method for determining amount of expenditure in relation to income not includable in total income. CIT v. Essar Teleholdings; AIR 2018 SC 1116 : (2018) 3 SCC 253 : JT 2018 (2) SC 44 : 2018 (1) Scale 681 : 2018 (1) Supreme 557 C.A. No. 2165 of 2012 31-01-2018

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 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 482 C.A. No. 2546 of 2018 07-03-2018

Industrial Disputes Act, 1947 - S. 10 - Co-Operative Societies Act, 1969 (Kerala) - S. 69 - It is the choice of the Employee concerned to choose any one forum out of the two forums available to him/her under the two Acts (the KCS Act and the I.D. Act) to get his/her service dispute decided. K.A. Annamma v. Cochin Co-operative Hospital Society, AIR 2018 SC 422 : 2018 (1) AWC 896 : 2018 (157) FLR 1 : 2018 (1) GLH 196 : JT 2018 (1) SC 398 : 2018 (1) KLT 414 : 2018 (2) LLJ 10 : 2018 (1) Scale 271 : (2018) 2 SCC 729 : 2018 (1) Supreme 507 C.A. No. 197 of 2018 12-01-2018

Industrial Disputes Act, 1947 - Status of Employee - Whether Workman or Supervisor - Benefit under S. 25K - Applicable if unit has more than 100 workers. National Kamgar Union v. Kran Rader Pvt. Ltd., AIR 2018 SC 308 : (2018) 10 SCC 784 : JT 2018 (1) SC 86 : 2018 (1) Scale 89 : 2018 (1) Bom.C.R. 760 : 2018 (156) FLR 528 : 2018 (1) JLJR 158 : 2018 (1) LLJ 513 : 2018 LLR 159 : 2018 (1) PLJR 334 : 2018 (1) SLT 431 : 2018 (1) Supreme 240 : 2018 (2) ALLMR 933 C.A. No. 20 of 2018 05-01-2018

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 689 C.A. No. 2269 of 2018 19-02-2018

Insurance - Underinsurance - When a group of items is insured under one heading and only some of the items and not all items are lost/stolen then the principle of under-insurance will apply. However, if all or most of the items of value covered under the policy are stolen, then the insurance company is bound to pay the value of the goods insured. I. C. Sharma v. Oriental Insurance, 2018 ACJ 542 : AIR 2018 SC 416 : 2018 AllCJ 569 : 2018 (127) ALR 731 : 2018 (1) ALT 54 : 2018 (1) AWC 761 : 2018 (1) JLJR 214 : JT 2018 (1) SC 301 : 2018 (4) Mh.L.J. 96 : 2018 (1) PLJR 368 : 2018 (2) RCR (Civil) 61 : 2018 (2) RLW 1432 : 2018 (1) Scale 233 : (2018) 2 SCC 76 : 2018 (1) SLT 542 : 2018 (1) Supreme 204 C.A. No. 3167 of 2017 10-01-2018

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

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 131 C.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

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 468 C.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 - Compensation - Fruit Trees were standing on the acquired land - Computation of. State of Punjab v. Thuru Ram, 2018 ALT (Rev) 31 : 2018 (125) CLT 923 : JT 2018 (1) SC 396 : 2018 (1) RCR (Civil) 724 : 2018 (1) Scale 377 : (2018) 2 SCC 639 : 2018 (1) Supreme 155 C.A. No. 488 of 2018 19-01-2018

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 - It is the duty of the landowners and the State to adduce proper and sufficient evidence to enable the Courts to arrive at a reasonable and fair market rate of the acquired land prevalent on the date of acquisition. Surender Singh v. State of Haryana, AIR 2018 SC 1013 : 2018 ALT (Rev) 24 : JT 2018 (2) SC 112 : 2018 (3) MLJ 600 : 2018 (1) RCR (Civil) 900 : 2018 (1) Scale 551 : (2018) 3 SCC 278 : 2018 (1) SLT 708 : 2018 (2) Supreme 115 C.A. No. 885 of 2018 25-01-2018

Land Acquisition Act, 1894 - post notification instances cannot be taken into consideration for determining the compensation of the acquired land. Maya Devi v. State of Haryana, AIR 2018 SC 645 : 2018 (2) ALD 166 : JT 2018 (1) SC 495 : 2018 (1) MPWN 217 : 2018 (1) RCR (Civil) 870 : 2018 (1) Scale 501 : (2018) 2 SCC 474 : 2018 (1) Supreme 332 : 2018 (1) UC 608 C.A. No. 873 of 2018 25-01-2018

