Supreme Court of India Monthly Digest April 2018

Arbitration and Conciliation Act, 1996 - S. 11. IBI Consultancy India v. Dsc, AIR 2018 SC 2907 : 2018 (3) ALT 57 : 2018 (3) ArbLR 181 : JT 2018 (4) SC 284 Arbit. Case (C) No. 53 of 2016 16-04-2018

Arbitration and Conciliation Act, 1996 - S. 33. Oswal Woollen Mills v. Oswal Agro Mills, AIR 2018 SC 1988 : 2018 (3) ArbLR 187 : 2018 (2) RCR (Civil) 938 : 2018 (5) Scale 542 : 2018 (4) Supreme 605 C.A. No. 3776 of 2018 13-04-2018

Arbitration and Conciliation Act, 1996 - Ss. 34 & 42 - Companies Act, 2013 - Registration Act, 1908 - S. 17. Cheran Propertiees v. Kasturi and Sons, 2018 (3) ArbLR 228 : 2018 (6) Scale 267 : 2018 (4) Supreme 451 C.A. No. 10025 of 2017 24-04-2018

Arbitration - M.P. Madhyastham Adhikaran Adhiniyam, 1983 - Object of the Legislation - Speedy Dispute Resolution Mechanism - the State must monitor timeliness so that arbitration proceedings do not take unduly long time. One to two years may be taken as reasonable time for the purpose. Essel Infra Projects v. State of Madhya Pradesh, 2018 (6) SCALE 156 C.A. No. 4250 of 2018 19-04-2018

Bail - Speaking order with reasons need to be given in brief while deciding as to whether the undertrial is entitled to bail or not. Seema Singh v. Central Bureau of Investigation, AIR 2018 SC 2161 : 2018 (3) Bom.C.R. (Cri.) 187 : 2018 (2) JKJ 66 : JT 2018 (4) SC 314 : 2018 (6) Scale 76 Crl.A. No. 569 of 2018 18-04-2018

Benami Transactions (Prohibition) Act, 1988 - Ss. 2 (a), 4(3) - Prohibition of the right to recover property held benami. Vinod Kumar Dhall v. Dharampal Dhall, AIR 2018 SC 3470 : 2018 AIR (SCW) 3470 : 2018 (3) ALD 196 : 2018 (3) JBCJ 81 : 2018 (2) OLR 221 : 2018 (3) PLR 352 : 2018 (2) RCR (Civil) 860 : 2018 (7) Scale 256 C.A. No. 4534 of 2018 26-04-2018

Central Excise Tariff Act, 1985 - Whether the coconut oil manufactured and packed in “small containers” by the assessee(s) is classifiable under Heading 1513 and not under Heading 3305 - Referred to Larger Bench. Commissioner of Central Excise v. Madhan Agro Industries, 2018 (5) Scale 623 : 2018 (4) Supreme 692 C.A. No. 1766 of 2009 13-04-2018

Civil P.C. 1908 - O. 2 R. 2 - Second Suit - Bar of second suit under this provision is applicable when relief claimed in second suit was also available but not claimed in first suit. Sucha Singh Sodhi v. Baldev Raj Walia, AIR 2018 SC 2241 : 2018 (2) JKJ 20 : 2018 (2) RCR (Civil) 782 : 2018 (5) Scale 615 : (2018) 6 SCC 733 bit.ly/CA3777of2018 13-04-2018

Civil P.C. 1908 - O. 7 R. 11(d) - Rejection of Plaint - Defence or plea in the written statement or any application filed by the defendents, cannot be the basis. Chhotanben v. Kiritbhai Jalkrushnabhai Thakkar, AIR 2018 SC 2447 : 2018 (128) ALR 719 : 2018 (4) Bom.C.R. 293 : 2018 (4) CTC 206 : 2018 (3) GLH 338 : 2018 (2) JKJ 10, JT 2018 (4) SC 145 : 2018 (5) MLJ 588 : 2018 (5) Scale 472 : (2018) 6 SCC 422 C.A. No. 3500 of 2018 10-04-2018

Civil P.C. 1908 - O.6 R.17 - Amendment of plaint after commencement of trial - Neither changing the nature of suit nor introducing any fresh ground - Held, proposed amendment ought to have been allowed, more so when it could not have caused any prejudice to defendants. Gurbakhsh Singh v. Buta Singh, AIR 2018 SC 2635 : 2018 (3) ALD 186 : 2018 (3) ALT 55 : 2018 (2) RCR (Civil) 916 : 2018 (3) RLW 2540 : (2018) 6 SCC 567 : 2018 (6) SCALE 484 C.A. No. 4568 of 2018 27-04-2018

Civil P.C. 1908 - S. 100 - Second Appeal - Substantial Question of Law - Suit for Partition and Separate Possession - Unregistered Partition Deed - Questions relating to admissibility and contents. Uma Pandey v. Munna Pandey, AIR 2018 SC 1930 : 2018 (128) ALR 752 : 2018 (3) ALT 50 : JT 2018 (4) SC 142 : 2018 (4) MLJ 365 : 2018 (140) RD 545 : 2018 (5) Scale 406 : (2018) 5 SCC 376 C.A. No. 3657 of 2018 09-04-2018

Civil P.C. 1908 - S. 9 - Abuse of Process of Court - Suppression of Material Facts. Baxis Singh v. Sukhdev Singh, AIR 2018 SC 2157 : 2018 (128) ALR 709 : 2018 (5) Scale 469 : (2018) 5 SCC 338 : 2018 (4) Supreme 181 C.A. No. 6303 of 2012 10-04-2018

Claim - Release the permissible benefits - any decision taken at an earlier point of time shall not stand in the way of the Director (HR), who will consider the claim of the appellant afresh as per this order. Jyoti Kumar Malviya v. Indian Farmers Fer. Co-op. Ltd., 2018 (8) Scale 69 C.A. No. 3062 of 2006 19-04-2018

Competition Act, 2002 - Penalty for non-compliance with S. 6(2). SCM Solifert Ltd. v. CCI, 2018 (6) Scale 38 : (2018) 6 SCC 631 C.A. No. 10678 of 2016 17-04-2018

Competition Act, 2002 - Ss. 5, 6, 43-A & 64(3) - Nature of Transaction. Competition Commission of India v. Thomas Cook (India) Ltd., 2018 (2) CPJ 8 : 2018 (6) Scale 45 : (2018) 6 SCC 549 C.A. No. 13578 of 2015 17-04-2018

Conservation of Foreign Exchange and Prevention of Smuggling Activity Act, 1974. Secretary to Government of Tamil Nadu v. Kamala, 2018 (103) AllCC 647 : 2018 All.M.R. (Cri.) 2686 : 2018 (2) GLH 15 : JT 2018 (4) SC 164 : 2018 (5) Scale 492 : (2018) 5 SCC 322 Crl.A. No. 507 of 2018 10-04-2018

Constitution of India - Art. 226 - Exercise of power by High Court. Aparbal Yadav v. State of U.P., JT 2018 (4) SC 236 : 2018 (6) Scale 165 : (2018) 5 SCC 363 : 2018 (2) SCC (L&S) 33 C.A. No. 3695 of 2018 10-04-2018

Constitution of India - Art. 226 - Writ appeal - Proper mode of disposal. Hemraj Chandrakar v. State of Chhattisgarh, JT 2018 (4) SC 267 : 2018 (5) Scale 540 : (2018) 6 SCC 628 : 2018 (4) Supreme 207 C.A. No. 3778 of 2018 13-04-2018

