- Supreme Court Monthly Digest Jan 2018
- Supreme Court Monthly Digest Feb 2018
- Supreme Court Monthly Digest Mar 2018
- Supreme Court Monthly Digest Apr 2018
- Supreme Court Monthly Digest May 2018
- Supreme Court Monthly Digest Jun 2018
- Supreme Court Monthly Digest Jul 2018
Motor Vehicles Act, 1988 - S.166 - deceased was the owner-cum-driver of the vehicle in question -accident had occurred due to the rash and negligent driving of the vehicle by the deceased - No other vehicle was involved in the accident - deceased himself was responsible for the accident - deceased being the owner of the offending vehicle was not a third party within the meaning of the Act - deceased was the victim of his own action of rash and negligent driving - A Claimant cannot maintain a claim on the basis of his own fault or negligence and argue that even when he himself may have caused the accident on account of his own rash and negligent driving, he can nevertheless make the insurance company to pay for the same - respondents being the LRs of the deceased could not have maintained the claim petition. National Insurance Co. Ltd. v. Ashalata Bhowmik, AIR 2018 SC 4133 : 2018 (3) JKJ 107 : JT 2018 (8) SC 315 : 2018 (36) LCD 2505 : 2018 (4) RCR (Civil) 211 : 2018 (7) SLT 432 : (2018) 9 SCC 801 http://bit.ly/CA9100of2018 31-08-2018
Motor Vehicles Act, 1988 - S.173 - Permanent Disability - Further enhancement in the quantum of compensation awarded by the Tribunal - Claimant was a young unmarried boy of 25 years at the time of accident - Claimant is entitled for a further sum of Rs.5,00,000/ in lump sum in addition to what has been awarded by the Tribunal, i.e., Rs.3,43,000/. Anil Kumar v. Branch Manager, National Insurance Company Ltd., AIR 2018 SC 4136 : JT 2018 (8) SC 332 : 2018 (36) LCD 2508 : 2018 (4) RCR (Civil) 210 : 2018 (10) Scale 374 : 2018 (7) SLT 418 C.A. No. 4398 of 2016 31-08-2018
Service Law - Rajasthan Non-Government Educational Institutions Act, 1989 - S. 18 - Removal, dismissal or reduction in rank of employees - Whether principles applicable to a factory or an industrial establishment can be made applicable to an educational institution - the principles of the Industrial Disputes Act, 1947 cannot be, ipso facto, imported into a factual matrix of the present nature - Master Servant Relationship - illegality in the termination of the services - compensation - quantification of damages - methodology of calculation - principle of wrongful termination of an employee, under the master-servant relationship. The principle of awarding adequate compensation in the form of backwages, keeping in mind aggravating and mitigating circumstances would, thus, have to be observed. The amount cannot be measly, nor can it be a bonanza.it would not be appropriate to determine the amount on the basis of the last pay and allowances drawn. The calculation should be based on the actual pay and allowances liable to be drawn for the years in question, dependent on the period for which this amount is to be calculated. Kailash Singh v. Managing Committee, Mayo College, Ajmer, JT 2018 (8) SC 545 : 2018 (36) LCD 2532 : 2018 (4) LLJ 234 : 2018 (10) Scale 638 C.A. No. 6409 of 2017 31-08-2018
Constitution of India - Whether a person belonging to a Scheduled Caste in relation to a particular State would be entitled or not, to the benefits or concessions allowed to Scheduled Caste candidate in the matter of employment, in any other State? Bir Singh v. Delhi Jal Board, AIR 2018 SC 4077 : JT 2018 (8) SC 463 : 2018 (10) Scale 284 : (2018) 10 SCC 312 C.A. No. 1085 of 2013 30-08-2018
Evidence Law - Gunshot - Absence of bullet holes on the clothes of the deceased creates a doubt about the case of the prosecution. State of Uttar Pradesh v. Raja, 2018 (4) RCR (Criminal) 250 : 2018 (11) Scale 265 Crl.A. No. 396 of 2015 30-08-2018
Forest Act, 1963 (Karnataka) - Ss. 62C & 87 - Penal Code, 1860 - Ss. 379 & 34 - found transporting sandalwood in their private vehicles - Noncompliance of Section 62C - officer concerned should have been authorised by the Government and should have received training for examining the forest produce - concerned forest officers have nowhere stated in their evidence that they were duly authorised by the State Government and competent to issue the certificates in question - prosecution has failed to prove that the requirements as contemplated under Section 62C of the Act - the High Court was right in setting aside the order of conviction and sentence passed by the trial Court by reaching to the conclusion that the offence under Section 87 of the Act cannot be said to have been established against the accused in accordance with law. State of Karnataka v. Prakash, 2018 (13) Scale 666 Crl.A. No. 466 of 2012 30-08-2018
Criminal P.C. 1973 - S.378(3) - Application for grant of leave to appeal - High Court rejected it without assigning any reasons - Such casual approach of High Court, disapproved - Matter was remanded back to it for decision afresh on merits. State of Uttar Pradesh v. Anil Kumar @ Badka, AIR 2018 SC 4006 : 2018 (4) JLJR 28 : 2018 (4) PLJR 66 : 2018 (10) Scale 250 : (2018) 9 SCC 492 : 2018 (3) SCC (Cri) 766 Crl.A. No. 1094 of 2018 29-08-2018
