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
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