Land Acquisition Act, 1894 - Reference - Proper Application. Shahid Jamal v. State of U.P., (2018) 3 SCC 52 : 2018 (2) Scale 351 : 2018 (2) RCR (Civil) 29 : 2018 (1) UC 290 : 2018 ALT (Rev) 18 bit.ly/CA1349of2018 30-01-2018

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 - 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 215 C.A. No. 8788 of 2015 12-03-2018

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

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 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

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/CrlA720of2016 12-03-2018

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 - 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 - 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 - false case was set up to support a claim for compensation - no merit in the appeals. Anil v. New India Assurance, 2018 ACJ 729 : 2018 AllCJ 507 : 2018 (3) ALD 47 : AIR 2018 SC 612 : 2018 (1) ALT 78 : JT 2018 (1) SC 419 : 2018 (1) MPWN 170 : 2018 (1) OLR 337 : 2018 (2) RCR (Civil) 837 : 2018 (1) Scale 389 : (2018) 2 SCC 482 : 2018 (1) SCC (Cri) 740 : 2018 (1) SLT 366 : 2018 (1) Supreme 135 : 2018 (1) UC 572 C.A. No. 3291 of 2011 19-01-2018

Motor Vehicles Act, 1988 - Insurance Company can be fastened with the liability on the basis of a valid insurance policy only after the basic facts are pleaded and established by the owner of the offending vehicle - that the vehicle was not only duly insured but also that it was driven by an authorised person having a valid driving licence. Pappu v. Vinod Kumar Lamba, 2018 ACJ 690 : AIR 2018 SC 592 : 2018 AllCJ 559 : 2018 (3) ALD 49 : 2018 (3) ALJ 139 : 2018 (2) CTC 232 : 2018 (1) JLJR 359 : JT 2018 (1) SC 425 : 2018 (2) RCR (Civil) 42 : 2018 (1) Scale 402 : (2018) 3 SCC 208 : 2018 (2) SCC (Cri) 1 : 2018 (1) SLT 359 : 2018 (1) Supreme 137 C.A. No. 20962 of 2017 19-01-2018

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 - 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 - 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 342 C.A. No. 2538 of 2018 27-03-2018

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. 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) 882 C.A. No. 2247 of 2018 28-03-2018

Motor Vehicles Act, 1988 - Ss. 166 & 168 - Computation of Income - Student; Nagar Mal v. Oriental Insurance, 2018 (1) ACC 314 : 2018 ACJ 971 : AIR 2018 SC 568 : 2018 (3) ALD 45 : JT 2018 (1) SC 421 : 2018 (2) MPWN 27 : 2018 (1) Scale 391 : (2018) 3 SCC 130 : 2018 (1) SCC (Cri) 695 : 2018 (1) SLT 347 : 2018 (1) Supreme 133 bit.ly/CA448of2018 19-01-2018

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 Act, 1988 - Ss. 166 & 168 - Multiplier - Age of deceased - the deceased at the relevant time was 29 years of age; that he had completed his B.Ed - the correct multiplier to be applied in the present case would be 17 having regard to the age of the deceased - Ramrao Lala Borse v. New India Assurance, 2018 ACJ 973 : AIR 2018 SC 657 : 2018 (2) ALD 128 : 2018 AllCJ 567 : 2018 (2) All.M.R. 401 : JT 2018 (1) SC 423 : 2018 (1) MPWN 145 : 2018 (2) RCR (Civil) 775 : 2018 (1) Scale 410 : (2018) 3 SCC 204 : 2018 (2) SCC (Cri) 21 : 2018 (1) SLT 368 : 2018 (1) Supreme 131 : 2018 (1) UC 613 C.A. No. 418 of 2018 19-01-2018

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

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

Municipal Taxes - External Development Charges - Liability to pay the same is on house construction society, colonisers or individual persons - Central Government entities who were allotted plots and constructed dwelling units for stay of their employees as distinguished from sale or letting out on rent are not liable to pay said charges. Municipal Council v. National Fertilizer, AIR 2018 SC 1192 : (2018) 3 SCC 200 : JT 2018 (3) SC 43 : 2018 (2) Scale 260 : 2018 (3) MLJ 215 C.A. No. 2511 of 2011 30-01-2018

