Evidence Law - Confessional Statement of a Co-accused cannot
by itself be taken as a Substantive Piece of Evidence against another Co-accused.
Surinder Kumar Khanna v. Intelligence Officer Directorate of Revenue Intelligence,
2018 (3) JKJ 39 : 2018 (3) KLJ 808 : 2018 (3) KLT 1027 bit.ly/CrlA949of2018 31-07-2018
Constitution
of India - Art.136 - Merely
because two Courts have taken a particular view on the material issues, that by
itself would not operate as a fetter on Apex Court to exercise jurisdiction under
Art.136 - What really matters is whether the finding is manifestly an unreasonable,
and unjust one in the context of evidence on record. Lakshmi Sreenivasa Coop.
Bldg. Soty. Ltd. v. Puvvada Rama Rao (d) By Lrs., AIR 2018 SC 3580 : 2018 (5) ALD
150 : 2018 (9) Scale 317 C.A.
No. 6620 of 2008 31-07-2018
Motor Vehicles
Act, 1988 - Monthly Income
of the Deceased - Neither the driving licence nor the training certificate could
per se be made the basis to assume or infer that the deceased was gainfully employed
at the relevant time. Rani v. National Insurance Company, 2018 (9) Scale 310
: (2018) 8 SCC 492 C.A.
No. 9078-9079 of 2017 31-07-2018
CBI Investigation - Power of Court. Union of India v. Sunil
Tripathi, AIR 2018 SC 3570 : 2018 (9) Scale 305 : (2018) 8 SCC 463 C.A.
No. 5987 of 2018 31-07-2018
Negotiable
Instruments Act, 1881 - Ss.
138 & 139 - Two cheques were issued towards the discharge of an existing liability
and legally enforceable debt - Respondent having admitted that the cheques and Pronote
were signed by him, the presumption under S.139 would operate - Respondent failed
to rebut the presumption by adducing any cogent or credible evidence. Hence, his
defence is rejected. T.P. Murugan (dead) Thr. Lrs. v. Bojan, 2018 (3) JKJ 67
Crl.A.
No. 950 of 2018 31-07-2018
Rent Control
& Eviction - Landlords
have many other shops - Therefore, it was directed by the Court to ascertain whether
the appellant can be accommodated in one of the available shops at least in the
new complex, which is under construction - parties have reached a settlement. Dhamendra
Kumar Sharma v. Somendra Babu, C.A.
No. 7396 of 2018 31-07-2018
Land Law - Allotment of Land in the Special Economic
Zone (SEZ) - Government has taken a decision to take back the lands - Therefore,
these appeals are disposed of in terms of the Government Order - Court directs the
Industrial Development Corporation (IDC) to make the refund expeditiously. K.
Raheja Corporation Pvt. Ltd. v. Franky Monteiro C.A.
No. 9339 of 2013 31-07-2018
Security of
the Land - Release of the
amounts on offering the land as a security - Allowed. Adarsh Cooperative Housing
Society Ltd. v. Central Bureau of Investigation, 2018 (9) Scale 633 Crl.A.
No. 952 of 2018 31-07-2018
Settlement - Plaintiff is directed to pay the amount
in three bi-monthly installments - Submition that the underground water pipeline
presently going through the respondents’ property can be shifted to the plaintiff
property - Court directs both the parties to extend their cooperation for facilitating
the process of shifting. Anil Tripathy v. Sarat Kumar Panda C.A.
7397 of 2018 31-07-2018
Service Law - Promotion in 2151 posts in the cadre of
Upper Division Clerk (UDC) - If, as a matter of fact, any person has been appointed
to the cadre of Assistant without the required qualification/experience, as mandated
under the Rules at the relevant time, and in case the appellants have a case that
they were available as eligible, as per Rules, for such promotion, it is a matter
to be examined - t he Competent Authority shall examine such instances and take
appropriate remedial steps to ensure that the promotions are done only as per Rules.
Pankaj Kr. Mishra v. Union of India, 2018 (10) Scale 214 C.A.
No. 7407 of 2018 31-07-2018
Constitution
of India - Art. 226 - Whether
the Division Bench in an intra court appeal could have remitted a writ petition
in the matter of moulding the relief . It is the exercise of jurisdiction of the
High Court under Article 226 of the Constitution of India. The learned Single Judge
as well as the Division Bench exercised the same jurisdiction. Only to avoid inconvenience
to the litigants, another tier of screening by the Division Bench is provided in
terms of the power of the High Court but that does not mean that the Single Judge
is subordinate to the Division Bench. Being a writ proceeding, the Division Bench
was called upon, in the intra court appeal, primarily and mostly to consider the
correctness or otherwise of the view taken by the learned Single Judge. Hence, the
Division Bench needs to consider the appeal(s) on merits by deciding on the correctness
of the judgment of the learned Single Judge, instead or remitting the matter to
the learned Single Judge. Roma Sonkar v. Madhya Pradesh State Public Service
Commission, 2018 (10) Scale 222 C.A.
No. 7400 of 2018 31-07-2018
Tax Law - What is the interpretative rule to be applied
while interpreting a tax exemption provision / notification when there is an ambiguity
as to its applicability with reference to the entitlement of the assessee or the
rate of tax to be applied? Commissioner of Customs (Import), Mumbai v. Dilip
Kumar and Company, AIR 2018 SC 3606 : 2018 (9) Scale 251 : (2018) 9 SCC 1 C.A.