Evidence Law - Question of Identification by Voice - Identification from the voice of the accused may be possible if there is evidence to show that the witness was sufficiently acquainted with the accused in order to recognize him or her by voice. Dola @ Dolagobinda Pradhan v. State of Odisha, AIR 2018 SC 4020 : 2018 (2) ALD (Cri) 674 : JT 2018 (8) SC 302 : 2018 (4) RCR (Criminal) 137 : 2018 (10) Scale 270 http://bit.ly/CrlA1095of0218 29-08-2018
U.P. Reorganisation Act, 2000 - S. 77 - Power of Central Government to give directions - There is no infirmity in the procedure adopted by both the states in the transfer of employees, on the basis of mutual consent. Krishan Kumar Madan v. Ashok Kumar, 2018 (10) Scale 368 C.A. No. 8336 of 2011 29-08-2018
Arbitration - the impugned order is not a reasoned order and the grounds on which the objection of the appellant was allowed by the SubJudge who declined to make the Award Rule of the Court, was not considered by the High Court - the matter is remitted back to the High Court. Punjab State Electricity Board v. Megh Raj Bansal, Govt. Contractor and Suppliers, JT 2018 (8) SC 317 : 2018 (5) RAJ 278 C.A. No. 9012 of 2018 29-08-2018
Penal Code, 1860 - S.302 - dying declaration - there are inconsistencies between the statement of deceased to Doctor and dying declaration recorded by the Tehsildar - benefit of doubt to be given to the accused - When there are two reasonable views and the High Court has adopted one such view which is a plausible one, do not find any substantial ground warranting interference with the order of the acquittal. State of Madhya Pradesh v. Shabana Bi, 2018 (4) RCR (Criminal) 454 Crl.A. No. 1791 of 2011 29-08-2018
Criminal Trial - School Certificate - In each and every case the prosecution cannot be expected to examine the person who has admitted a student in the school. The school registers are the authentic documents being maintained in the official course, entitled to credence of much weight unless proved otherwise. State of Madhya Pradesh v. Preetam, AIR 2018 SC 4212 : 2018 (4) JLJR 24 : 2018 (4) PLJR 62 : 2018 (11) Scale 120 Crl.A. No. 2229 of 2011 29-08-2018
Evidence Law - testimony of a witness cannot be discarded in toto merely due to the presence of embellishments or exaggerations. Menoka Malik v. State of West Bengal, AIR 2018 SC 4011 : 2018 (4) JLJR 31 : JT 2018 (8) SC 320 : 2018 (4) PLJR 69 : 2018 (10) Scale 234 http://bit.ly/CrlA1198of2006 28-08-2018
Constitution of India - Arts. 25, 26 & 145(3) - Freedom to follow faith and manage religious affairs - 1934 Constitution of Malankara Orthodox Syrian Church - cannot be said to be in violation of Arts. 25 and 26. Mathews Mar Koorilos v. M. Pappy, AIR 2018 SC 4033 : 2018 (3) KLT 990 : 2018 (10) Scale 351 : (2018) 9 SCC 672 C.A. No. 6263 of 2001 28-08-2018
Mortgage - A usufructuary mortgagee is not entitled to file a suit for declaration that he had become an owner merely on the expiry of 30 years from the date of the mortgage. Bir Singh v. Ram Kanwar Singh, C.A. No. 8994 of 2018 28-08-2018
Criminal Procedure - Order of acquittal was recorded by the trial court after a fullfledged trial - while so setting aside the acquittal the High Court should have given an opportunity of hearing. Krishan Kumar v. State of Rajasthan, Crl.A. No. 1088 of 2018 28-08-2018
Bail - case involving embezzlement to the tune of Rs.2.78 Crores - stringent conditions should be imposed. Bharat Stars Services Pvt Ltd. v. Harsh Dev Thakur, Crl.A. No. 1089 of 2018 28-08-2018
Service Law - Promotion - Uncommunicated and adverse Annual Confidential Reports (ACRs) cannot be relied upon in the process. Rukhsana Shaheen Khan v. Union of India, 2018 (13) Scale 796 C.A. No. 32 of 2013 28-08-2018
Penal Code, 1860 - S.302 - dying declaration - intrinsic worth and reliability of dying declaration can generally be judged from its tenor and contents themselves. State of Rajasthan v. Ganwara, 2018 (11) Scale 261 Crl.A. No. 1018 of 2010 28-08-2018
Constitution of India - Medicine Shops - Closure of the shop - Supply of free essential drugs to all classes of patients by the Government - Sardar Vallabh Bhai Patel Nishulka Aushadhi Vitaran Yojna - The laudable objective of the Government to ensure availability of free medicines to the patients in the civil hospital premises will have to be balanced with the competing interests of the appellants to earn their livelihood. If peaceful coexistence is possible, there is no reason why the shop premises should be shut down and the appellants be asked to vacate. Bharmal Medical Store Civil Hospital Badnagar v. State of Madhya Pradesh, JT 2018 (8) SC 318 : 2018 (2) RCR (Rent) 379 : 2018 (10) Scale 225 C.A. No. 8590 of 2018 27-08-2018
Service Law - Education - Disciplinary Proceedings - Management has agreed to reinstate the appellant in service, without backwages, subject to reasonable compensation - the Government, Directorate and the Management shall see that the appellant is treated to be in service for all purposes by fixing his annual increments and fixing his pay accordingly. Emmanuel Lalith Kumar v. Orthodox Syrian Catholic Educational Society, 2018 (11) Scale 2 C.A. No. 8685 of 2018 27-08-2018
Transfer of Case - parties are directed to maintain status quo with regard to the title of the property during the pendency of the Civil Suit. Suraj Prakash Bhagat v. Bhaveshbhai Nareshchandra Amin, 2018 (11) Scale 1 C.A. No. 8708 of 2018 27-08-2018
