14 Important Supreme Court Cases Published in (2018) 5 SCC Part 4

1. Rakesh Birani v. Prem Narain Sehgal, (2018) 5 SCC 543

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.

2. Citizen Coop. Society Ltd. v. CIT, (2018) 5 SCC 548

Income Tax Act, 1961 - Review Petition - Society giving loans to members as well as general public - Non-eligibile to grant of deduction - Dismissed being devoid of merits.

3. Ganapathi v. State of Tamil Nadu, (2018) 5 SCC 549

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; AIR 2018 SC 1635 : JT 2018 (3) SC 565 : 2018 (5) SCALE 41

4. Manju Surana v. Ratan Singh, (2018) 5 SCC 557

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; 2018 (5) Scale 75

5. Mackintosh Burn Ltd. v. Sarkar and Chowdhury Enterprises Pvt Ltd., (2018) 5 SCC 575

Companies Act, 2013 - Ss. 58(2) & (4) - Public Limited Company - Free Transfer of Shares - Transfer can be refused on any sufficient cause; JT 2018 (3) SC 571 : 2018 (5) SCALE 161

6. State of Himachal Pradesh v. Ravinder Kumar Sankhayan, (2018) 5 SCC 584

Public Interest Litigation (PIL) - Public Property - Re-auction of leased municipal property - Efficacy of existing lease; JT 2018 (3) SC 592 : 2018 (5) Scale 217

7. Raghunath Prasad Pande v. State of Karnataka, (2018) 5 SCC 594

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.

8. Abdulrasakh v. K.P. Mohammed, (2018) 5 SCC 598

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; AIR 2018 SC 1487 : JT 2018 (3) SC 253 : 2018 (4) SCALE 236 : 2018 (2) KLT SN 53 (C.No.64)

9. National Campaign Committee For Central Legislation On Construction Labour (NCC-CL) v. Union of India, (2018) 5 SCC 607

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; 2018 (3) Bom.C.R. 347

10. Soumitra Kumar Sen v. Shyamal Kumar Sen, (2018) 5 SCC 644

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; http://bit.ly/CA1513of2018

11. Alakh Alok Srivastava v. Union of India, (2018) 5 SCC 651

Protection of Children from Sexual Offences Act, 2012 - S. 35 (2) - Speedy Trial - Directions issued for speedy disposal of cases involving sexual offences against children; AIR 2018 SC 2440 : JT 2018 (4) SC 625 : 2018 (2) CRIMES 324 : 2018 (2) KLT SN 57 (C.No.68)

12. Mangla Ram v. Oriental Insurance, (2018) 5 SCC 656

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; 2018 (5) SCALE 363 http://bit.ly/CA2499of2018

13. Munshiram v. State of Rajasthan, (2018) 5 SCC 678

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; JT 2018 (4) SC 136 : 2018 (2) Crimes 58 http://bit.ly/CrlA515of2018

14. University of Mysore v. Rajaiah, (2018) 5 SCC 684

Land Reforms Act, 1961 (Karnataka) - Lands which belong to Government or University - Not within purview of the Act; AIR 2018 SC 1539 : 2018 (5) SCALE 1

Presumptions are the Bats of the Law, Flitting in the Twilight, but Disappearing in the Sunshine of Actual Facts [ORDER]

Negotiable Instruments Act, 1881 - Section 138 - failure on the part of the complainant to produce his account statement and absence of entry in accounts maintained by him regarding loan advanced to the accused, does show that there was no material to support the basic facts on which the entire case of the complainant was based. Sufficient material was available on record whereby the defence of the accused became probable. In such a situation, the presumption under the provisions of the Act ceased to operate and the burden fell upon the complainant to prove his case, which he failed to do by placing on record cogent evidence.

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