No. 3327 of 2007 30-07-2018
Copyright
Act, 1957 - Infringement of
Copyright - Software - Comparison of software by a foreign expert. Diyora and
Bhanderi Corporation through its partner v. Sarine Technologies Ltd., 2018 (9) Scale
423 : (2018) 8 SCC 804 C.A.
No. 7304 of 2018 30-07-2018
Haj Policy - Private Tour Operators (PTO) - Rejection
of claim for registration of PTO for Haj 2018. Ruby Tour Services Pvt. Ltd. v.
Union of India, AIR 2018 SC 3543 : 2018 (9) Scale 278 : (2018) 9 SCC 537 W.P.(C)
No. 638 of 2018 30-07-2018
Land Acquisition
Act, 1894 - S.18 - dismissed
for non payment of requisite court fee - Attempt for restoration - Subject to the
appellant paying the required court fee, within one month from today, the application
for reference will stand restored - In the event of Reference Court granting any
enhancement, the appellant shall not be entitled to any statutory benefits for the
entire period i.e from the date of dismissal of the reference to this date. Dhanraj
v. State of Maharashtra, 2018 (9) Scale 634 C.A.
No. 7311 of 2018 30-07-2018
Penal Code, 1860 - S.304 (Part I) - not having intention to commit murder - act was to cause bodily injury which was likely to cause death - he would be responsible for commission of culpable homicide not amounting to murder punishable. State of Madhya Pradesh v. Gangabishan @ Vishnu, 2018 (9) Scale 224 Crl.A. No. 2393 of 2009 27-07-2018
Mediation - Appeal is disposed of in terms of the Memorandum
of Settlement. K. Ramalingam v. Anjalai, 2018 (9) Scale 490 C.A.
No. 7280 of 2018 27-07-2018
Judiciary - Courts need to pass reasoned order in every
case which must contain the narration of the bare facts of the case of the parties
to the lis, the issues arising in the case, the submissions urged by the parties,
the legal principles applicable to the issues involved and the reasons in support
of the findings on all the issues arising in the case and urged by the learned counsel
for the parties in support of its conclusion. Central Board of Trustees v. Indore
Composite Pvt. Ltd. AIR 2018 SC 3682 : 2018 (3) LLJ 513 : 2018 (9) Scale 199 : (2018)
8 SCC 443 C.A.
No. 7240 of 2018 26-07-2018
Trade Marks
Act, 1999 - proprietor of
a trade mark cannot enjoy monopoly over the entire class of goods and, particularly,
when he is not using the said trade mark in respect of certain goods falling under
the same class. Nandhini Deluxe v. Karnataka Co-Operative Milk Producers Federation
Ltd., AIR 2018 SC 3516 : 2018 (9) Scale 202 C.A.
No. 2937 of 2018 26-07-2018
Service Law - 31 vacancies in the post of Superintendent
Grade-I (Probation Officer Grade-I) - petitioner is appointed against one of the
available vacancies since, as a matter of fact he stood selected pursuant to Notification
dated 18.01.2012 and only because of non-availability of vacancies his case could
not be considered. Anwar Husena Bammanali v. Uma Mahadevan, 2018 (10) Scale 219
Cont.P.
(C) No. 834 of 2018 26-07-2018
Land Acquisition
Act, 1894 - How the Court
should determine the valuation of the lands under acquisition and what broad principle
of law relating to acquisition of land under the Act should be kept inconsideration
to determine the proper market value of the acquired land - Discussed. Union
of India v. Dyagala Devamma, AIR 2018 SC 3511 : 2018 (5) ALD 69 : 2018 (9) Scale
193 : (2018) 8 SCC 485 bit.ly/CA6986of2018
25-07-2018
Family Law - Divorce - Cruelty & Desertion - Parties
have been living separately for last more than a decade - Mediation failed - Husband
is directed to pay Rs. 10,00,000/- towards permanent alimony and maintenance to
the wife and daughter, in two installments - Dissolution of marriage shall be subject
to fulfillment of the aforesaid conditions. Manju Kumari Singh @ Manju Singh
v. Avinash Kumar Singh, AIR 2018 SC 3629 : 2018 (5) ALD 136 : JT 2018 (7) SC 180
: 2018 (9) Scale 189 C.A.
No. 6988 of 2018 25-07-2018
Res Judicata - wife of the appellant had already filed
a suit claiming inheritance and lost - Thereafter, the appellant filed the suit
claiming adverse possession - Though this was a case where exemplary costs should
have been awarded, having protracted a frivolous litigation for around four decades,
in view of the persuasive arguments made by the learned counsel for appellants,
we reluctantly refrain from doing so. Khajan Singh (D) Thr. Lrs. v. Bankey (Dead)
by Lrs. M.A.
No. 1529 of 2018 25-07-2018
Electricity
Act, 2003 - Ss. 61 & 62
- Damodar Valley Corporation Act, 1948 - S. 20 - Objects & Reasons for its incorporation
- Discussed. Bhaskar Shrachi Alloys v. Damodar Valley Corporation, AIR 2018 SC
3731 : JT 2018 (7) SC 147 : 2018 (9) Scale 106 : (2018) 8 SCC 281 C.A.