Penal Code, 1860 - Ss. 304, Part II - Common Intention - Absence of - Incident happened at the spur of the moment without premeditation - assault was not made on a vital part of the body - assault took place in 1980 due to straying of cattle - sentence is reduced. Lakshmi Chand v. State of Uttar Pradesh, AIR 2018 SC 3961 : JT 2018 (8) SC 229 : 2018 (10) Scale 183 : (2018) 9 SCC 704 Crl.A. No. 1540 of 2017 24-08-2018
Election - Electronic Form- Any reform of the electoral process to permit the filing of nominations electronically would have to be carried out by a legislative amendment. West Bengal State Election Commission v. Communist Party of India (Marxist), AIR 2018 SC 3964 : 2018 (10) Scale 186 C.A. No. 8515 of 2018 24-08-2018
Hindu Marriage Act, 1955- S.15 - Interpretation of - Divorced persons when may marry again- Principles of Purposive Construction - the restriction placed on a second marriage in Section 15 of the Act till the dismissal of an appeal would not apply to a case where parties have settled and decided not to pursue the appeal. Anurag Mittal v. Shaily Mishra Mittal, AIR 2018 SC 3983 : 2018 (5) Bom.C.R. 505 : 2018 (5) CTC 99 : 2018 (3) JKJ 111 : 2018 (4) JLJR 61 : 2018 (5) Mh.L.J. 714 : 2018 (4) MPLJ 11: 2018 (4) PLJR 99 : 2018 (4) RCR (Civil) 103 : 2018 (4) RLW 2917 : (2018) 9 SCC 691 : 2018 (6) SLT 548 C.A. No. 8515 of 2018 24-08-2018
Election - Applicability of NOTA to the Rajya Sabha elections - Option of NOTA may serve as an elixir in direct elections but in respect of the election to the Council of States which is a different one, it would not only undermine the purity of democracy but also serve the Satan of defection and corruption. Shailesh Manubhai Parmar v. Election Commission of India through the Chief Election Commissioner, AIR 2018 SC 3918 : JT 2018 (9) SC 67 : 2018 (10) Scale 52 : 2018 (7) SLT 445 : (2018) 9 SCC 100 W.P. (C) No. 631 of 2017 21-08-2018
Waiver - is an intentional relinquishment of a right. It must involve conscious abandonment of an existing legal right, advantage, benefit, claim or privilege, which except for such a waiver, a party could have enjoyed. It is an agreement not to assert a right. To invoke the principle of waiver, the person who is said to have waived must be fully informed as to his rights and with full knowledge about the same, he intentionally abandons them. There must be a specific plea of waiver, much less of abandonment of a right by the opposite party. Sonell Clocks and Gifts Ltd. v. New India Assurance Co. Ltd., 2018 ACJ 2672 : AIR 2018 SC 4146 : 2018 (4) CPJ 1 : JT 2018 (8) SC 289 : 2018 (4) RCR (Civil) 203 : 2018 (10) Scale 24 : 2018 (7) SLT 325 : (2018) 9 SCC 784 C.A. No. 1217 of 2017 21-08-2018
Injunction - Interim Mandatory Injunction - an interim mandatory injunction is not a remedy that is easily granted. It is an order that is passed only in circumstances which are clear and the prima facie material clearly justify a finding that the status quo has been altered by one of the parties to the litigation and the interests of justice demanded that the status quo ante be restored by way of an interim mandatory injunction. Samir Narain Bhojwani v. Aurora Properties and Investments, 2018 (5) Bom.C.R. 731 : 2018 (5) RAJ 243 : 2018 (10) Scale 33 C.A. No. 7079 of 2018 21-08-2018
Election - Panchayati Raj Act 1994 (Haryana) - S.176 - Determination of validity of election enquiry by judge and procedure - Section 176 (1) clearly specifies a period of 30 days from the date of the declaration of the results of the election within which an election petition has to be filed. There is no provision for condoning delay or for extending the period of limitation. Suman Devi v. Manisha Devi, AIR 2018 SC 3912 : 2018 (4) RCR (Civil) 194 : JT 2018 (8) SC 225 : 2018 (10) Scale 45 : (2018) 9 SCC 808 C.A. No. 8337 of 2018 21-08-2018
Civil P.C. 1908 - S. 47 - Questions to be determined by the Court executing decree - Executing Court must execute the decree as it stands without adding anything to it. Kohinoor Transporters v. State of Uttar Pradesh, AIR 2018 SC 4138 : 2018 (5) ArbLR 27 : 2018 (5) RAJ 219 : 2018 (10) Scale 50 C.A. No. 8338 of 2018 21-08-2018
Insurance Policy - Arbitration Clause - An arbitration clause would enliven or invigorate only if the insurer admits or accepts its liability under or in respect of the concerned policy. United India Insurance Co. Ltd. v. Hyundai Engineering and Construction Co. Ltd., AIR 2018 SC 3932 : 2018 (5) All.M.R. 961 : 2018 (5) ArbLR 13 : 2018 (5) Bom.C.R. 499 : 2018 (5) CTC 230 : 2018 (5) RAJ 197 : JT 2018 (8) SC 214 : 2018 (10) Scale 72 C.A. No. 8146 of 2018 21-08-2018
Service Law - Voluntary Retirement - When services are required, denial of voluntary retirement is permissible. State of Uttar Pradesh v. Achal Singh, AIR 2018 SC 3940 : 2018 (4) JLJR 2 : JT 2018 (8) SC 335 : 2018 (4) PLJR 40 : 2018 (10) Scale 89 C.A. No. 8421 of 2018 21-08-2018
Criminal Trial - Acquittal - Every acquittal in a criminal case has to be taken with some seriousness by the investigating and prosecuting authorities. Suresh v. State of Haryana, AIR 2018 SC 4046 : 2018 (3) JKJ 48 : 2018 (8) JT 383 : 2018 (6) SLT 662 Crl.A. No. 1445 of 2012 21-08-2018