Constitution of India - Art. 32 - Justice Loya Death Case - Special Judge conducting Sohrabuddin case (Fake Encounter Death case) - Materials indicated natural death - No complaint was lodged by any relative - No ground to direct further inquiry. Tehseen Poonawalla v. Union of India, 2018 (3) MLJ 713 : 2018 (6) Scale 88 : (2018) 6 SCC 72 W.P. (C) No. 19 of 2018 19-04-2018

Constitution of India - Art. 32 - Panchayat Elections Act, 2003 (West Bengal). Bharatiya Janata Party West Bengal v. State of West Bengal, AIR 2018 SC 1914 : JT 2018 (4) SC 133 : 2018 (5) Scale 381 : (2018) 5 SCC 365 : 2018 (4) Supreme 178 W.P. (C) No. 302 of 2018 09-04-2018

Constitution of India - Art. 32 - Parties agreed to settle through mediation - the amount which is lying in deposit with the Registry shall be returned to the petitioners together with the accrued interest. Saraswati Singh v. Shailesh Singh, 2018 (2) Crimes 317 : 2018 (5) Scale 606 : (2018) 5 SCC 370 : 2018 (2) SCC (Cri) 728 : 2018 (3) Supreme 767 M.A. No. 617 of 2018 10-04-2018

Constitution of India - Article 243Q - Interpretation of - Constitution of Municipalities. Champa Lal v. State of Rajasthan, AIR 2018 SC 2352 : 2018 (2) RCR (Civil) 906 : 2018 (7) Scale 96 C.A. No. 4554 of 2018 26-04-2018

Constitution of India, 1950 - No mandamus can issue to direct a body or authority which is vested with a rule making power to make rules or to make them in a particular manner. The Supreme Court has been authorised under Article 145 to frame rules of procedure. A mandamus of the nature sought cannot be issued. Similarly, the petitioner is not entitled to seek a direction that Benches of this Court should be constituted in a particular manner or, as he seeks, that there should be separate divisions of this Court. The former lies exclusively in the domain of the prerogative powers of the Chief Justice. Asok Pande v. Supreme Court of India, JT 2018 (4) SC 154 : 2018 (4) MLJ 480 : 2018 (5) Scale 481 : (2018) 5 SCC 341 : 2018 (2) UPLBEC 1188W.P. (C) No. 147 of 2018 11-04-2018

Contempt Petition - Violation of the interim arrangement made by the court - The direction to maintain status quo was only till framing of guidelines. Once the guidelines are framed, the life of the interim order to maintain status quo also expires and thereafter, the field is to be governed by the new guidelines framed. If the respondents are, in any way, aggrieved by the guidelines, it is for them to pursue appropriate remedy but not proceedings for contempt. In contempt jurisdiction, the Court cannot expand the scope of the Judgment which is alleged to have been violated. The Court's jurisdiction in contempt proceedings is to see whether there is willful disobedience of any direction or a contumacious attempt otherwise to circumvent the Judgment. Sans that the rest should be left to the aggrieved party to pursue the matters in other appropriate proceedings. K.K. Gupta v. Himachal Pradesh Petroleum Dealers Association, 2018 (6) Scale 168 C.,A. No. 3731 of 2018 11-04-2018

Contract Act, 1872 - S.19 - Voidability of agreements without free consent. M.P. Power Generation Co. Ltd. v. Ansaldo Energia Spa, 2018 (2) JLJ 543 : JT 2018 (4) SC 371 : 2018 (5) Scale 731 C.A. No. 3804 of 2018 16-04-2018

Contract Law - Parties are free to decide their own terms and conditions in case of a contract. Union of India v. Varindera Constructions, AIR 2018 SC 2961 : 2018 (4) ALT 13 : 2018 (6) Scale 359 : (2018) 7 SCC 794 C.A. No. 3994 of 2018 19-04-2018

Contract Law - Specific Relief - Performance of Contract - Time of Performance - Termination of Contract - Compensation for Delayed Performance. M.P. Power Management Co. Ltd. v. Renew Clean Energy (P) Ltd., AIR 2018 SC 3632 : 2018 (3) ALT 61 : 2018 (2) CGLJ 261 : JT 2018 (4) SC 618 : 2018 (5) Scale 357 : (2018) 6 SCC 157 C.A. No. 3600 of 2018 05-04-2018

Cooperative Societies Act, 1969 (Kerala) - Whether, in view of the statutory period prescribed under Section 69(3), the High Court could have extended the period. Reji Thomas v. State of Kerala, AIR 2018 SC 2236 : 2018 AIR (SCW) 2236 : 2018 (2) KLT 817 : 2018 (7) Scale 101 C.A. No. 4001 of 2018 19-04-2018

Court Martial - Naval officer with Indian Navy - Sexually explicit calls were received by the wives of the three officers. Union of India v. Cdr. Ravindra V. Desai, AIR 2018 SC 2754 : 2018 CriLJ 3663 : JT 2018 (4) SC 354 : 2018 (6) Scale 184Crl.A. No. 579 of 2016 18-04-2018

Criminal P.C. 1973 - S. 482 - Quashment of FIR - Abetment of Suicide - allegations that due to continuous humiliation and suffering inflicted upon by the wife and her family members, the Husband committed suicide - High Court erred in quashing the FIR. Munshiram v. State of Rajasthan, AIR 2018 SC 1923 : 2018 (103) AllCC 608 : 2018 (1) ALD (Cri) 896 : 2018 (2) Bom.C.R. (Cri.) 765 : 2018 (2) CGLJ 284 : 2018 CriLJ 2412 : 2018 (2) Crimes 58 : 2018 (2) DMC 803 : 2018 (2) JCC 837 : 2018 (2) MLJ (Cri) 562 : 2018 (2) MPWN 49 : 2018 (2) RCR (Civil) 917 : (2018) 5 SCC 678 : 2018 (2) SCC (Cri) 838 bit.ly/CrlA515of2018 09-04-2018

Criminal P.C. 1973 - Ss. 482, 216, 173, 200 & 202 - Offence of attacking petitioner by advocates, in courtroom in the presence of presiding officer. Osama Aziz v. State of Uttar Pradesh, 2018 All.M.R. (Cri.) 2681 : 2018 (3) Bom.C.R. (Cri.) 115 : 2018 (2) Crimes 392 : 2018 (2) RCR (Criminal) 928 : (2018) 5 SCC 415 : 2018 (2) SCC (Cri) 764 Crl.A. No. 648 of 2018 27-04-2018

Criminal P.C.1973 - S. 199 - Defamation against Chief Minister - Statements may be defamatory but then in the absence of a nexus between the defamatory statements and the discharge of public duties of the office, the remedy under Section 199(2) and 199(4) Cr.P.C. will not be available. K.K. Mishra v. State of Madhya Pradesh, AIR 2018 SC 2171 : 2018 (2) ALT (Cri) 117 : 2018 (2) Bom.C.R.(Cri.) 571 : 2018 CriLJ 2925 : 2018 (2) JLJ 151 : 2018 (2) RCR (Criminal) 831 : 2018 (5) Scale 607 : (2018) 6 SCC 676 : 2018 (4) Supreme 215 bit.ly/CrlA547of2018 13-04-2018

Criminal P.C.1973 - Ss. 161, 162 & 164 - Evidence Act, 1872 - S. 27 - Penal Code, 1860 - 302, 364, 379 & 34. Navaneethakrishnan v. State By Inspector of Police, AIR 2018 SC 2027 : 2018 (1) ALD (Cri) 1020 : 2018 (2) ALT (Cri) 60 : 2018 (2) Bom.C.R. (Cri.) 583 : 2018 CriLJ 2814 : ,JT 2018 (4) SC 275 : 2018 (6) Scale 16 : 2018 (4) Supreme 652 Crl.A. No. 1134 of 2013 16-04-2018