No. 971 of 2008 23-07-2018
Protection
of Women from Domestic Violence Act, 2005 - Ss. 12 & 29 - Criminal Procedure Code, 1973 - S. 482
- interim maintenance @ Rs.2,50,000/- per month - documents placed on record by
both the sides - the veracity and evidential value of such material can be finally
adjudged, more particularly, when the said material and assertions of the parties
would be tested with their crossexamination - trial court had arrived at a figure
of maintenance on the basis of affidavits filed by both the parties along with their
respective documents - this obviously happened as the proceedings under the DV Act
are of summary nature - the appropriate course of action would be to allow the petitioner
to file an application for maintenance under the Hindu Adoptions and Maintenance
Act, 1956 or under Section 125 of the Code of Criminal Procedure, 1973 so that in
these proceedings, both the parties lead their documentary and oral evidence and
on the basis of such material, appropriate view is taken by the said Court. Shalu
Ojha v. Prashant Ojha, 2018 (3) JKJ 93 S.L.P.
(Crl.) No. 3935 of 2016 23-07-2018
Constitution
of India - Art. 32 - Criminal
P.C. 1973- S. 144 - Public Protests - Police can frame proper guidelines for regulating
protests, demonstrations, etc. Mazdoor Kisan Shakti Sangathan v. Union of India,
2018 (9) Scale 134 W.P.(C)
No. 1153 of 2017 23-07-2018
Arbitration
and Conciliation Act, 1996
- Clauses which is inserted in an Agreement to to prevent disputes from occurring
and to ensure smooth implementation of the Agreement, thereby making it clear that
the object was not to adjudicate disputes but to prevent them will not be an arbitration
agreement. Shyam Sunder Agarwal v. P. Narotham Rao, 2018 (9) Scale 367 : (2018)
8 SCC 230 C.A.
No. 6872 of 2018 23-07-2018
Land Acquisition - appellant seeks to withdraw the compensation
amount deposited in the Reference Court - Court permits the appellant to withdraw
50% of the amount deposited without any security. The remaining amount can be withdrawn
on furnishing appropriate security to the satisfaction of the Reference Court. Sh.
Marwadi Rajasthan Education Society, Latur v. State of Maharashtra, C.A.
No. 6870 of 2018 23-07-2018
Criminal P.C.
1973 - S. 362 - The High Court
should not have exercised the power under Section 362 Cr.P.C. for a correction on
merits. However patently erroneous the earlier order be, it can only be corrected
in the process known to law and not under Section 362 Cr.P.C. The whole purpose
of Section 362 Cr.P.C. is only to correct a clerical or arithmetical error. What
the High Court sought to do in the impugned order is not to correct a clerical or
arithmetical error; it sought to rehear the matter on merits, since, according to
the learned Judge, the earlier order was patently erroneous. That is impermissible
under law. Mohammed Zakir v. Shabana, 2018 (9) Scale 374 : 2018 (3) KLJ 816
Crl.A.
No. 926 of 2018 23-07-2018
Arbitration
Act, 1940 - Pendente Lite
Interest - Under the 1940 Act, an arbitrator has power to grant pre-reference interest
under the Interest Act, 1978 as well as pendente lite and future interest. However,
he is constricted only by the fact that an agreement between the parties may contain
an express bar to the award of pre-reference and/or pendente lite interest. Reliance
Cellulose Products Ltd. v. Oil and Natural Gas Corporation, AIR 2018 SC 3707 : 2018
(4) ArbLR 276 : 2018 (3) RCR (Civil) 861 : (2018) 9 SCC 266 C.A. No. 6639 of
2018 20-07-2018
Criminal P.C.
1973 - Ss. 245 & 482 -
Penal Code, 1860 - Ss. 498A, 323, 406, 379 & 504 - Discharge - Quashing. Nayan
Prasad v. State of Bihar, AIR 2018 SC 4031 : 2018 (9) Scale 51 Crl.A.
No. 1955 of 2009 20-07-2018
Industrial
Disputes Act, 1947 - S.33C(2)
- Overtime Wages - Labour Court dismissed the applications - High Court allowed
the writ petition and granted them the monetary relief - employers have felt aggrieved
and filed this appeal. Currency Note Press v. N.N. Sardesai, 2018 (4) LLJ 245
: 2018 (9) Scale 52 : (2018) 8 SCC 175 C.A.
No. 5152 of 2017 20-07-2018
Hindu Marriage
Act, 1955 - S.13(1) - Custody
of the minor child - the issue ought not to be decided on the basis of rights of
the parties claiming custody of the minor child but the focus should constantly
remain on whether the factum of best interest of the minor child. Kanika Goel
v. State of Delhi, 2018 (126) CLT 801 : 2018 (9) Scale 62 Crl.A.
No. 635-640 of 2018 20-07-2018
Civil P.C.
1908 - O.11 R.14 & O.7
R. 14 - Production of document on which plaintiff sues or relies. State of Assam
v. Union of India, 2018 (9) Scale 54 O.S.
No. 2 of 1988 20-07-2018
National Security
Act, 1980 - Ss. 3(4) &
8 - Power to make orders detaining certain persons - Grounds of order of detention
to be disclosed to persons affected by the order - meaning and scope of the term
“forthwith” used in Section 3(4) of the Act. Hetchin Haokip v. State of Manipur,
Crl.A.
No. 911 of 2018 20-07-2018
Securitisation
and Reconstruction of Financial Assets and Enforcement of Security Interest Act,
2002 - Agricultural Land -
The classification of land in the revenue records as agricultural is not dispositive
or conclusive of the question whether the SARFAESI Act does or does not apply. Whether
a parcel of land is agricultural must be deduced as a matter of fact from the nature
of the land, the use to which it was being put on the date of the creation of the
security interest and the purpose for which it was set apart. Indian Bank v.