Criminal Trial - Rape - Trial Court and the High Court have convicted the accused merely on conjectures and surmises. The Courts have come to the conclusion based on assumptions and not on legally acceptable evidence, but such assumptions were not well founded, inasmuch as such assumptions are not corroborated by any reliable evidence. Medical evidence does not support the case of the prosecution relating to offence of rape. Sham Singh v. State of Haryana, AIR 2018 SC 3976 : 2018 (2) ALD (Cri) 687 : JT 2018 (8) SC 258 : 2018 (10) Scale 119 : 2018 (6) SLT 607 Crl.A. No. 544 of 2018 21-08-2018
Rent Control & Eviction - Rajasthan Premises (Control of Rent and Eviction) Act, 1950 - S.13 - Eviction of Tenant. Ram Pratap v. Anand Kanwar, AIR 2018 SC 4308 : 2018 ALT (Rev) 186 : JT 2018 (8) SC 285 : 2018 (2) RCR (Rent) 355 : 2018 (10) Scale 115 C.A. No. 8504 of 2018 21-08-2018
Motor Accidents - Injuries and Disablements - a person must not only be compensated for his physical injury, but also for the non-pecuniary losses which he has suffered due to the injury. The Claimant is entitled to be compensated for his inability to lead a full life, and enjoy those things and amenities which he would have enjoyed, but for the injuries. Anant Sidheshwar Dukre v. Pratap Zhamnnappa Lamzane, 2018 (4) ACC 1 : 2018 (3) JKJ 101 : JT 2018 (8) SC 173 : 2018 (2) OLR 521 : 2018 (4) RCR (Civil) 124 : (2018) 9 SCC 450 : 2018 (7) SLT 380 : 2018 (3) SCC (Cri) 756 C.A. No. 8420 of 2018 21-08-2018
Civil P.C. 1908 - Necessary / Proper Party - A person whose presence before a forum may be necessary in order to enable it effectually and completely to adjudicate upon and settle all the questions involved in the dispute is a necessary party. A necessary party is one without whom no order can be made effectively. A proper party is one in whose absence an effective order can be made, but whose presence is necessary for complete and final decision on the question involved in the proceedings. Swapna Mohanty v. State of Odisha, 2018 (10) Scale 346 C.A. No. 8425 of 2018 21-08-2018
Penal Code, 1860 - Ss. 498 A, 120 B, 420 & 365 - Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. K. Subba Rao v. State of Telangana rep. by its Secretary, Department of Home, AIR 2018 SC 4009 : 2018 (2) ALD (Cri) 672 : 2018 (3) DMC 277 : 2018 (4) JLJR 1 : JT 2018 (8) SC 212 : 2018 (4) PLJR 39 : 2018 (10) Scale 112 : 2018 (6) SLT 531 Crl.A. No. 1045 of 2018 21-08-2018
All India Service (Discipline and Appeal) Rules, 1969 - Rr. 6 & 8 - Procedure for imposing major penalties - A major penalty cannot be imposed except after holding an enquiry- disciplinary authority shall “draw up or caused to be drawn up” the substance of the imputation of misconduct or misbehavior into definite and distinct article of charge - an opportunity to be given to the delinquent to submit his explanation- the authority to institute proceedings and to impose penalty on a member of All India Service is the State Government, if he is serving in connection with the affairs of the State. State of Tamil Nadu rep. by Secretary to Govt. (Home) v. Promod Kumar IPS, AIR 2018 SC 4060 : 2018 (10) Scale 157 C.A. No. 8427 of 2018 21-08-2018
Medical Education - Indian Medical Council Act, 1956 - Ss. 10A(3)(a) & 10(4) - Letter of permission for establishing a new dental college for the academic year 2018-2019. Tirumala Medical Academy Educational Society v. Union of India, JT 2018 (9) SC 1 : 2018 (10) Scale 147 W.P. (C) No. 779 of 2018 21-08-2018
Medical Education - Medical Council of India Act, 1956 - S.11(2) - Granting Recognition of the Course - Power to conduct a second inspection. Medical Council of India v. Principal KMCT Medical College, JT 2018 (8) SC 179 : 2018 (10) Scale 140 : (2018) 9 SCC 766 C.A. No. 8429 of 2018 21-08-2018
Land Acquisition - fixation of land value. State of Punjab v. Puro Devi, C.A. No. 8431 of 2018 21-08-2018
Hindu Law - Legal Principles of - Karta - Right of a father to alienate any ancestral property - What is legal necessity - Karta of the family had every right to sell the suit land belonging to family to discharge the debt liability and spend some money to make improvement in agriculture land for the maintenance of his family. A case of legal necessity for sale of ancestral property by the Karta was, therefore, made out on facts. Once the factum of existence of legal necessity stood proved, then no cocoparcener (son) has a right to challenge the sale made by the Karta of his family. Kehar Singh (D) Thr. L.Rs. v. Nachittar Kaur, AIR 2018 SC 3907 : 2018 (5) ALD 179 : 2018 (126) CLT 948 : 2018 (4) JLJR 42 : JT 2018 (8) SC 167 : 2018 (36) LCD 2474 : 2018 (4) PLJR 80 : 2018 (4) RCR (Civil) 128 : 2018 (10) Scale 67 C.A. No. 3264 of 2011 20-08-2018
Service Law - Industrial Disputes Act, 1947 - S.10 - Regularization of Services. Food Corporation of India v. Gen. Secy, FCI India Employees Union, AIR 2018 SC 3902 : JT 2018 (9) SC 14 : 2018 (4) LLJ 1 : 2018 (10) Scale 1 : (2018) 9 SCC 464 C.A. No. 10499 of 2011 20-08-2018
Public Premises (Eviction of Unauthorized Occupants) Act, 1971 - S. 3 - Appointment of estate officers - the Estate Officer has to exercise its jurisdiction in relation to the public premises falling in the local limits specified in the notification. Savatram Rampratap Mills v. Radheyshyam Laxminarayan Goenka (D) Thr. LRs., AIR 2018 SC 3916 : 2018 (5) ALD 184 : JT 2018 (8) SC 157 : 2018 (2) RCR (Rent) 358 : 2018 (10) Scale 8 : (2018) 9 SCC 154 C.A. No. 751 of 2008 20-08-2018