Criminal Procedure Code, 1973 - Ss. 54A & 164 - Evidence Act, 1872 - Ss. 63, 65, 65A & 65B. Shafhi Mohammad v. State of Himachal Pradesh, 2018 (2) JCC 936 : JT 2018 (4) SC 219 : 2018 (5) Scale 384 : (2018) 5 SCC 311 : 2018 (4) Supreme 194 S.L.P. (Crl.) No. 2302 of 2017 03-04-2018

Education Law - Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006 (Kerala) - Ss. 4 (6) & 4 (7). Anitta Job v. State of Kerala, AIR 2018 SC 2254 : 2018 (6) Scale 174 : 2018 (4) Supreme 307 C.A. No. 3874 of 2018 20-04-2018

Education Law - Promotion - Eligibility Criteria - UGC (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010. Dr. Shadab Ahmed Khan v. Prof. Mujahid Beg, AIR 2018 SC 2036 : 2018 (3) ALJ 737 : 2018 (3) AWC 2786 : 2018 (6) Scale 239 : (2018) 6 SCC 385 : 2018 (4) Supreme 766 C.A. No. 4278 of 2018 23-04-2018

Electricity Act, 2003 - Statement of Objects and Reasons - State Electricity Commission - It is mandatory that there should be at least one person of law as a Member of the Commission - Directions issued. State of Gujarat v. Utility Users Welfare Association, 2018 (2) GLH 201 : 2018 (5) MLJ 460 : 2018 (5) Scale 572 : (2018) 6 SCC 21 C.A. No. 14697 of 2015 12-04-2018

Eviction - Directions to deposit Rent and Mesne profits - Delay in complying with High Court Order - Applications for extension of time and condonation of delay - Rejection without consideration of relevant facts - Not proper. Nonihal Singh v. Maya Devi, AIR 2018 SC 2016 : 2018 (5) MLJ 322 : 2018 (1) RCR (Rent) 400 : 2018 (5) Scale 494 : (2018) 6 SCC 396 : 2018 (4) Supreme 126 C.A. No. 3687 of 2018 05-04-2018

Evidence Law - A statement of the prosecution witness which is otherwise untrustworthy cannot be corroborated by another piece of unreliable evidence of another prosecution witness. Shanker v. State of Madhya Pradesh, AIR 2018 SC 2687 : 2018 (2) ALD (Cri) 201 Crl.A. No. 1785 of 2011 18-04-2018

Evidence Law - Appreciation of Evidence of Related Witness. Bhaskarrao v. State of Maharashtra, AIR 2018 SC 2222 : 2018 (2) Bom.C.R. (Cri.) 797 : 2018 (2) Crimes 404 : (2018) 6 SCC 591 Crl.A. No. 408 of 2014 26-04-2018

Forest Act, 1961 (Kerala) - Ss. 47H, 61A & 69 - Seizure of sandalwood, sandalwood oil etc. and confiscation thereon - Power of confiscation of sandalwood oil - Confiscation by Forest Officers in certain cases - Presumption that timber or forest produce belongs to Government - Whether the High Court erred in upholding the order of confiscation under Section 61-A of the Act and whether confiscation of sandalwood oil can be ordered under Section 61A or 69 of the Act - Held, The present case being related to the situation prior to the time of amendment in 2010 was made, the amended provisions do not apply. Hence, the order of confiscation of sandalwood oil is liable to be set aside. Standard Essential Oil Industries v. Forest Range Officer Kasargod, 2018 (8) FLT 521 : 2018 (2) KLT 790 : 2018 (6) Scale 364 C.A. No. 1747 of 2008 19-04-2018

Freedom Fighters' Pension. Rambhau v. State of Maharashtra, 2018 (7) Scale 570 C.A. No. 3671 of 2018 10-04-2018

Hindu Marriage Act, 1955 - Maintenance granted by Family Court under S. 24 would supersede maintenance granted under S. 125 CrPC. Sanjay Kumar Sinha v. Asha Kumari, 2018 (3) ALT 53 : JT 2018 (4) SC 140 : 2018 (3) RCR (Civil) 691 : 2018 (5) Scale 410 : (2018) 5 SCC 333 : 2018 (2) SCC (Cri) 723 C.A. No. 3658 of 2018 09-04-2018

Hindu Marriage Act, 1955 - Mere perusal of the order of the Family Court and the High Court would go to show that both the Courts failed to apply their judicial mind to the factual and legal controversy insofar as award of permanent alimony to the respondent (wife) is concerned. Both the Courts did not even mention the factual narration of the case set up by the parties on the question of award of permanent alimony and without there being any discussion, appreciation, reasoning and categorical findings on the material issues such as, financial earning capacity of husband to pay the alimony and also the financial earning capacity of wife, a direction to pay Rs.15,00,000/- by way of permanent alimony to the wife was given. In our opinion, such direction is wholly unsustainable in law. Jalendra Padhiary v. Pragati Chhotray, AIR 2018 SC 2091 : 2018 (4) ALD 130 : 2018 (3) ALT 21 : 2018 (3) Bom.C.R. 850 : JT 2018 (4) SC 287 : 2018 (6) Scale 7 2018 (4) Supreme 356C.A. No. 3876 of 2018 17-04-2018

Hindu Marriage Act, 1955 - Ss. 13 & 26 - Specific Relief Act, 1963 - S. 41 - Whether the husband is entitled to the decree of anti-suit injunction against the wife. Dinesh Singh Thakur v. Sonal Thakur, AIR 2018 SC 2094 : 2018 (129) ALR 899 : 2018 (2) DMC 488 : JT 2018 (4) SC 307 : 2018 (2) RCR (Civil) 843 : 2018 (6) Scale 1 C.A. No. 3878 of 2018 17-04-2018

Hindu Marriage Act, 1955 - Ss. 5 & 12 - Conditions for a Hindu marriage - Voidable marriages - Insofar as marriage of appellant No. 1 (who was less than 21 years of age on the date of marriage and was not of marriageable age) with T is concerned, it cannot be said that merely because appellant No. 1 was less than 21 years of age, marriage between the parties is null and void. Appellant No. 1 as well as T are Hindus. Such a marriage is not a void marriage under the Hindu Marriage Act, 1955, and as per the provisions of section 12, which can be attracted in such a case, at the most, the marriage would be a voidable marriage. Even if they were not competent to enter into wedlock (which position itself is disputed), they have right to live together even outside wedlock. Nandakumar v. State of Kerala, AIR 2018 SC 2254 : 2018 (1) ALD (Cri) 1010 : 2018 (2) Bom.C.R.(Cri.) 822 : 2018 CriLJ 3009 : 2018 (2) KLT 783 : 2018 (2) RCR (Civil) 899 : 2018 (7) Scale 462 Crl.A. No. 597 of 2018 20-04-2018

Income Tax Act, 1961 - Assessment - Security - Interest. Deputy Commissioner of Income Tax, Chennai v. T. Jayachandran, AIR 2018 SC 2785 : 2018 (6) Scale 579 : (2018) 6 SCC 189 : 2018 (4) Supreme 580 C.A. No. 4341 of 2018 24-04-2018

Income Tax Act, 1961 - Income by way of prize money from Sikkim State Lottery - Double Taxation - A taxing Statute should not be interpreted in such a manner that its effect will be to cast a burden twice over for the payment of tax on the taxpayer unless the language of the Statute is so compelling that the court has no alternative than to accept it. In a case of reasonable doubt, the construction most beneficial to the taxpayer is to be adopted - Only the Sikkim Regulations on Income-tax would be applicable in the present case. Therefore, the income cannot be brought to tax any further by applying the rates of the IT Act. Mahaveer Kumar Jain v. Commissioner of Income Tax, 2018 (6) Scale 369 : (2018) 6 SCC 527 : 2018 (4) Supreme 421 C.A. No. 4166 of 2006 19-04-2018