K. Pappireddiyar, 2018 (5) ALD 128 : 2018 (4) ALT 60 : 2018 (3) JKJ 155 : 2018 (3)
JLJR 348 : 2018 (4) PLJR 12 C.A.
No. 6641 of 2018 20-07-2018
Motor Vehicles
Act, 1988 - S.166 - the High
Court erred in not granting the benefit of future prospects in computing the income
of the deceased. Nutan Rani v. Gurmail Singh, 2018 ACJ 2169 : 2018 (9) Scale
248 C.A.
No. 6639 of 2018 20-07-2018
University
Law - Whether the experience
required for appointment to the post of Reader should be pre-Ph.D. or post-Ph.D.;
Ph.D. being an essential qualification for the post of Reader. University of
Kerala v. Saiful Islam A., C.A.
No. 6858 of 2018 19-07-2018
Civil Law - Delay condoned - Leave granted. Sarup
Singh v. State of Haryana, 2018 (9) Scale 251 C.A.
6763 of 2018 18-07-2018
Constitution
of India - The horrendous
acts of mobocracy cannot be permitted to inundate the law of the land. Tehseen
S. Poonawalla v. Union of India, 2018 (3) RCR (Civil) 725 : 2018 (9) Scale 4 : 2018
(3) SCC (Cri) 770 bit.ly/WPC754of2016
17-07-2018
Petroleum
Dealership - High Court cannot
interfere in administrative decision of dealership termination. Indian Oil Corporation
Ltd. v. T. Natarajan, 2018 (3) JLJR 435 : 2018 (4) PLJR 24 : 2018 (9) Scale 28 :
(2018) 9 SCC 235 C.A.
No. 6748 of 2018 17-07-2018
Prevention
of Corruption Act, 1988 -
S. 20 - Interpretion of - Once the prosecution has established that the accused
was possessing the bribe money, it is for the accused to explain that how the bribe
money has been received by him and if he fails to offer any satisfactory explanation,
it will be presumed that he has accepted the bribe. State of Gujarat v. Navinbhai
Chandrakant Joshi, 2018 (2) ALD (Cri) 477 : 2018 CriLJ 3733 : 2018 (3) JLJR 341
: 2018 (2) OLR 714 : 2018 (3) PLJR 365 : 2018 (3) RCR (Criminal) 793 : 2018 (9)
Scale 34 : 2018 (3) SCC (Cri) 730 : (2018) 9 SCC 242 Crl.A.
No. 895 of 2018 17-07-2018
Mediation - Appreciation for the efforts taken by the
learned Mediator, Ms. Varuna Bhandari and for the cooperation extended by the parties
and the counsel for putting an end to the almost two decade old litigations between
the parties and in particular Mr. Jaideep Gupta, learned senior counsel for facilitating
the settlement. Kalpana Majumder v. Lakshmi Priya Shaw, 2018 (5) ArbLR 25
: 2018 (9) Scale 242 C.A. No. 6741 of 2018 17-07-2018
Family Law - Interim Maintenance - a party is not unjustly
denied of his rights on the one hand, at the same time, interest of judgment-debtor
during intra-appeal is also not unjustly denied. Udita Nabha v. Ranjeet Nabha,
2018 (4) ALT 51 : 2018 (4) RCR (Civil) 237 : 2018 (9) Scale 1 C.A. No. 6695
of 2018 16-07-2018
Education - University can’t devise its own fee structure
for Medical / Engineering Professional Degree Courses. M. Aamira Fathima v. Annamalai
University, 2018 (8) Scale 728 : (2018) 9 SCC 171 C.A.
No. 6654 of 2018 13-07-2018
Tender - Bidding Process - In the matter of tender
process, there can be no tacit or implied exemption from participating. National
Highways Authority of India v. Gwalior Jhansi Expressway Ltd., 2018 (8) Scale 738
: (2018) 8 SCC 243 C.A.
No. 3288 of 2018 13-07-2018
Service Law - Vacancy - Selection - Multipurpose Health
Assistant (Male) - it is only in the interest of justice and for doing complete
justice that the appellant be adjusted against any one of the vacancies now available
and appointed as a Multipurpose Health Assistant (Male). N. Srinivas Goud v.
State of Telangana, 2018 (9) Scale 238 C.A.
No. 6653 of 2018 13-07-2018
Trademark - There can be no right to the exclusive use
of the word “MALABAR”. Parakh Vanijya (P) Ltd. v. Baroma Agro Product, 2018 (4)
ALT 57 : 2018 (8) Scale 725 http://bit.ly/CA6642of2018
12-07-2018
Service Law - Denial of selection and appointment to the
post of Peon - appellant is a deserted woman, belongs to the Scheduled Caste category,
three children - all other appointed persons are degree holders whereas the qualification
required for the post is only 4th standard - State submits that as of now, there
is no vacancy available - this is a fit case to invoke Article 142 of the Constitution
of India, in the interest of justice and for doing complete justice - this appeal
is disposed of with a direction to the State to accommodate the appellant in any
one of the arising vacancies in Class IV in District Buldhana - there may not be
any appointment in Class IV without first accommodating the appellant. Rama Vishawanath
Dandge v. State of Maharashtra, 2018 (9) Scale 232 C.A.