Narcotic Drugs and Psychotropic Substances Act, 1985 - It is imperative that the law the Court should follow for awarding conviction under the provisions of N.D.P.S. Act is “stringent the punishment stricter the proof.” In such cases, the prosecution evidence has to be examined very zealously so as to exclude every chance of false implication. State of Himachal Pradesh v. Trilok Chand, AIR 2018 SC 609 : 2018 (1) ALD (Cri) 579 : 2018 (1) ALT (Cri) 280 : 2018 (2) Bom.C.R.(Cri.) 531 : 2018 (1) Crimes 79 : 2018 (1) JCC (Narcotics) 15 : 2018 (1) JKJ 138 : JT 2018 (1) SC 478 : 2018 (2) RCR (Criminal) 641 : 2018 (1) Scale 458 : (2018) 2 SCC 342 : 2018 (1) SCC (Cri) 714 : 2018 (1) Supreme 326 Crl.A. No. 2133 of 2011 17-01-2018

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

Narcotics Drugs and Psychotropic substances Act, 1985 - Quantity involved in this case is only 14 Kgs. of Ganja, which is a non-commercial quantity - the appellant is not involved in any other case - the appellant should be released on bail, pending trial.. Birbal Prasad v. State of Bihar, 2018 All.M.R. (Cri.) 2293 : 2018 (2) RCR (Criminal) 121 : (2018) 11 SCC 488 : JT 2018 (3) SC 64 : 2018 (1) Scale 642 Crl.A. No. 175 of 2018 25-01-2018

National Anthem - Playing of the National Anthem prior to the screening of feature films in cinema halls is not mandatory, but optional or directory. Shyam Narayan Chouksey v. Union of India, 2018 (2) ABR 446 : AIR 2018 SC 357 : 2018 (4) All.M.R. 478 : 2018 (1) GLH 172 : 2018 (1) JLJR 224 : JT 2018 (1) SC 197 : 2018 (1) KLT 444 : 2018 (1) PLJR 379 : 2018 (1) Scale 197 : (2018) 2 SCC 574 : 2018 (1) Supreme 291 W.P. (C) No. 855 of 2016 09-01-2018

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

Partition - Absolute owner cannot purport to transfer his absolute interest vide “partition”. Theiry Santhanamal v. Viswanathan, 2018 AllCJ 635 : AIR 2018 SC 556 : 2018 (3) ALD 32 : 2018 (128) ALR 760 : JT 2018 (1) SC 466 : 2018 (2) RCR (Civil) 55 : 2018 (1) Scale 366 : (2018) 3 SCC 117 : 2018 (1) SLT 659 : 2018 (1) Supreme 452 C.A. No. 3227 of 2006 18-01-2018

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. 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 86 Crl.A. No. 272 of 2018 15-02-2018

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

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. 201, 302 & 304 - Considering the nature of offence and the trivial reason for which the appellant got enraged and assaulted H, that too by a knife and also gave multiple blows, does not warrant a light punishment. Atul Thakur v. State of Himachal Pradesh, AIR 2018 SC 570 : 2018 (1) ALD (Cri) 729 : 2018 All.M.R. (Cri.) 1372 : 2018 (1) Crimes 16 : 2018 (1) JKJ 189 : JT 2018 (1) SC 457 : 2018 (1) Scale 394 : (2018) 2 SCC 496 : 2018 (1) SCC (Cri) 743 : 2018 (1) SLT 776 : 2018 (1) Supreme 144 : 2018 (1) UC 228 Crl.A. No. 522 of 2016 19-01-2018

Penal Code, 1860 - Ss. 302 - when conviction is based on circumstantial evidence, there should not be any gap in the chain of circumstances; the accused is entitled to the beneft of doubt. State of Himachal Pradesh v. Raj Kumar, AIR 2018 SC 329 : 2018 (102) AllCC 622 : 2018 (1) ALD (Cri) 561 : 2018 (1) ALT (Cri) 405 : 2018 (1) CGLJ 393 : 2018 (1) Crimes 1 : 2018 (1) JCC 174 : 2018 (1) JKJ 160 : 2018 (1) JLJR 145 : JT 2018 (1) SC 159 : 2018 (1) MLJ (Cri) 480 : 2018 (1) PLJR 321 : 2018 (1) RCR (Criminal) 689 : 2018 (2) RLW 1229 : 2018 (1) Scale 162 : (2018) 2 SCC 69 : 2018 (1) SCC (Cri) 452 : 2018 (1) Supreme 103 : 2018 (1) UC 1 Crl.A. No. 31 of 2018 08-01-2018

Penal Code, 1860 – Ss. 302 & 149 - Failure or nonexplanation of injuries on accused when material – Principles summarised. Dashrath @ Jolo v. State of Chhattisgarh, AIR 2018 SC 1133 : 2018 CriLJ 2229 : 2018 (1) JLJR 356 : 2018 (2) MPJR 1 : 2018 (1) MPWN 267 : 2018 (2) PLJR 36 : 2018 (1) RCR (Criminal) 972 : 2018 (1) Scale 580 : (2018) 4 SCC 428 Crl.A. No. 197 of 2018 23-01-2018