Income Tax Act, 1961 - S. 28 - Profits and gains of business or profession - Whether waiver of loan by the creditor is taxable as a perquisite under Section 28 (iv) of the IT Act or taxable as a remission of liability under Section 41 (1) of the IT Act. Commissioner v. Mahindra & Mahindra, AIR 2018 SC 3007 : 2018 (6) Scale 532 C.A. No. 6949 of 2004 24-04-2018

Income Tax Act, 1961 - S.143. B.L. Passi v. Commissioner of Income Tax (XI), AIR 2018 SC 2768 : 2018 (6) Scale 324 : 2018 (4) Supreme 470 C.A. No. 3892 of 2007 24-04-2018

Income Tax Act, 1961 - S.158BD. Tapan Kumar Dutta v. Commnr. of Income Tax, West Bengal, AIR 2018 SC 2875 : 2018 (6) Scale 305 C.A. No. 2014 of 2007 24-04-2018

Income Tax Act, 1961 - S.240(b) - Interest income earned out of the share application money is liable to be set off against the public issue expenses. Commissioner of Income Tax IV Ahmedabad v. Shree Rama Multi Tech. Ltd., AIR 2018 SC 2631 : 2018 (6) Scale 299 : 2018 (4) Supreme 438 C.A. No. 6391 of 2013 24-04-2018

Income Tax Act, 1961 - S.80HHC - Whether Supporting Manufacturer can be treated at par with Direct Exporter - Matter referred to Larger Bench. Commissioner of Income Tax Karnal v. Carpet India Panipat (Haryana), 2018 (360) ELT 783 : 2018 (6) Scale 487 : (2018) 6 SCC 620 : 2018 (4) Supreme 585 C.A. No. 4590 of 2018 27-04-2018

Income Tax Act, 1961 - Ss. 147 & 148 - Income Escaping Assessment - Issue of notice where income has escaped assessment - Whether the re-opening of the completed assessment is justified. Income Tax Officer Ward No. 16 (2) v. Techspan, AIR 2018 SC 2113 : 2018 (6) Scale 311 : (2018) 6 SCC 685 C.A. No. 2732 of 2007 24-04-2018

Income Tax Act, 1961 - Ss. 194 H & 201 - Deducted on any income by way of commission or brokerage - consequences of failure to deduct or pay tax - the payment in question was in the nature of "commission" paid by the Prasar Bharati Doordarshan Kendra to the advertisement agencies to secure more business for them - Once it is held that the provisions of Section 194H apply to the transactions in question, it is obligatory upon the appellant to have deducted the income tax while making payment to the advertisement agencies. The non-compliance of Section 194H by the assessee attracts the rigor of Section 201 which provides for consequences of failure to deduct or pay the tax as provided under Section 194H of the Act.. Director, Prasar Bharati v. Commissioner of Income Tax, Thiruvananthapuram, AIR 2018 SC 1649 : JT 2018 (4) SC 1 : 2018 (5) SCALE 301 : (2018) 7 SCC 800 : 2018 (3) Supreme 361 C.A. No. 3496 of 2018 03-04-2018

Income Tax Act, 1961 - Whether the amendment made by the Finance Act, 2010 in Section 40(a)(ia) of the IT Act is retrospective in nature. Commissioner of Income Tax Kolkata XII v. Calcutta Export Company, 2018 (6) Scale 597 C.A. No. 4339 of 2018 24-04-2018

Income Tax Act, 1961 - Whether the amount received on redemption of Stock Appreciation Rights (SARs) is to be treated as capital gains and not perquisite under section 17(2)(iii) of the IT Act. Add. Commissioner of Income Tax v. Bharat V. Patel, AIR 2018 SC 2681 : 2018 (6) Scale 430 : 2018 (4) Supreme 321 C.A. No. 4380 of 2018 24-04-2018

Income Tax Act, 1961 - Whether the Inland Container Depots (ICDs) under the control of the Respondent, during the relevant period, qualified for deduction under Section 80­IA(4) of the IT Act or not. Commissioner of Income Tax, Delhi-I v. Container Corporation of India, 2018 (6) Scale 538 C.A. No. 8900 of 2012 24-04-2018

Income Tax Act, 1961 - Whether the software development charges are to be excluded while working out the deduction admissible under Section 10A of the IT Act on the ground that such charges are relatable towards expenses incurred on providing technical services outside India. Commissioner of Income Tax, Central-III v. HCL Technologies, AIR 2018 SC 2865 : 2018 (6) Scale 524 C.A. No. 8489 of 2013 24-04-2018

Income Tax Act, 1961 - Deduction of lease equalisation charges from lease rental income - Permissibility of. Commissioner of Income Tax VI v. Virtual Soft Systems Ltd., AIR 2018 SC 2735 : 2018 (6) Scale 423 : (2018) 6 SCC 584 : 2018 (4) Supreme 315 C.A. No. 4358 of 2018 24-04-2018

Industrial Disputes Act, 1947 - Ss. 10, 25F & 25B- Conditions precedent to retrenchment of workmen - Definition of continuous service. Mohd. Ali v. State of Himachal Pradesh, AIR 2018 SC 2194 : 2018 (157) FLR 1001 : 2018 (2) LLJ 513 : 2018 (5) Scale 717 C.A. No. 3803 of 2018 16-04-2018

Judicial Service Rules, 2006 (Arunachal Pradesh) - R. 7 - Method of recruitment, qualification, reservation and age limit. Gauhati High Court v. Goto Ete, AIR 2018 SC 3252 : 2018 (6) Scale 244 C.A. No. 4298 of 2018 23-04-2018

Labour Law - Division Bench needs to consider the appeal(s) on merits by deciding on the correctness of the judgment of the learned Single Judge, instead of remitting the matter to the Industrial Tribunal. ONGC Purbanchal Employees Association Rep. By General Secretary Shri Sanjeeb Baruah v. Union of India Rep. By Secretary of Govt. of India, JT 2018 (4) SC 346 : 2018 (6) Scale 166 C.A. No. 3511 of 2018 03-04-2018

Labour Law - Regularization - Writ petition seeking a writ of mandamus to treat employees working in the Canteen as regular employees. Chennai Port Trust v. Chennai Port Trust Industrial Employees Canteen Workers Welfare Association, AIR 2018 SC 2272 : 2018 (157) FLR 855 : 2018 LLR 612 : 2018 (3) LLJ 252 : JT 2018 (4) SC 487 : (2018) 6 SCC 202 C.A. No.1381 of 2010 27-04-2018

Labour Law - Superannuation - Age - Privileges. Paradeep Phosphates Ltd. v. State of Orissa, AIR 2018 SC 2108 : JT 2018 (4) SC 555 : 2018 (3) LLJ 274 : 2018 (6) Scale 338 : (2018) 6 SCC 195 C.A. No. 3997 of 2018 19-04-2018

Land Acquisition Act, 1894 - S. 4 - Compensation - Enhancement of - Connected matter has been disposed of by another Bench - This appeal also stands disposed of in terms of the above appeal, however denying the statutory benefits for the entire period covered by the delay before this Court and before the High Court. Devender Singh v. State of Haryana, 2018 (8) Scale 68 C.A. No. 4238 of 2018 20-04-2018