No. 6624 of 2018 12-07-2018
Service Law - Moral Turpitude - termination on account
of involvement in a criminal case - offence involved was an attack on the wife of
a co-worker - during the pendency of the appeal the appellant expired - legal representatives
have been brought on record - appellant had 13 years of service - during the pendency
of the proceedings, the appellant had been granted the benefits amounting to more
than Rs. 3 Lakhs under Section 17B of the Industrial Disputes Act, 1947 - the interest
of justice would be met and complete justice would be done in case the legal representatives
of the appellant, who have been substituted, are granted a monetary compensation
to the tune of Rs. 3,00,000/- (Rupees Three Lakhs). Ajayapal Singh (D) through
Lrs. v. Associated Cement Companies Ltd., 2018 (9) Scale 238 C.A.
No. 6625 of 2018 12-07-2018
Service Law - Recruitment Process - Eligibility Criteria
- Relaxation of Norms & Conditions. Sunil Shamrao Jadhav v. Kolhapur Municipal
Corporation, 2018 (9) Scale 229 : (2018) 9 SCC 215 C.A.
No. 1714 of 2009 12-07-2018
Criminal Procedure - Application for discharge has been dismissed
- charges are yet to be framed - do not find any justification to interfere with
the impugned order. It will be open to the appellant to take all available contentions
at the appropriate stage - appeal is dismissed. Vishwambarrao Shankarrao Mane
v. State of Maharashtra, 2018 (9) Scale 240 Crl.A.
No. 1845 of 2008 12-07-2018
Service Law - Aggrieved by the promotions effected in
the year 1981 based on the trade test conducted by the Institution - Trade Test
was conducted for the purpose of promotion based on the principle of Merit-cum-Seniority
- Promotions had been always made based on the merit list prepared on the basis
of test performance - though in 1986 the principle was sought to be changed to Seniority-cum-Merit,
later the principle of Meritcum-Seniority was restored - do not find any ground
to interfere with the concurrent findings rendered by the Trial Court and the High
Court. The appeals are hence dismissed. Abdul Jabbar v. Ram Bihari Pandy, 2018
(9) Scale 233 C.A.
No. 8018 of 2013 12-07-2018
Service Law - Termination of the appellant (since deceased)
is under challenge - directs the State to verify as to whether the appellant had
been given all his dues including the subsistence allowance during the period of
suspension - in case, it is found that any amount was due to be paid to the deceased
appellant, his legal heirs shall be paid the same with interest @ 18% per annum,
within a month thereafter. M.K. Jain (dead) thr. Lrs. v. Principal Secretary,
State of Uttar Pradesh, 2018 (9) Scale 240 C.A.
No. 8872 of 2011 12-07-2018
Criminal P.C.
1973 - Second Complaint -
the complainant came to know certain facts after the disposal of the first complaint
- there is no bar to lodge second complaint. Om Prakash Singh v. State of Bihar,
2018 CriLJ 3909 : 2018 (3) PLJR 346 : 2018 (8) Scale 720 : 2018 (3) SCC (Cri) 749
Crl.A.
No. 857 of 2018 11-07-2018
Armed Forces - Pension - “basic pay” - “actually drawn”
- Computation of - Submarine pay was includible in “pay” for purposes of computing
Service Pension of appellants. N.N. Godfred v. Union of India, 2018 (8) Scale
714 C.A.
No. 10035 of 2010 11-07-2018
Limitation
Act, 1963 - S. 5 - Condonation
of Delay - Sufficient cause for filing appeal - the appellants were not made parties
to the original writ petitions and became aggrieved by the order passed by the writ
Court (Single Judge) in the writ petitions - It was a sufficient cause for condonation
of delay within the meaning of Section 5 of the Limitation Act. Hetal Chirag
Patel v. State of Gujarat, 2018 (4) ALT 63 : 2018 (9) Scale 241 C.A.
No. 6501 of 2018 11-07-2018
Gift - Oral Gift - The trial court and the High
Court have entered a clear finding that late Mariyambi could not prove the factum
of oral gift. Despite being the donee, she did not mount the box to prove the oral
gift. The Sale Deed executed by her in the year 1978 does not trace her title to
the oral gift. The Record of Rights also does not support the case of Mariyambi
on the oral gift. Therefore, we do not find any justification to disturb such findings
in the absence of any other counter evidence. The appeal is, hence, dismissed. Sheikh
Yakub (D) by Lrs. v. Sakinabi (D) by Lrs., C.A.
No. 8505 of 2009 11-07-2018
Civil Law - Possession and Continuity of Possession
- Legality of - Concurrent Findings rendered by the Appellate Court and the Revision
Court, as affirmed by the High Court - Appeal is, hence, dismissed. Ram Raj v.
Badra (Dead) through Lrs. C.A.
No. 82 of 2007 11-07-2018
Murder Trial - Relationship of Witness with the deceased
cannot be the reason for doubting the testimony of the Witness - relationship is
not a ground affecting the credibility of a witness. Motiram Padu Joshi v. State
of Maharashtra, 2018 CriLJ 3736 : 2018 (3) PLJR 349 : 2018 (8) Scale 704 : 2018
(3) SCC (Cri) 738 bit.ly/CrlA1479of2015
10-07-2018
Contempt of
Courts Act, 1971 - Criminal
Contempt - Lawyer - Sentence of simple imprisonment for six months - direction to
the Bar Council of India to take appropriate action against the appellant - It was
made clear that until the appellant purged with the contempt, he would not be entitled
to practise under the jurisdiction of the respondent-High Court, except for the
chamber practice - As per the interim Order dated 3rd December, 2007 while admitting
the appeal, the sentence of imprisonment awarded to the appellant was stayed by
this Court. Bar Council of India that they had dropped the proceedings against the
appellant on account of his serious ill-health, having met with an accident - Court
had also taken note of the 2 adverse health condition of the appellant - High Court,
submits that the appellant has not been practising in the jurisdiction of the Jharkhand
High Court - interest of justice would be met and complete justice done in case
the Interim Order dated 3 rd December, 2007 is made absolute and the appeal is disposed
of, thereby vacating that part of the impugned order on sentence of imprisonment.