Criminal P.C. 1973 - S.216 - Sessions Judge has ample power to alter / amend / add any charge. State of Haryana v. Rajesh Aggarwal, 2018 (3) ACC 926 : AIR 2018 SC 3998 : 2018 (3) Crimes 501 : JT 2018 (8) SC 145 : 2018 (10) Scale 11 : 2018 (7) SLT 349 http://bit.ly/CrlA2218of2011 20-08-2018
Civil P.C. 1908 - O. 39 R. 1 & 2 - Interim Stay - Justifiable reason(s) to support either the grant or rejection need(s) to be stated keeping in view the facts and the law applicable to the controversy involved. Birwati Chaudhary v. State of Haryana, AIR 2018 SC 4207 : 2018 (10) Scale 13 : (2018) 9 SCC 458 http://bit.ly/CA8376of2018 20-08-2018
Arbitration and Conciliation Act, 1996 - S.34 - Application for setting aside arbitral award - Speedy resolution of arbitral disputes has been the reason for enacting the 1996 Act, and continues to be the reason for adding amendments to the said Act to strengthen the aforesaid object. Quite obviously, if issues are to be framed and oral evidence taken in a summary proceeding under Section 34, this object will be defeated. An application for setting aside an arbitral award will not ordinarily require anything beyond the record that was before the Arbitrator. However, if there are matters not contained in such record, and are relevant to the determination of issues arising under Section 34(2)(a), they may be brought to the notice of the Court by way of affidavits filed by both parties. Crossexamination of persons swearing to the affidavits should not be allowed unless absolutely necessary, as the truth will emerge on a reading of the affidavits filed by both parties. Emkay Global Financial Services Ltd. v. Girdhar Sondhi, AIR 2018 SC 3894 : 2018 (5) ArbLR 1 : 2018 (3) JLJR 385 : JT 2018 (8) SC 147 : 2018 (3) PLJR 406 : 2018 (10) Scale 15 : (2018) 9 SCC 49 : 2018 (7) SLT 669 C.A. No. 8327 of 2018 20-08-2018
Income Tax Act, 1961 - Whether an assessee who sets up a new industry of a kind mentioned in sub-section (2) of Section 80-IC of the Act and starts availing exemption of 100 per cent tax under sub-section (3) of Section 80-IC (which is admissible for five years) can start claiming the exemption at the same rate of 100% beyond the period of five years on the ground that the assessee has now carried out substantial expansion in its manufacturing unit? Commissioner of Income Tax v. Classic Binding Industries, JT 2018 (8) SC 533 : 2018 (10) Scale 82 : (2018) 9 SCC 753 C.A. No. 7208 of 2018 20-08-2018
Medical Education - State governments can insist on domicile status for students seeking admission to their undergraduate medical or dental colleges under the state quota if the objective is to ensure the presence of doctors in their remoter areas. Rajdeep Ghosh v. State of Assam, AIR 2018 SC 3832 : 2018 (3) JLJR 406 : JT 2018 (8) SC 90 : 2018 (9) Scale 683 W.P. (C) No. 766 of 2018 17-08-2018
Narcotic Drugs and Psychotropic Substances Act, 1985 - S.18 - Informant and the investigator must not be the same person. Mohan Lal v. State of Punjab, Mohan Lal v. State of Punjab, 2018 (3) Crimes 218 : 2018 (3) JKJ 3 : 2018 (3) JLJR 393 : JT 2018 (8) SC 53 : 2018 (4) MLJ (Cri) 244 : 2018 (2) OLR 485 : 2018 (3) PLJR 419 : 2018 (4) RCR (Criminal) 101 Crl.A. No. 1880 of 2011 16-08-2018
Service Law - Teacher - Artificial breaks to deny the benefit to an employee - Security of tenure for a teacher, who dedicates his / her life for education of the students, is of utmost importance. Insecurity should not be created in the employment of such lecturers or teachers, more so when they are through a process of really a subterfuge of giving artificial breaks. Ahalya A. Samtaney v. State of Maharashtra, 2018 (9) Scale 675 : (2018) 9 SCC 92 C.A. No. 8292 of 2018 16-08-2018
Criminal Trial - Extra judicial confession is a weak piece of evidence, which cannot form basis for conviction and unless supported by other substantive evidence. State of Karnataka v. P. Ravikumar @ Ravi, AIR 2018 SC 3993 : 2018 (11) Scale 5 : (2018) 9 SCC 614 : 2018 (3) SCC (Cri) 809 Crl.A. No. 1428 of 2013 16-08-2018
Penal Code, 1860 - Accused had acted in self defence which is proved to have exceeded, the conviction of the appellants under Section 302 I.P.C. has to be modified. As the occurrence happened in a free fight between both the parties, conviction of the appellants under Section 302 I.P.C. is modified to Section 304 Part II I.P.C. Manphool Singh v. State of Haryana, AIR 2018 SC 3995 Crl.A. No. 1817 of 2009 16-08-2018
Motor Accident Claims - Fake Driving Licence - If the owner was aware of the fact that the licence was fake and still permitted the driver to drive the vehicle, then the insurer would stand absolved. However, the mere fact that the driving licence is fake, per se, would not absolve the insurer. Ram Chandra Singh v. Rajaram, 2018 ACJ 2703 : AIR 2018 SC 3789 : 2018 (5) ALD 205 : 2018 (6) ALJ 396 : 2018 (3) JLJR 371 : JT 2018 (8) SC 10 : 2018 (3) PLJR 392 : 2018 (9) Scale 618 : (2018) 8 SCC 799 http://bit.ly/CA8145of2018 14-08-2018
Company Law - Whether Section 14 of the Insolvency and Bankruptcy Code, 2016, which provides for a moratorium for the limited period mentioned in the Code, on admission of an insolvency petition, would apply to a personal guarantor of a corporate debtor. State Bank of India v. V. Ramakrishnan, AIR 2018 SC 3876 : 2018 (5) ALD 162 : 2018 (5) Mh.L.J. 692 : 2018 (4) MPLJ 23 : 2018 (4) RCR (Civil) 110 : 2018 (9) Scale 597 http://bit.ly/CA3595of2018 14-08-2018