Land Acquisition Act, 1894 - S.28A - Re-determination of the amount of compensation on the basis of the award of the Court - Whether an application under Section 28A of the Act for redetermination of the compensation can be filed within a period of 3 months from the date of judgment of the High Court or Supreme Court passed in appeal under Section 54 of the Act - Held, if the State/authorities/claimants have approached the higher Courts for reduction/enhancement of quantum of compensation, as the case may be, the Collector, under Section 28A of the Act, shall wait till a decision is finally rendered and thereafter award the compensation as per the modified verdict of higher Courts. Ramsingbhai (Ramsangbhai) Jerambhai v. State of Gujarat, AIR 2018 SC 2629 : 2018 (3) RCR (Civil) 114 : 2018 (7) Scale 455C.A. No. 4885 of 2018 24-04-2018

Land Acquisition Act, 1894 - Ss. 4, 5A & 18 - Manimegalai v. Special Tehsildar (Land Acquisition Officer) Adi Dravidar Welfare, AIR 2018 SC 2020 : 2018 ALT (Rev) 145 : 2018 (5) Scale 705 : 2018 (4) Supreme 612 C.A. No. 2294 of 2011 16-04-2018

Land Acquisition Act, 1894 - Suit for declaration of title and permanent injunction - not challenged the legality of the notifications within a reasonable time - suppressed the fact of acquisition proceedings and filed two suits one after the other - Appeal dismissed. Y.P. Sudhanva Reddy v. Chairman and Managing Director Karnataka Milk Fedaration, AIR 2018 SC 2176 : 2018 (4) ALD 76 : JT 2018 (4) SC 394 : 2018 (6) Scale 411 : (2018) 6 SCC 574 : 2018 (4) Supreme 476 C.A. No. 4412 of 2018 25-04-2018

Land Acquisition - Compensation - all the connected matters have been remitted to the High Court - Therefore remit this matter also to the High Court. Harvinder Singh v. State of Haryana Collector C.A. No. 4282 of 2018 23-04-2018

Land Acquisition - Enhancement of Compensation - Connected matters arising out of the common judgment have been remitted to the High Court. Accordingly, these appeals are disposed of remitting the matters to the High Court. Shanti Devi v. State of Haryana, 2018 (8) Scale 31 C.A. No. 3475 of 2018 02-04-2018

Land Law - Agricultural Lands (Celling on Holdings) Act, 1961 (Maharashtra). Vishwasrao Stwarao Naik v. State of Maharashtra, 2018 ALT (Rev) 117 : 2018 (6) Scale 409 : (2018) 6 SCC 580 C.A. No. 2038 of 2009 25-04-2018

Land Law - Land Grabbing (Prohibition) Act, 1982 (Andhra Pradesh) - S. 8(1). M. Durga Singh v. Yadagiri, AIR 2018 SC 2104 : JT 2018 (4) SC 326 : 2018 (6) Scale 58 : (2018) 6 SCC 209 : 2018 (4) Supreme 660 C.A. No. 5645 of 2006 18-04-2018

Land Law - Land Reforms Act, 1961 (Mysore) - Ss. 14(1), (5) & 111 - Resumption of Land from Tenant - Compromise Decree - Procedure contemplated under S. 14(5) for taking possession under S. 14(5) was not complied with - Properly explained by landlord by drawing attention to compromise decree. Raghunath Prasad Pande v. State of Karnataka, AIR 2018 SC 3455 : 2018 ALT (Rev) 119 : (2018) 5 SCC 594C.A. No. 3621 of 2018 06-04-2018

Land Law - Mumbai Metropolitan Region Development Authority Act, 1974 - Mumbai Metropolitan Region Development Authority (Disposal of Land) Regulations, 1977. S.V. Asgaonkar v. Mumbai Metropolitan Region Development Authority, AIR 2018 SC 2934 : 2018 (4) Bom.C.R. 151 : 2018 (4) MLJ 627 : 2018 (5) Scale 453 : 2018 (3) Supreme 560 C.A. No. 3488 of 2018 09-04-2018

Land Law - West Bengal Estate Acquisition Act, 1953 - S. 44 - Validity of - Necessary & Proper Parties. Ashim Ranjan Das v. Shibu Bodhak, AIR 2018 SC 1649 : 2018 (5) Scale 350 : (2018) 5 SCC 356 : 2018 (3) Supreme 503 C.A. No. 3932 of 2009 05-04-2018

Lok Prahari v. Union of India, AIR 2018 SC 2077 : 2018 (2) JLJR 429 : 2018 (2) PLJR 469 : 2018 (5) Scale 748 C.A. No. 3798 of 2018 16-04-2018

Mediation - Memorandum of Settlement - parties have arrived at a settlement - appeal is hence disposed of in terms of the Settlement. M. Kuppaswamy v. R. Vandana, 2018 (6) Scale 568 C.A. No. 3473 of 2018 02-04-2018

Medical Claims - Reimbursement of - Unfair Treatment - Procedure for Medical Reimbursement Claim (MRC) in Central Government Health Scheme (CGHS). Shiva Kant Jha v. Union of India, AIR 2018 SC 1975 : JT 2018 (4) SC 269 : 2018 (5) Scale 551 : 2018 (4) Supreme 201 W.P. (C) No. 694 of 2015 13-04-2018

Medical Council Act, 1956 - Imposing a condition of domicile for admission to MD, MS and Post-Graduate Diploma seats in State of Karnataka is invalid and unconstitutional. Dr. Kriti Lakhina v. State of Karnataka, AIR 2018 SC 1657 : JT 2018 (4) SC 59 : 2018 (3) KarLJ 353 : 2018 (5) Scale 329 : 2018 (3) Supreme 489 W.P. (C) No. 204 of 2018 04-04-2018

Medical Council Act, 1956. Tamil Nadu Medical Officers Association v. Union of India, AIR 2018 SC 2127 : 2018 (4) All.M.R. 452 : 2018 (6) Scale 289 : 2018 (4) Supreme 442 W.P. (c) No. 196 of 2018 24-04-2018

Medical Law - Post Graduate Medical Education Regulations, 2000 - Procedure for selection of candidate for Postgraduate courses - these writ petitions require consideration by a larger Bench. Tamil Nadu Medical Officers Association v. Union of India, 2018 (5) Scale 667 : 2018 (4) Supreme 234 W.P. (C) No. 196 of 2018 13-04-2018

Medical Practitioners Act, 1953 (Travancore-Cochin) - S.38 - The right to practice any profession or to carry on any occupation, trade or business is no doubt a fundamental right guaranteed under the Constitution. But that right is subject to any law relating to the professional or technical qualification necessary for practicing any profession or carrying on any occupation or trade or business. The regulatory measures on the exercise of this right both with regard to the standard of professional qualifications and professional conduct have been applied keeping in view not only the right of the medical practitioners but also the right to life and proper health care of persons who need medical care and treatment. Kerala Ayurveda Paramparya Vaidya Forum v. State of Kerala, AIR 2018 SC 1995 : 2018 (2) KLT 667 : 2018 (5) Scale 557 : (2018) 6 SCC 648 : 2018 (4) Supreme 594 C.A. No. 897 of 2009 13-04-2018

Mohammad Yusuf v. State of Haryana, AIR 2018 SC 2248 : 2018 (4) ALD 110 : 2018 (5) Scale 698 : 2018 (4) Supreme 647 C.A. No. 3807 of 2018 16-04-2018

Motor Vehicles Act, 1988 - S. 166 - Rash and Negligent Driving - Collision of car into rear end of truck resulting in death of one of the passengers in car - Plea of Contributory Negligence on part of truck driver - Rejected. Nishan Singh v. Oriental Insurance, AIR 2018 SC 2118 : 2018 (4) All.M.R. 447 : 2018 (2) JKJ 37 : 2018 (2) RCR (Civil) 891 : (2018) 6 SCC 765 C.A. No. 10145 of 2016 27-04-2018