Ordered accordingly. In view of above, the appeal is party allowed. K.K. Jha
"Kamal" v. Jharkhand High Court, 2018 (9) Scale 46 Crl.A.
No. 1673 of 2007 10-07-2018
Family Law - Divroce - Trial Court granted decree of
divorce on the ground of cruelty - aggrieved by the judgment of the High Court whereby
the decree of divorce granted by the Trial Court was reversed - parties have finally
settled their disputes amicably - decree of divorce on mutual consent - Since the
parties have settled all their disputes, they shall not initiate any fresh civil
or criminal proceedings against each other and their family members on account of
the matrimonial disputes and the pending litigations shall be terminated appropriately.
Bhupender Singh v. Reema, 2018 (3) RCR (Civil) 644 : 2018 (9) Scale 228 C.A.
No. 6219 of 2018 10-07-2018
Constitution
of India - Article 137 - Supreme
Court Rules, 2013 - Order XLVII Rule 1 - Nirbhaya Rape Case - Death Sentence - Review
Jurisdiction - In review petition, the petitioner had tried to raise the plea that
he was not in the bus and he has nothing to do with the incident. The factum of
he being involved in the offence having been gone into by all courts and after marshalling
the evidences, he having been convicted and sentenced, it is not open for the petitioner
in the review petition to contend that he had nothing to do with the incident. Mukesh
v. State of NCT of Delhi, 2018 (8) Scale 557 R.P.
(Crl.) No. 570 of 2017 09-07-2018
Nirbhaya Rape
Case - Review Petition - juvenile
at the time of the commission of the offence - The trial court on being fully satisfied
that petitioner is not a juvenile has rightly rejected the application for ossification
test submitted by petitioner No.1. There is no substance in this submission and
no ground is made out to review the judgment. Vinay Sharma v. State of NCT of
Delhi, 2018 (8) SCC 186 R.P.(Crl.)
No. 671 of 2017 09-07-2018
Medical Law - Circular regarding free treatment to the
weaker sections of the society - Upheld. Union of India v. Mool Chand Khairati
Ram Trust, 2018 (8) Scale 648 : (2018) 8 SCC 321 C.A.
No. 3155 of 2017 09-07-2018
Criminal P.C.
1973 - S. 482 - Penal Code,
160 - Ss. 406 r/w. 420 - amount deposited - the de facto complainant submits that
the amount may be directed to be released to him - since he is getting his money,
he has no intention to proceed with the prosecution - offences are compoundable
with permission of the court - All the coercive steps taken against the appellant,
including freezing of the account, shall stand withdrawn. Raj Sharma @ Raj Kumar
Sharma v. State of Uttar Pradesh, 2018 (3) RCR (Criminal) 792 : 2018 (9) Scale 47
Crl.A.
No. 844 of 2018 09-07-2018
Supreme Court - Chief Justice of India is the Master of
Roster. Shanti Bhushan v. Supreme Court of India through its Registrar, 2018
(8) Scale 585 : (2018) 8 SCC 396 W.P.(C)
No. 789 of 2018 06-07-2018
Interim Relief - the High Court ought to have made some interim
arrangements during the pendency of the writ petition, having regard to the disputes
involved in the matter and since the writ petition is not likely to be heard shortly.
P.V. Ramana v. State of Maharashtra, C.A.
No. 6100 of 2018 06-07-2018
Education - District Education Officer takes a fresh
decision in place of the earlier decision taken on 13.04.2018 after hearing all
the parties, since that is the genesis of the dispute arising in the present appeal.
Indian Evangelical Lutheran Church Nagercoil Synod v. S. Muthuraj, 2018 (9) Scale
45 C.A.
No. 6101 of 2018 06-07-2018
Penal Code,
1860 - Ss. 376 & 342 -
Every attempt should be made by all the courts not to disclose the identity of the
victim in terms of S.228A IPC. Lalit Yadav v. State of Chhattisgarh, 2018 (9)
Scale 44 : (2018) 7 SCC 499S.L.P.
(Crl.) No. 5631 of 2018 05-07-2018
Service - Banking Service - Appointment - Part Time
Sweeper - direction to the Bank to offer appointment to the respondent as a Full
Time Sweeper. Oriental Bank of Commerce v. Vijay Bhai Govindbhai Patni, 2018
(9) Scale 43 C.A.
No. 6074 of 2018 05-07-2018
Constitution
of India - Lieutenant Governor
need not, in a mechanical manner, refer every decision of his Ministers to the President.
He has to be guided by the concept of constitutional morality. Government of
NCT of Delhi v. Union of India, 2018 (8) Scale 72 : (2018) 8 SCC 501 C.A.