Penal Code, 1860 - Ss. 304 Part I & 307 - there was no enmity between the accused and the victims - First Information Report was lodged 13 days after the incident - there is no plausible explanation coming forth from the prosecution for this inordinate delay - the High Court has thoroughly considered all aspects of the case and rightly taken them into account. State of Madhya Pradesh v. Nande @ Nandkishore Singh, AIR 2018 SC 747 : 2018 (1) ALT (Cri) 242 : 2018 (1) JKJ 206 : 2018 (2) MLJ (Crl.) 198 : 2018 (2) Scale 334 : (2018) 3 SCC 196 : 2018 (2) SCC (Crl.) 18 : 2018 (1) UC 283 Crl.A. No. 624 of 2016 23-01-2018

Penal Code, 1860 - Ss. 306 & 498A - Bride committed suicide by consuming rat poison - High Court upheld conviction of mother-in-law and husband - Validity of the conviction and sentence. Anusuiya @ Saraswatibai v. State of Madhya Pradesh, AIR 2018 SC 673 : (2018) 2 SCC 272 : 2018 (1) Crimes 84 : JT 2018 (1) SC 571 : 2018 (1) Scale 487 : 2018 (1) SLT 705 : 2018 (1) Supreme 355 : 2018 (1) RCR 980 : 2018 (1) SCC (Cri) 698 : 2018 (103) AllCC 590 : 2018 (1) ALD 583 : 2018 (1) ALT 257 : 2018 (2) JCC 866 bit.ly/CrlA1224of2008 25-01-2018

Penal Code, 1860 - Ss. 325/34 - Acquittal by Trial Court set aside by High Court - Since 30 years have passed and one injured has expired, a different view is not warranted. Subhash Chander Bansal v. Gian Chand, AIR 2018 SC 655 : 2018 (1) ALD (Cri) 540 : 2018 (1) Crimes 82 : JT 2018 (1) SC 464 : 2018 (1) MLJ (Cri) 731 : 2018 (1) MPWN 337 : 2018 (1) Scale 499 : (2018) 2 SCC 291 : 2018 (1) SCC(Cri) 708 : 2018 (1) Supreme 342 : 2018 (1) UC 267 Crl.A. No. 1676 of 2009 25-01-2018

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

Police Act, 1963 (Karnataka) - S. 31 - Bangalore City Licensing and Controlling of Places of Public Entertainment Order, 2005 - Regulating restaurants displaying “live band music”, “cabaret dance” and “discotheque” not violative of Arts. 14 and 19. Karnataka Live Band Restaurants Association v. State of Karnataka, AIR 2018 SC 731 : JT 2018 (2) SC 68 : 2018 (2) KarLJ 193 : 2018 (3) MLJ 561 : 2018 (1) Scale 507 : (2018) 4 SCC 372 : 2018 (1) Supreme 362 C.A. No. 4741 of 2007 25-01-2018

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

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

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

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

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 705 C.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 - Subletting - If tenant is able to prove that he continues to retain exclusive possession over tenanted premises notwithstanding any third party’s induction in said premises, no case of subletting is made out against such tenant. Flora Elias Nahoum v. Idrish Ali Laskar, AIR 2018 SC 650 : (2018) 2 SCC 485 : JT 2018 (2) SC 129 : 2018 (1) Scale 472 : 2018 (1) Supreme 350 : 2018 (1) RCR (Rent) 190 : 2018 (2) MLJ 741 C.A. No. 4189 of 2007 25-01-2018

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

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

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

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/CrlA416of2018 20-03-2018

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 - Discretionary jurisdiction under Article 226 is not absolute but has to be exercised judiciously in the given facts of a case and in accordance with law. State Bank of Travancore v. Mathew K.C., AIR 2018 SC 676 : (2018) 3 SCC 85 : JT 2018 (2) SC 3 : 2018 (1) Scale 618 : 2018 (1) Supreme 471 : 2018 (2) RCR (Civil) 1 : 2018 (2) AWC 1100 : 2018 (2) ALD 132 : 2018 (2) Bom.C.R. 279 : 2018 (1) JLJR 381 : 2018 (1) KLT 784 : 2018 (1) KLJ 820 bit.ly/CA1281of2018 31-01-2018