Motor Vehicles Act, 1988 - S. 166 - Sureshchandra Bagmal Doshi v. New India Assurance, 2018 (3) ACC 107 : 2018 ACJ 1434 : AIR 2018 SC 2088 : 2018 (3) Bom.C.R. 862 : JT 2018 (4) SC 391 : 2018 (2) RCR (Civil) 841 : 2018 (5) Scale 759C.A. No. 5206 of 2016 18-04-2018

Motor Vehicles Act, 1988 - S. 166 & 168 - Income towards Future Prospects - entitled to additional compensation of 25%. Bhartiben Nayabha Ker v. Sidabha Pethabha Manke, 2018 (2) ACC 634 : 2018 ACJ 1696 : AIR 2018 SC 2728 : 2018 (3) All.M.R. 959 : 2018 (128) ALR 708 : JT 2018 (4) SC 69 : 2018 (5) Scale 345 : (2018) 5 SCC 716 : 2018 (2) SCC (Cri) 843 C.A. No. 2697 of 2018 05-04-2018

Motor Vehicles Act, 1988 - Ss. 140 & 166 - the view taken by the Tribunal was not only a possible view but also in conformity with the scale to be applied for appreciation of evidence in motor accident cases namely preponderance of probabilities. Mohar Sai v. Gayatri Devi, 2018 (2) JKJ 28 : 2018 (2) RCR (Civil) 895 C.A. No. 8411 of 2015 27-04-2018

Motor Vehicles Act, 1988 - Ss. 166 - A strict proof of an accident caused by a particular vehicle in a particular manner may not be possible - Claimants are merely required to establish their case on the touchstone of preponderance of probability. Mangla Ram v. Oriental Insurance, 2018 (2) ACC 118 : 2018 ACJ 1300 : AIR 2018 SC 1900 : 2018 (4) Bom.C.R. 79 : JT 2018 (4) SC 114 : 2018 (5) Scale 363 : (2018) 5 SCC 656 : 2018 (2) SCC (Cri) 819 bit.ly/CA2499of2018 06-04-2018

Narcotic Drugs and Psychotropic Substances Act, 1985 - S. 50 - It is Mandatory to prove Search & Recovery in the Presence of a Magistrate or a Gazetted Officer. Arif Khan @ Agha Khan v. State of Uttarakhand, AIR 2018 SC 2123 : 2018 (2) ALD (Cri) 10 : 2018 (2) Bom.C.R. (Cri.) 813 : 2018 (2) JKJ 43 : JT 2018 (4) SC 532 : 2018 (2) KLT SN 57 (C. No. 67) : 2018 (2) MPWN 193 : 2018 (2) RCR (Criminal) 931 : 2018 (6) SCALE 456 bit.ly/CrlA273of2007 27-04-2018

National Commission for Minority Educational Institutions Act, 2004 - Powers of NCMEI to issue minority status certificate - Scope of. Sisters of St. Joseph of Cluny v. State of Bengal State of West Bengal, AIR 2018 SC 2183 : JT 2018 (4) SC 331 : 2018 (2) KLT 521 : 2018 (6) Scale 63 : (2018) 6 SCC 772 : 2018 (4) Supreme 667 C.A. No. 3945 of 2018 18-04-2018

National Litigation Policy - Frivolous Litigation - Union of India shall be more responsible and finalize formulation of fresh National Litigation Policy. To say the least, this is an extremely unfortunate situation of unnecessary and avoidable burdening of this Court through frivolous litigation which calls for yet another reminder through the imposition of costs on the Union of India while dismissing this appeal. We hope that someday some sense, if not better sense, will prevail on the Union of India with regard to the formulation of a realistic and meaningful National Litigation Policy and what it calls ‘ease of doing business’, which can, if faithfully implemented benefit litigants across the country. Union of India v. Pirthwi Singh, JT 2018 (4) SC 404 : 2018 (6) Scale 395 : 2018 (4) Supreme 327C.A. No. 4415 of 2018 24-04-2018 http://bit.ly/2rl9iLa

Panchayats & Municipalities - No-confidence motion: No-confidence motion against Pramukh of Kshettra Panchayat, is valid when it is signed by more than 50% of members. Ram Pal Singh v. State of Uttar Pradesh, AIR 2018 SC 2773 : 2018 (5) ALJ 116 : 2018 (128) ALR 770 : 2018 (3) AWC 3106 : 2018 (140) RD 548 : 2018 (6) Scale 379 : (2018) 6 SCC 692 : 2018 (2) UPLBEC 1141 S.L.P. (C) No. 31990 of 2017 24-04-2018

Partition Act, 1883 - Ancestral Property - Meaning of. Mangamal @ Thulasi v. T.B. Raju, JT 2018 SC 544 : 2018 (4) KarLJ 381 : 2018 (2) KLT SN 58 (C.No.69) : 2018 (2) RCR (Civil) 944 : 2018 (6) Scale 331 C.A. No. 1933 of 2009 19-04-2018

Partition - Sketch Map - It is not possible to give effect to the partition decree without a sketch map of the suit schedule property. At the time of passing the judgment and decree, the trial court should have made the said map as a part of the decree so that the partition could have been effected as per the said sketch. No party should be allowed to suffer for the error of the court. In the circumstances, the trial court has rightly made the plan a part of the decree for effecting partition. The High Court was not justified in setting aside the said order. Subhash Chandra Sen v. Nabin Sain, 2018 (3) ALT 48 : 2018 (2) RCR (Civil) 849 : 2018 (6) Scale 376 : (2018) 6 SCC 443 : 2018 (4) Supreme 419 C.A. No. 3120 of 2009 19-04-2018

Partition - there is a small error which needs to be corrected. The addition of 1/24 share of Defendant No.1 and 1/4th share of Defendant No.2 would aggregate to 7/24 and not 5/24. Except for this correction, the judgments under appeal do not call for any interference by this Court. A. Dharmalingam v. V. Lalithambal, AIR 2018 SC 2733 : 2018 (3) ALT 46 : 2018 (6) Scale 454 : (2018) 6 SCC 65 : 2018 (4) Supreme 496 C.A. No. 5534 of 2007 27-04-2018

Penal Code, 1860 - S. 366 - Kidnapping, abducting or inducing woman to compel her marriage, etc - Ingredients of - To constitute an offence under Section 366 IPC, it is necessary for the prosecution to prove that the accused induced the complainant woman or compelled by force to go from any place, that such inducement was by deceitful means, that such abduction took place with the intent that the complainant may be seduced to illicit intercourse and/or that the accused knew it to be likely that 8 the complainant may be seduced to illicit intercourse as a result of her abduction. Mere abduction does not bring an accused under the ambit of this penal section. So far as charge under Section 366 IPC is concerned, mere finding that a woman was abducted is not enough, it must further be proved that the accused abducted the woman with the intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person or in order that she may be forced or seduced to illicit intercourse or knowing it to be likely that she will be forced or seduced to illicit intercourse. Unless the prosecution proves that the abduction is for the purposes mentioned in Section 366 IPC, the Court cannot hold the accused guilty and punish him under Section 366 IPC. Kavita Chandrakant Lakhani v. State of Maharashtra, AIR 2018 SC 2099 : 2018 (2) ALD (Crl.) 4 : 2018 All.M.R. (Crl.) 2287 : 2018 (3) Bom.C.R. (Crl.) 218 : 2018 (2) JKJ 60 : JT 2018 (4) SC 478 : 2018 (6) Scale 416 : (2018) 6 SCC 664 Crl.A. No. 459 of 2016 24-04-2018