No. 2357 of 2017 04-07-2018
MBBS Course - If a case is made out the proper course
is to hear the matter finally rather than passing interim directions. Medical
Council of India v. Jaipur National University Institute for Medical Sciences and
Research Centre, 2018 (4) ALT 54 : 2018 (8) Scale 542 C.A.
No. 6000 of 2018 04-07-2018
MBBS Course - the High Court was not justified in passing
interim directions and permitting the Respondent College to go ahead with provisional
admissions for the Academic Session 2018-19. Medical Council of India v. N.C.
Medical College & Hospital, 2018 (8) Scale 535 C.A.
No. 6001 of 2018 04-07-2018
Penal Code,
1860 - S. 302 - Murder was
not a premeditated one - Not have any intention to kill - Conviction under Section
302 IPC is set aside - However, convicted under Section 304 (Part II) IPC and sentenced
to undergo imprisonment for a period of seven years. Hansaram v. State of Chhattisgarh,
2018 (4) Bom.C.R.(Cri.) 31 : 2018 (3) RCR (Criminal) 689 : 2018 (8) Scale 532
Crl.A.
No. 341 of 2018 04-07-2018
Evidence Law - Reports of the Forensic Science Laboratory
- Ballistic Experts - Samples collected from the scene of the offence had bloodstains
of human origin - However, since the bloodstains were disintegrated by the time
the bloodstains were examined by the Forensic Science Laboratory, the blood group
could not be determined. For the same, the accused cannot be unpunished, more particularly
when the bloodstains were found of human origin. Prabhu Dayal v. State of Rajasthan,
2018 CrLJ 3901 : 2018 (3) RCR (Criminal) 700 : 2018 (8) Scale 520 : (2018) 8 SCC
127 Crl.A.
No. 2324 of 2014 04-07-2018
Registration
Act, 1908 - S.17(1A), 49 -
Transfer of Property Act, 1882 - S.53A - Indian Stamp Act, 1899 - Documents of which
registration is compulsory - Effect of nonregistration of documents required to
be registered. Ameer Minhaj v. Dierdre Elizabeth (Wright) Issar, 2018 (5) ALD
1 : 2018 (36) LCD 2480 : 2018 (2) OLR 697 : 2018 (3) RCR (Civil) 468 : 2018 (8)
Scale 513 C.A.
No. 18377 of 2017 04-07-2018
Negotiable
Instruments Act, 1881 - S.138
- Conviction and Sentence - the cheque amount has already been paid and it is acknowledged
by the respondent - set aside the conviction and sentence imposed on the appellant
and allow the appeal. N.P. Murugesan v. C. Krishnamurthy, 2018 (9) Scale 43
Crl.A.
No. 818 of 2018 04-07-2018
Land Acquisition
Act, 1894 - Ss.12(2) &
18(2)(b) - Limitation for filing Reference - Notice was not accompanied by certified
copy of award - not a valid notice - Reference for enhancement was not barred by
limitation. Vijay Mahadeorao Kubade v. State of Maharashtra Through the Collector,
AIR 2018 SC 3536 : 2018 (5) ALD 131 : 2018 (36) LCD 2495 : 2018 (9) Scale 234 :
(2018) 8 SCC 266 C.A.
No. 6004 of 2018 04-07-2018
Arbitration - Arbitrator has the power to award interest
pendente lite where justified. Raveechee and Co. v. Union of India, 2018 (4)
ALT 46 : 2018 (4) CTC 330 : 2018 (3) RCR (Civil) 465 : 2018 (8) Scale 415 C.A.
No. 5964-5965 of 2018 03-07-2018
Motor Accident
Claims - There is nothing
in the law which requires the Tribunal to assess the income of the deceased only
on the basis of a salary certificate for arriving at a just and fair compensation
to be paid to the claimants for the loss of life. United India Insurance Co.
Ltd. v. Indiro Devi, 2018 ACJ 2051 : 2018 (3) RCR (Civil) 455 : 2018 (8) Scale 413
S.L.P.
(C) No. 7104 of 2016 03-07-2018
Evidence Law - The principle of ‘Falsus in uno falsus in
omnibus’ has not been accepted in our country - Even if some accused are acquitted
on the ground that the evidence of a witness is unreliable, the other accused can
still be convicted by relying on the evidence of the same witness - Minor contradictions
and omissions in the evidence of a witness are to be ignored if there is a ring
of truth in the testimony of a witness. State of Andhra Pradesh v. Pullagummi
Kasi Reddy Krishna Reddy @ Rama Krishna Reddy, 2018 (2) ALD (Cri) 346 : 2018 CriLJ
4357 : 2018 (8) Scale 399 Crl.A.
No. 2089-2090 of 2009 03-07-2018
Medical Council
Act, 1956 - S. 10(A) - Establishment
of Medical College Regulations, 1999 - Order issued by State of Punjab withdrawing
the Essentiality Certificate is quashed and set aside. Chintpurni Medical College
and Hospital v. State of Punjab, 2018 (8) Scale 469 W.P.
(C) No. 89 of 2018 03-07-2018
Panchayat
Raj Act, 1993 (Bihar) - S.
139(l)(c) - Working as an Assistant Government Pleader - Whether disqualified to
hold the post of member, Panchayat Samiti. State Election Commissioner, Bihar
Patna v. Janakdhari Prasad, 2018 (8) Scale 497 C.A.