Payment of Gratuity Act, 1972 - Whether forfeiture of gratuity, is automatic on dismissal from service - Held, forfeiture of gratuity is not automatic on dismissal from service; it is subject to sub-Sections (5) and (6) of Section 4 of the Act. Union Bank of India v. C.G. Ajay Babu, AIR 2018 SC 3792 : 2018 (5) ALD 195 : 2018 (5) All.M.R. 925 : 2018 (158) FLR 948 : 2018 (3) JLJR 336 : JT 2018 (8) SC 29 : 2018 (36) LCD 2525 : 2018 LLR 1051 : 2018 (3) PLJR 360 : 2018 (9) Scale 622 : 2018 (6) SLT 718 http://bit.ly/CA8251of2018 14-08-2018
Eviction & Rent Control - In cases where protection under a Rent Act is available, no eviction can be ordered unless ground seeking eviction is made out, even if parties had entered into a compromise. Alagu Pharmacy v. N. Magudeswari, AIR 2018 SC 3821 : 2018 (130) ALR 692 : 2018 (5) CTC 446 : JT 2018 (8) SC 19 : 2018 (9) Scale 637 : (2018) 8 SCC 311 http://bit.ly/CA8256of2018 14-08-2018
Criminal Trial - All Legal Services Authorities / Committees in every State to extend the facility of video conferencing between the counsel on one hand and the accused or anybody in the know of the matter on the other in every criminal case wherever the accused is lodged in jail, so that the cause of justice is well served. Imtiyaz Ramzan Khan v. State of Maharashtra, 2018 All.M.R. (Cri.) 4469 : 2018 (4) JLJR 27 : JT 2018 (8) SC 36 : 2018 (4) PLJR 65 : 2018 (9) Scale 646 : (2018) 9 SCC 160 : 2018 (3) SCC (Cri) 721 http://bit.ly/SLP6740of2018 14-08-2018
Narcotic Drugs and Psychotropic Substances Act, 1985 - For proving the offence under the NDPS Act, it is necessary for the prosecution to establish that the quantity of the contraband goods allegedly seized from the possession of the accused and the best evidence would be the court records as to the production of the contraband before the Magistrate and deposit of the same before the Malkhana or the document showing destruction of the contraband. Mohinder Singh v. State of Punjab, AIR 2018 SC 3798 : 2018 CriLJ 4213 : 2018 (3) Crimes 227 : 2018 (3) JLJR 440 : JT 2018 (8) SC 46 : 2018 (3) MLJ (Cri) 748 : 2018 (4) PLJR 29 : 2018 (4) RCR (Criminal) 62 : 2018 (9) Scale 647 Crl.A. No. 2182 of 2010 14-08-2018
Service Law - Teacher - Artificial breaks to deny the benefit to an employee - Security of tenure for a teacher, who dedicates his / her life for education of the students, is of utmost importance. Insecurity should not be created in the employment of such lecturers or teachers, more so when they are through a process of really a subterfuge of giving artificial breaks. Ahalya A. Samtaney v. State of Maharashtra, 2018 (9) Scale 675 : (2018) 9 SCC 92 C.A. No. 8292 of 2018 16-08-2018
Criminal Trial - Extra judicial confession is a weak piece of evidence, which cannot form basis for conviction and unless supported by other substantive evidence. State of Karnataka v. P. Ravikumar @ Ravi, AIR 2018 SC 3993 : 2018 (11) Scale 5 : (2018) 9 SCC 614 : 2018 (3) SCC (Cri) 809 Crl.A. No. 1428 of 2013 16-08-2018
Penal Code, 1860 - Accused had acted in self defence which is proved to have exceeded, the conviction of the appellants under Section 302 I.P.C. has to be modified. As the occurrence happened in a free fight between both the parties, conviction of the appellants under Section 302 I.P.C. is modified to Section 304 Part II I.P.C. Manphool Singh v. State of Haryana, AIR 2018 SC 3995 Crl.A. No. 1817 of 2009 16-08-2018
Motor Accident Claims - Fake Driving Licence - If the owner was aware of the fact that the licence was fake and still permitted the driver to drive the vehicle, then the insurer would stand absolved. However, the mere fact that the driving licence is fake, per se, would not absolve the insurer. Ram Chandra Singh v. Rajaram, 2018 ACJ 2703 : AIR 2018 SC 3789 : 2018 (5) ALD 205 : 2018 (6) ALJ 396 : 2018 (3) JLJR 371 : JT 2018 (8) SC 10 : 2018 (3) PLJR 392 : 2018 (9) Scale 618 : (2018) 8 SCC 799 http://bit.ly/CA8145of2018 14-08-2018
Company Law - Whether Section 14 of the Insolvency and Bankruptcy Code, 2016, which provides for a moratorium for the limited period mentioned in the Code, on admission of an insolvency petition, would apply to a personal guarantor of a corporate debtor. State Bank of India v. V. Ramakrishnan, AIR 2018 SC 3876 : 2018 (5) ALD 162 : 2018 (5) Mh.L.J. 692 : 2018 (4) MPLJ 23 : 2018 (4) RCR (Civil) 110 : 2018 (9) Scale 597 http://bit.ly/CA3595of2018 14-08-2018
Payment of Gratuity Act, 1972 - Whether forfeiture of gratuity, is automatic on dismissal from service - Held, forfeiture of gratuity is not automatic on dismissal from service; it is subject to sub-Sections (5) and (6) of Section 4 of the Act. Union Bank of India v. C.G. Ajay Babu, AIR 2018 SC 3792 : 2018 (5) ALD 195 : 2018 (5) All.M.R. 925 : 2018 (158) FLR 948 : 2018 (3) JLJR 336 : JT 2018 (8) SC 29 : 2018 (36) LCD 2525 : 2018 LLR 1051 : 2018 (3) PLJR 360 : 2018 (9) Scale 622 : 2018 (6) SLT 718 http://bit.ly/CA8251of2018 14-08-2018