Penal Code, 1860 - Ss. 149, 201 & 302 - Railway Property (Unlawful Possession) Act, 1966 - S. 3. Kameshwar Singh v. State of Bihar, AIR 2018 SC 1916 : 2018 (103) AllCC 602 : 2018 (2) Crimes 53 : 2018 CriLJ 2533 : 2018 (2) JCC 859 : JT 2018 (4) SC 227 : 2018 (5) Scale 412 : (2018) 6 SCC 433 : 2018 (3) Supreme 550 Crl.A. No. 903 of 2012 09-04-2018

Penal Code, 1860 - Ss. 307, 323, 324 & 504 - Whether the High Court was justified in reversing the order of acquittal passed by the Sessions Court and convicting the accused. Naresh v. State of Uttarakhand, AIR 2018 SC 2332 : 2018 (3) Bom.C.R. (Cri.) 78 : 2018 (2) JKJ 124 : JT 2018 (4) SC 399 : 2018 (6) Scale 402 : (2018) 6 SCC 404 Crl.A. No. 394 of 2018 25-04-2018

Perjury - Prosecution should be ordered when it is considered expedient in the interest of justice to punish the delinquent and there must be prima faciecase of deliberate falsehood on the matter of substance and the Court should be satisfied that there is reasonable foundation for the charge. Prof. Chintamani Malviya v. High Court of Madhya Pradesh, AIR 2018 SC 2656 : 2018 (3) Bom.C.R.(Cri.) 140 : 2018 (2) Crimes 397 : JT 2018 (4) SC 483 : 2018 (6) SCALE 437 : (2018) 6 SCC 151 Crl.A. No. 649 of 2018 27-04-2018

Prevention of Food Adulteration Act, 1954 - Ss. 7 & 13 - Criminal P.C. 1973 - S. 378. Delhi Administration v. Vidya Gupta, AIR 2018 SC 2136 : 2018 (3) Bom.C.R. (Cri.) 204 : 2018 CriLJ 2593 : 2018 (2) Crimes 436 : 2018 (249) DLT 229 : JT 2018 (4) SC 492 : 2018 (2) MPWN 170 : 2018 (2) RCR (Criminal) 888 : 2018 (6) Scale 317 Crl.A. No. 625 of 2018 24-04-2018

Public Interest Litigation (PIL) - Maintainability - CBI investigation - Oil Adulteration by mafias - Transfer of cash subsidy to intended beneficiaries of kerosene oil - Aadhaar card or through PDS or other credible mechanism - Petitioner was given liberty to approach oil companies. Seema Upadhyay v. Union of India Ministry of Petroleum and Natural Gas, AIR 2018 SC 2855 : JT 2018 (4) SC 52 : 2018 (5) Scale 338 : (2018) 5 SCC 325 : 2018 (3) Supreme 498 W.P. (C) No. 675 of 2013 05-04-2018

Registration Act, 1908 - S. 22A - Validity of - Merely because a provisional registration has been permitted, the parties shall not claim any additional equity. Siri Nivasam Mutual Aided House Building Society v. State of Andhra Pradesh, 2018 (3) ALT 42 : 2018 (7) Scale 469 C.A. No. 4019 of 2018 19-04-2018

Rent Control and Eviction - Tenancy - Joint Tenant - Legal Hiers - An eviction petition against one of the joint tenant is sufficient against all the joint tenants and all joint tenants are bound by the order of the Rent Controller as joint tenancy is one tenancy and is not a tenancy split into different legal heirs. Suresh Kumar Kohli v. Rakesh Jain, AIR 2018 SC 2708 : 2018 (4) ALD 136 : 2018 (3) ALT 28 : 2018 (1) RCR (Rent) 461 : 2018 (6) Scale 344 : (2018) 6 SCC 708 : 2018 (4) Supreme 747 C.A. No. 3996 of 2018 19-04-2018

Rent Control and Eviction - Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Uttar Pradesh) - the tenant, having rightly suffered a decree for eviction on the ground contained under Section 20(2)(a), is not entitled to take the benefit of sub-section(4) of Section 20 because his case falls under the proviso to sub-section(4) by virtue of the fact that his son, who is member of family being a male lineal descendants as specified under Section 3(g)(ii) of the Act, has built his residential house in the same city and he is in its possession. The tenant can, therefore, shift in the said house once he is asked to vacate pursuant to eviction decree passed against him. Sudama Devi v. Vijay Nath Gupta, AIR 2018 SC 2282 : 2018 (4) ALJ 367 : 2018 (129) ALR 409 : 2018 (2) DMC 35 : JT 2018 (4) SC 300 : 2018 (2) RCR (Civil) 949 : 2018 (1) RCR (Rent) 472 : 2018 (6) Scale 10 : (2018) 6 SCC 759 C.A. No. 5903 of 2012 17-04-2018

Rent Law - parties are directed to strictly abide by the terms of the Settlement. Rajesh Chugh v. Batuk Prasad Jaitly, 2018 (7) Scale 468 C.A. No. 4419 of 2018 25-04-2018

Res Judicata - Principle of - Exceptions - Explained. Canara Bank v. N.G. Subbaraya Setty, 2018 (129) ALR 488 : 2018 (4) Bom.C.R. 1 : 2018 (2) JLJ 475 : JT 2018 (6) SC 1 : 2018 (2) RCR (Civil) 962 : 2018 (6) Scale 213 : 2018 (74) PTC 336 C.A. No. 4233 of 2018 20-04-2018

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - S. 15. Shiv Singh v. State of Himachal Pradesh, AIR 2018 SC 2159 : 2018 ALT (Rev) 116 : 2018 (2) MPWN 123 : 2018 (2) RCR (Civil) 840 : 2018 (6) Scale 407 : 2018 (4) Supreme 480 C.A. No. 4414 of 2018 25-04-2018

Service Law - Appointment - Judicial Review - Validity of Appointment - It is advisable to leave the award of marks, weightage to be given etc. to the authorities who are dealing with the issue. Thahira P. v. Administrator, UT of Lakshdweep, AIR 2018 SC 1973 : 2018 (6) Scale 25 : (2018) 6 SCC 446 : 2018 (4) Supreme 254S.L.P. (C) No. 33281 of 2016 17-04-2018

Service Law - Appointment of Drivers in the Subordinate Courts in the State of Gujarat - there are vacancies available and the appellants can be suitably adjusted, in case this Court orders so. Rabari Prabhatbhai Gugubhai v. State of Gujarat, 2018 (8) Scale 65 C.A. No. 18020 of 2017 19-04-2018

Service Law - Banking Service - Voluntary Retirement Scheme - Application once made was irrevocable. State Bank of Patiala v. Kanwal Nain Singh, 2018 (157) FLR 860 : 2018 (4) MLJ 254 C.A. No. 2469 of 2010 03-04-2018

Service Law - Compassionate Appointment - Eligibility - Availability of the Vacancies - direction to the Electricity Board to complete the formalities and pass formal orders. Chandrabosh Tripathi v. Madhya Pradesh Electricity Board, 2018 (8) Scale 31 C.A. No. 3477 of 2018 02-04-2018

Service Law - Compassionate Appointment - Long pending disputes between two 'wives' of deceased J - A suggestion was put as to whether one party would be satisfied with compassionate appointment and leave the rest of the benefits and property to the other party - parties have agreed to the suggestion. Lakshmi @ Lakshmamma v. Chanmundamma, 2018 (5) Scale 693 C.A. No. 3479 of 2018 02-04-2018