No. 1463 of 2008 03-07-2018
Motor Vehicles
Act, 1988 - S.166 - ‘use of
motor vehicles’ - fundamental requirement is that the accident should arise out
of the use of the motor vehicle. If there is no use of the motor vehicle, the question
of vehicular accident will not arise. Kalim Khan v. Fimidabee, 2018 ACJ 2025
: 2018 (5) ALD 8 : 2018 (36) LCD 2277 : 2018 (3) RCR (Civil) 457 C.A.
No. 8785 of 2015 03-07-2018
Army Act,
1950 - S. 83 - Armed Forces
Tribunal Act, 2007 - S.31 - ‘absenting himself without leave’. Union of India
v. Col Ran Singh Dudee, 2018 (8) Scale 421 C.A.
No. 11009 of 2017 03-07-2018
Public Interest
Litigation (PIL) - Quashing
the appointment of Central Vigilance Commissioner and Vigilance Commissioner - No
grounds to quash the appointment - Writ Petitions are disposed. Common Cause
(A Regd. Society) v. Union of India, 2018 (8) Scale 433 W.P.
(C) No. 505 of 2015 02-07-2018
Penal Code,
1860 - Ss. 302 & 324 -
Insanity - Doctrine of burden of proof in the context of the plea of insanity -
Accused is entitled to the benefit of the exception under section 84 I.P.C. because
of the preponderance of his medical condition at the time of occurrence, as revealed
from the materials and evidence on record. Devidas Loka Rathod v. State of Maharashtra,
2018 All.M.R. (Cri.) 3152 : 2018 (3) JCC 1668 : 2018 (3) JKJ 30 : 2018 (3) RCR (Criminal)
784 Crl.A.
No. 814 of 2017 02-07-2018
Service Law - Central Reserve Police Force (CRPF) - Claim
of Special (Duty) Allowance. Director General CRPF v. Janardan Singh, 2018 (8)
Scale 349 : 2018 (2) SCC (L&S) 349 C.A.
No. 5850 of 2011 02-07-2018
Service Law - Inquiry - When the statutory rule does not
contemplate appointment of Presenting Officer whether non-appointment of Presenting
Officer ipso facto vitiates the inquiry? Union of India v. Ram Lakhan Sharma,
AIR 2018 SC 4860 : 2018 (3) PLJR 319, 2018 (8) Scale 387 : 2018 (2) SCC (L&S)
356 C.A.
No. 2608 of 2012 02-07-2018
Constitution
of India - Part IXA - Ss.
243P(e), 243Q, 243R, 243ZF - ”Municipality” - Constitution of Municipalities - Composition
of Municipalities - Continuance of existing laws and Municipalities - Object and
Purpose of Constitution 74th Amendment Act, 1992. New Okhla Industrial Development
Authority v. Chief Commissioner of Income Tax, 2018 (8) Scale 365 C.A.
No. 792 of 2014 02-07-2018
Public Interest
Litigation - Insurance Companies
- Payment of fee to its Empanelled Advocates - Fees Schedule framed by General Insurance
Public Sector Association (GIPSA). United India Insurance Co. Ltd., 2018 (8)
Scale 545 : (2018) 8 SCC 177 C.A.
No. 5953 of 2018 02-07-2018
Negotiable
Instruments Act, 1881 - S.138
- Criminal P.C. 1973 - Ss. 397 & 401 - Scope of - Ground for exercising the
revisional jurisdiction by the High Court. Kishan Rao v. Shankargouda, 2018 (3)
JCC 198 : 2018 (3) JKJ 22 : 2018 (2) DCR 401 : 2018 (2) OLR 733 : 2018 (3) PLJR
313 : 2018 (3) RCR (Criminal) 746 : (2018) 8 SCC 165 : 2018 (3) SCC (Cri) 544
Crl.
A. No. 803 of 2018 02-07-2018
Identification
of Prisoners Act, 1920 - Ss.
3, 4, 5 & 8 - It is not necessary for the Police officer to obtain an order
from a Magistrate for obtaining specimen of fingerprints. Sonvir @ Somvir v.
State of Delhi, 2018 CriLJ 3624 : 2018 (3) RCR (Criminal) 767 : 2018 (8) Scale 311
Crl.A.
No. 958 of 2017 02-07-2018
Transfer of
Property Act, 1882 - Ss. 53A
& 118 - Registration Act, 1908 - S. 49 - Admissibility of an unregistered partition
deed - No relief can be granted to a party without the pleadings. Shyam Narayan
Prasad v. Krishna Prasad, 2018 (5) ALD 90 : 2018 (4) ALT 40 : 2018 (36) LCD 2230
: 2018 (3) RCR (Civil) 527 C.A.
No. 5415 of 2011 02-07-2018
Negotiable
Instruments Act, 1881 - S.138
- parties have settled their disputes and the cheque amount has been received -
appeals are allowed and the conviction and sentence imposed on the appellant(s)
is set aside. Bhangu Trading Company v. Surjit Singh, Crl.A.
No. 808 of 2018 02-07-2018
Income Tax
Act, 1961 - Ss. 201/201(A)
- Notice - Non deduction of tax at source under Section 194I of the Income Tax
Act from the annual lease rent paid to Greater Noida. New Okhla Industrial Development
Authority v. Commissioner of Income Tax - Appeals, C.A.
No. 15613 of 2017 02-07-2018
Income Tax
Act, 1961 - S.194A - Interest
other than “Interest on securities. Commissioner of Income Tax (TDS) Kanpur v.
Canara Bank, AIR 2018 SC 3458 : 2018 (8) Scale 635 C.A.
No. 6020 of 2018 02-07-2018