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

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 - 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 - Candidate - Constable in Chandigarh Police - Involvement in Criminal Cases - Acquittal - Screening Committee - Not suitable for the post - Whether the court can substitute its views for the decision taken by the Screening Committee. Union Territory, Chandigarh Administration v. Pradeep Kumar, AIR 2018 SC 376 : 2018 (1) JLJR 163 : JT 2018 (1) SC 148 : 2018 (1) KLT 384 : 2018 (1) MLJ 873 : 2018 (1) MPWN 98 : 2018 (1) PLJR 339 : 2018 (1) Scale 153 : (2018) 1 SCC 797 : 2018 (1) SCC (Cri) 504 : 2018 (1) SCC(L&S) 149 : 2018 (1) UPLBEC 320 C.A. No. 67 of 2018 08-01-2018

Service Law - Compassionate Appointment - Bipartite Agreement - The terms of the Agreement are very specific and give no room for any discretion. Subhadra v. Ministry of Coal, AIR 2018 SC 783 : 2018 (3) All.M.R. 478 : 2018 (3) ABR 61 : 2018 (158) FLR 179 : (2018) 11 SCC 201 C.A. No. 830 of 2018 23-01-2018

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 - 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 - No Contract Employee has a Right to have his or her Contract Renewed from Time to Time. Yogesh Mahajan v. Prof. R. C. Deka, AIR 2018 SC 757 : 2018 (158) FLR 182 : JT 2018 (2) SC 1 : 2018 (1) SCALE 577 : (2018) 3 SCC 218 : 2018 (1) SCC (L&S) 474 : 2018 (1) Supreme 574 : 2018 LLR 366 : 2018 (1) UPLBEC 281 bit.ly/SLP22475of2012 31-01-2018

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 - 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 105 C.A. No. 2763 of 2018 12-03-2018

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 - 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 - Recruitment Process - When there is variance in the advertisement and in the statutory rules, it is statutory rules which take precedence. Ashish Kumar v. State of Uttar Pradesh, 2018 (128) ALR 526 : 2018 (1) JLJR 369 : JT 2018 (2) SC 249 : 2018 (3) MLJ 219 : 2018 (2) PLJR 49 : 2018 (1) Scale 608 : (2018) 3 SCC 55 : 2018 (1) SCC (L&S) 464 : 2018 (1) Supreme 605 : 2018 (1) UPLBEC 330 bit.ly/CA170of2018 31-01-2018

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 Rajasthan C.A. No. 7169 of 2014 08-02-2018

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

Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Maharashtra) - S.4. Susme Builders Pvt. Ltd v. Chief Executive Officer, Slum Rehabilitation Authority, 2018 (2) ABR 155 : AIR 2018 SC 237 : 2018 (4) All.M.R. 396 : 2018 (1) Bom.C.R. 481 : JT 2018 (1) SC 93 : 2018 (4) Mh.L.J. 507 : 2018 (1) SCALE 104 : (2018) 2 SCC 230 : 2018 (1) Supreme 385 bit.ly/CA18121of2017 04-01-2018

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 35 C.A. No. 2435 of 2018 23-02-2018

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

Specific Relief Act, 1963 - S.21 - Power to award compensation in certain cases - When the court gets into equity jurisdiction, it would be guided by justice, equity, good conscience and fairness to both the parties. Urmila Devi v. Deity Mandir Shree Chamunda Devi Mohal Paddar, AIR 2018 SC 640 : 2018 (2) ALD 123 : 2018 (1) ALT 59 : 2018 (125) CLT 902 : JT 2018 (1) SC 307 : 2018 (4) Mh.L.J. 566 : 2018 (2) MLJ 360 : 2018 (3) MPLJ 277 : 2018 (2) PLJR 206 : 2018 (2) RCR (Civil) 35 : 2018 (1) Scale 297 : (2018) 2 SCC 284 : 2018 (2) SLT 239 : 2018 (1) Supreme 501 C.A. No. 462 of 2018 10-01-2018

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 - 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

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

UGC (Minimum Standards and Procedure) Regulations 2009 - NET qualification is now minimum qualification for appointment of Lecturer and exemption granted to M.Phil. degree holders have been withdrawn and exemption is allowed only to those Ph.D. degree holders who have obtained the Ph.D. degree in accordance with 11.7.2009 regulations. State of Madhya Pradesh v. Manoj Sharma, 2018 (4) All.M.R. 441 : AIR 2018 SC 1148 : 2018 (2) JLJ 53 : JT 2018 (2) SC 20 : 2018 (2) MPJR 97 : 2018 (1) Scale 465 : (2018) 3 SCC 329 : 2018 (1) Supreme 344 C.A. No. 871 of 2018 25-01-2018

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