Eviction & Rent Control - In cases where protection under a Rent Act is available, no eviction can be ordered unless ground seeking eviction is made out, even if parties had entered into a compromise. Alagu Pharmacy v. N. Magudeswari, AIR 2018 SC 3821 : 2018 (130) ALR 692 : 2018 (5) CTC 446 : JT 2018 (8) SC 19 : 2018 (9) Scale 637 : (2018) 8 SCC 311 http://bit.ly/CA8256of2018 14-08-2018
Criminal Trial - All Legal Services Authorities / Committees in every State to extend the facility of video conferencing between the counsel on one hand and the accused or anybody in the know of the matter on the other in every criminal case wherever the accused is lodged in jail, so that the cause of justice is well served. Imtiyaz Ramzan Khan v. State of Maharashtra, 2018 All.M.R. (Cri.) 4469 : 2018 (4) JLJR 27 : JT 2018 (8) SC 36 : 2018 (4) PLJR 65 : 2018 (9) Scale 646 : (2018) 9 SCC 160 : 2018 (3) SCC (Cri) 721 http://bit.ly/SLP6740of2018 14-08-2018
Narcotic Drugs and Psychotropic Substances Act, 1985 - For proving the offence under the NDPS Act, it is necessary for the prosecution to establish that the quantity of the contraband goods allegedly seized from the possession of the accused and the best evidence would be the court records as to the production of the contraband before the Magistrate and deposit of the same before the Malkhana or the document showing destruction of the contraband. Mohinder Singh v. State of Punjab, AIR 2018 SC 3798 : 2018 CriLJ 4213 : 2018 (3) Crimes 227 : 2018 (3) JLJR 440 : JT 2018 (8) SC 46 : 2018 (3) MLJ (Cri) 748 : 2018 (4) PLJR 29 : 2018 (4) RCR (Criminal) 62 : 2018 (9) Scale 647 Crl.A. No. 2182 of 2010 14-08-2018
Penal Code, 1860 - S. 302 - Medical Evidence did not conclusively prove homicidal death - Such view, being a plausible view, needed no interference. State of Karnataka v. Srinivasa, AIR 2018 SC 3975 : JT 2018 (8) SC 88 : 2018 (9) Scale 674 : (2018) 9 SCC 460 : 2018 (3) SCC (Cri) 763 Crl.A. No. 1496 of 2013 14-08-2018
Penal Code, 1860 - Ss. 326, 331, 343 & 346 - illegal detention and custodial torture by Police Officials - High Court reversed their acquittal - Occurrence was of year 1992 - attained age of superannuation - already undergone about 15 months’ imprisonment - victim was also given government job and is presently working - imprisonment was reduced to period already undergone. reduction of sentence may not be treated as precedent. Bhagwan Dass v. State of Haryana, 2018 (3) Crimes 226 : 2018 (4) RCR (Criminal) 113 : 2018 (10) Scale 253 : (2018) 9 SCC 227 : 2018 (3) SCC (Cri) 736 Crl.A. No. 283 of 2014 14-08-2018
Penal Code, 1860 - Ss. 302, 201, 392 & 397 - Murder Trial - Inconsistencies and Material Contradiction - High Court reversed conviction - Acquittal confirmed. State of Karnataka v. A.B. Mahesha, AIR 2018 SC 4005 : JT 2018 (8) SC 584 : 2018 (4) RCR (Criminal) 111 : 2018 (11) Scale 3 : (2018) 9 SCC 612 : 2018 (3) SCC (Cri) 807 Crl.A. No. 1133 of 2010 14-08-2018
Rent Control & Eviction - Surrender Vacant Possession - Occupation Charges. Swadeshi Commercial Co. Ltd. v. Union of India, C.A. No. 4332 of 2009 14-08-2018
Criminal P.C. 1973 - S.451 - Custody of Vehicle - Tata Hitachi Model EX 200 Hydraulic Excavator - Contractor engaged for the purpose of widening the National Highway - Demolished Government Building on direction from superior officers - Magistrate permitted release of the vehicle on producing a bank guarantee of the alleged loss caused to the Government building - Held, High Court was justified in holding that the bank guarantee for the alleged loss need not be insisted upon - Magistrate is directed to release the vehicle without insisting the condition regarding bank guarantee - Appeal is dismissed. State of Kerala v. A.A. Ali, JT 2018 (8) SC 186 : 2018 (4) RCR (Criminal) 112 Crl.A. No. 2100 of 2017 14-08-2018
Election Law - Madhya Pradesh Panchayat (Election Petition, Corrupt Practices and Disqualification for Members) Rules, 1995 - R.7 - Deposit of Security - Whether deposit of security along with the presentation of an election petition is to be made by way of payment before the Specified Officer or whether it is sufficient to deposit the amount in the name of the Specified Officer in the Bank. Lalli Patel v. State of Madhya Pradesh, JT 2018 (9) SC 65 : 2018 (10) Scale 128 14-08-2018
Arbitration and Conciliation Act, 1996 - S.34 - Whether the Insolvency and Bankruptcy Code, 2016 can be invoked in respect of an operational debt where an Arbitral Award has been passed against the operational debtor. K. Kishan v. Vijay Nirman Company Pvt. Ltd., 2018 (5) Bom.C.R. 705 : 2018 (5) RAJ 143 : 2018 (4) RCR (Civil) 197 : 2018 (10) Scale 256 C.A. No. 21824 of 2017 14-08-2018
Service Law - In direct recruitment to a post, whether qualification is to be seen, with reference to the date of occurrence of vacancy or at the time of recruitment. State of Orissa v. State (Trysem) Live Stock Inspector Sangha, AIR 2018 SC 4140 : 2018 (10) Scale 266 C.A. No. 8253 of 2018 14-08-2018