Service Law - Courts cannot sit as an appellate authority or an umpire to examine the recommendations of the Selection Committee like a Court of Appeal. Union Public Service Commission v. M. Sathiya Priya, AIR 2018 SC 2790 : 2018 (5) MLJ 93 : 2018 (5) Scale 668 : 2018 (2) UPLBEC 1172 C.A. No. 10854 of 2014 13-04-2018

Service Law - Field Supervisor - Whether equivalent to post of Teacher. Orissa University of Agriculture & Technology v. Upendra Nath Patra, AIR 2018 SC 2291 : 2018 (4) All.M.R. 956 : 2018 (6) Scale 262 : (2018) 5 SCC 693 C.A. No. 4275 of 2018 23-04-2018

Service Law - Fixation of Pay - Career Advancement Scheme, 1990 (CAS) - Modified Career Advancement Scheme, 2001 (MCAS) - At the time of merger of the two directorates, it is the case of the State that the employees were given the benefit of merger by granting higher pay-scales and hence they were denied the benefit of CAS and MCAS - Held, the employees of the organisation shall be granted the benefit of CAS/MCAS, as were granted to other government employees under the said Schemes. The amounts already paid to the employees under the Scheme of Merger shall be adjusted while settling the monetary claims under CAS/MCAS. State of West Bengal v. West Bengal Dairymens Association, 2018 (7) Scale 467 C.A. No. 6221 of 2013 24-04-2018

Service Law - Promotion - Post of Assistant Professor (Ophthalmology) - Whether the service rendered by Respondent No.2 as Lecturer before she acquired a Post-Graduate Degree can be counted as qualifying service for promotion as Assistant Professor - Held, three years experience as Lecturer for promotion to the post of Assistant Professor need not be after completion of the Post-Graduate Degree. Dr. M. Dakshayani v. State of Karnataka, 2018 (6) Scale 150 : 2018 (4) Supreme 433 C.A. No. 4236 of 2018 20-04-2018

Service Law - Recruitment Process - Illegalities - If the selection is found to be tainted in any manner, it is always open to the concerned authority to annul such selection to maintain purity of the selection process. It may not always be necessary to segregate tainted and untainted candidates when the process itself is tainted. Moreover, at pre-appointment stage, decision to cancel the selection process can be interfered only if it is patently arbitrary, malafide or illegal. Avinash C. v. State of Karnataka Chief Secretary, AIR 2018 SC 2454 : 2018 (2) CGLJ 361 : JT 2018 (4) SC 80 : 2018 (3) KarLJ 222 : 2018 (5) Scale 347 : (2018) 6 SCC 614 : 2018 (4) Supreme 131 C.A. No. 3543 of 2018 04-04-2018

Service Law - Recruitment Process - Re-verification of the answer scripts of all the candidates who participated in the selection conducted by the MPSC for Manipur Civil Services. Tongbram Bimolchand Singh v. Yumlembam Surjit Singh, JT 2018 (4) SC 305 : 2018 (6) Scale 585 : (2018) 6 SCC 564 C.A. No. 3752 of 2018 12-04-2018

Service Law - Selection to the post of Police Constables from the candidates who are alleged to have used whitener / blade / eraser etc. Ashish Kumar Yadav v. State of Uttar Pradesh, 2018 (2) UPLBEC 1160 C.A. No. 3508 of 2018 03-04-2018

Service Law - Service under the Management - Can be terminated from service only after a show cause notice is issued and his explanation is considered. Lakshmi Narain Dubey v. State of Uttar Pradesh, 2018 (158) FLR 585 C.A. No. 3474 of 2018 02-04-2018

Service Law - the decision of the Government to scrap the process of recruitment to the Indian Police Service (IPS) through the Limited Competitive Examination (LCE) cannot be termed to be arbitrary, discriminatory or capricious. Lt. Cdr. M. Ramesh v. Union of India Ministry of Defence, AIR 2018 SC 1965 : 2018 (3) AWC 3099 : JT 2018 (4) SC 290 : 2018 (6) Scale 29 : 2018 (4) Supreme 365 T.C. (C) No. 11 of 2017 17-04-2018

Settlement - Parties have been in litigation for two decades - case relates to a dispute on reconveyance of property which was agreed to be resold to the appellant. Though several attempts have been made through several persons, the parties were not able to reach a final settlement - the parties have finally settled amicably their disputes in terms of the Settlement Agreement. R. Srinivasan v. V. Chandrasekaran, 2018 (8) Scale 70 C.A. No. 3993 of 2018 19-04-2018

Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976- Ss. 12(4) & 7. Amina Bi Kaskar v. Union of India, 2018 (2) RCR (Civil) 847 : 2018 (6) Scale 170 : 2018 (4) Supreme 382 C.A. No. 4252 of 2018 20-04-2018

Special Leave Petition - The appeals and the special leave petition are allowed to be withdrawn without prejudice to any contention to be raised before the trial court in accordance with law. Naveen Kaushik v. Central Bureau of Investigation, 2018 (8) Scale 66 Crl.A. No. 1393 of 2013 26-04-2018

Specific Relief Act, 1963 - S. 20. Shivaji Yallappa Patil v. Ranajeet Appasaheb Patil, AIR 2018 SC 1961 : 2018 (3) ALD 203 : 2018 (129) ALR 905 : 2018 (2) RCR (Civil) 801 : 2018 (5) Scale 711 C.A. No. 5012 of 2008 16-04-2018

Tamil Nadu Electricity Distribution Code, 2004 . D. Saravanan v. Superintending Engineer Tangedco Tneb Distribution Circle, AIR 2018 SC 2200 : JT 2018 (4) SC 347 : 2018 (5) MLJ 450 : 2018 (5) Scale 533 : (2018) 6 SCC 352 : 2018 (4) Supreme 520 C.A. No. 3763 of 2018 12-04-2018

Transfer of Property Act, 1882 - Conditions imposed in contract for sale are not binding if not contained in the sale deed. Andhra Pradesh Industrial Infrastructure Corporation Ltd. v. SN. Raj Kumar, AIR 2018 SC 1981 ; JT 2018 (4) SC 204 : 2018 (5) MLJ 214 : 2018 (2) RCR (Civil) 788 : 2018 (5) Scale 461 : (2018) 6 SCC 410 : 2018 (4) Supreme 116 C.A. No. 3020 of 2018 10-04-2018

Transfer of Property Act, 1882 - S. 106 - Great Eastern Hotel (Acquisition of Undertaking) Act, 1980 - Ss. 3 (2) & 5 (1) - Great Eastern Hotel (Taking Over of Management) Act, 1975 - S. 2 (d). Apollo Zipper India Limited v. W. Newman and Co., AIR 2018 SC 2847 : 2018 (129) ALR 891 : 2018 (1) RCR (Rent) 512 : 2018 (6) Scale 203 : (2018) 6 SCC 744 C.A. No. 4249 of 2018 20-04-2018

Transfer of Property Act, 1882 - S. 111 - Zamindari Abolition and Land Reforms Act, 1950 (Uttar Pradesh). Gaurav Aseem Avtej v. U.P. State Sugar Corporation, 2018 ALT (Rev) 127 : 2018 (6) Scale 157 : (2018) 6 SCC 518 : 2018 (4) Supreme 427C.A. No. 6919 of 2009 20-04-2018

Trial Court Record - Courts may send photocopy/scanned copy of the record and retain the original. Asian Resurfacing of Road Agency v. Central Bureau of Investigation, 2018 (2) KLT 782 : 2018 (7) Scale 256 http://bit.ly/CrlA1376of2013 25-04-2018