Service Law - In service jurisprudence, the appointments are made by employer with different nomenclature/characteristics. Appointments are made both on permanent or temporary basis against permanent post or temporary post. The appointment can also be made on adhoc basis on permanent or temporary post. There is one common feature of appointments of permanent, temporary or adhoc appointment i.e. those appointments are made against the post whether permanent or temporary. On the contrary, for contractual appointment, there is no requirement of existence of any post. A contractual appointment is not normally made against a post. Further, contractual appointments are also not normally on Pay Scale. On the mere fact that the advertisement as well as the appointment was made initially for a period of five years, the nature of appointment of the appellants cannot be termed as contractual appointment. When a Government servant is contemplated to hold a certain post for a limited period it is a Tenure Post. K. Anbazhagan v. Registrar General High Court of Madras, AIR 2018 SC 3803 : JT 2018 (8) SC 232 : 2018 (9) Scale 573 : (2018) 9 SCC 293 C.A. No. 8216 of 2018 13-08-2018
Criminal P.C. 1973 - S. 438 r/w Ss. 420 & 409 - Anticipatory Bail - “Bank Guarantee” - “defalcated sum” - If on account of failure to submit and to keep it alive in respect of the “defalcated sum”, any benefit of bail/anticipatory bail was withdrawn and orders of non-bailable warrants were issued, such orders stand cancelled and recalled. However the concerned millers ought to have furnished and kept alive bank guarantees as contemplated in terms of the agreement. If there be any failure on this count the cancellation of bail/anticipatory bail was perfectly justified. Arvind Tiwary v. State of Bihar, 2018 (9) Scale 563 : (2018) 8 SCC 475 : JT 2018 (8) SC 1 : 2018 (6) SLT 645 Crl.A. No. 998 of 2018 13-08-2018
Penal Code, 1860 - Ss. 323, 325 & 341 r/w. 34 - Conviction and sentence have been confirmed by the High Court - Parties are relatives - During the pendency of the appeal, the de facto complainant has been impleaded in the party array - the disputes in the family have been settled amicably with the intervention of the elders of the family and the normal relationship is being restored in the family. It is prayed jointly by the parties that the offences may be compounded. Held, it is only in the interest of restoring peace in the family that the offences are compounded. Bipin Kumar v. State of Bihar, 2018 (10) Scale 255 Crl.A. No. 993 of 2018 13-08-2018
Review - Judicial discipline, judicial traditions and consistency in pronouncements require that the Bench which heard the matter originally should hear the review petition unless it is virtually impractical for the original Bench to hear the matter, or where the members of the original Bench recuse. Goel Ganga Developers India Pvt. Ltd. v. Union of India through Secretary Ministry of Environment and Forests, 2018 (5) Bom.C.R. 481 : 2018 (8) FLT 663 : 2018 (9) Scale 530 C.A. No. 10854 of 2016 10-08-2018
Civil P.C. 1908 - Additional Evidence - Procedure to be followed by appellate courts after receiving additional evidence. Corporation of Madras v. M. Parthasarathy, AIR 2018 SC 3777 : 2018 (5) ALD 201 : 2018 (130) ALR 703 : 2018 (3) JLJR 355 : JT 2018 (8) SC 15 : 2018 (3) PLJR 376 : 2018 (4) RCR (Civil) 39 : 2018 (9) Scale 559 : 2018 (6) SLT 766 : (2018) 9 SCC 445 C.A. No. 3033 of 2006 10-08-2018
Civil P.C. 1908 - It would be just and proper that all properties belonging to or claim to belonging to the family or/and its members though denied by the parties against each other should be made subject matter of one civil suit rather than two civil suits. P.K. Narayanan Raja v. Ambika, JT 2018 (8) SC 52 : 2018 (9) Scale 528 : (2018) 9 SCC 164 C.A. No. 561 of 2008 10-08-2018
Land Acquisition Act, 1894 - S.4 - Whether the determination made by the Courts below in relation to “wet land” and “chira land” is just and proper or it requires any modification by way of enhancement as claimed by the landowners in these appeals. K.S. Rajan (dead) Through L. Rs. v. State of Kerala, AIR 2018 SC 3724 : JT 2018 (7) SC 551 : 2018 (9) Scale 523 : (2018) 9 SCC 167 : 2018 (7) SLT 26 C.A. No. 6281 of 2009 10-08-2018
Evidence Law - When a party relies upon any evidence, whether it is oral or documentary, in support of his case, the Court / Committee / Authority, as the case may be, and especially the original Court is under an obligation to apply its mind to the entire documentary evidence on which the party has placed reliance for proving his case and record its reasoned findings whether accepting the evidence or rejecting it. Vilas Dinkar Bhat v. State of Maharashtra, 2018 (6) All.M.R. 455 : AIR 2018 SC 3776 : JT 2018 (7) SC 555 : 2018 (9) Scale 521 : (2018) 9 SCC 89 : 2018 (6) SLT 747 C.A. No. 2095 of 2007 10-08-2018
Penal Code, 1860 - Ss. 326, 331, 343 & 346 - illegal detention and custodial torture by Police Officials - High Court reversed their acquittal - Occurrence was of year 1992 - attained age of superannuation - already undergone about 15 months’ imprisonment - victim was also given government job and is presently working - imprisonment was reduced to period already undergone. reduction of sentence may not be treated as precedent. Bhagwan Dass v. State of Haryana, 2018 (3) Crimes 226 : 2018 (4) RCR (Criminal) 113 : 2018 (10) Scale 253 : (2018) 9 SCC 227 : 2018 (3) SCC (Cri) 736 Crl.A. No. 283 of 2014 14-08-2018
Penal Code, 1860 - Ss. 302, 201, 392 & 397 - Murder Trial - Inconsistencies and Material Contradiction - High Court reversed conviction - Acquittal confirmed. State of Karnataka v. A.B. Mahesha, AIR 2018 SC 4005 : JT 2018 (8) SC 584 : 2018 (4) RCR (Criminal) 111 : 2018 (11) Scale 3 : (2018) 9 SCC 612 : 2018 (3) SCC (Cri) 807 Crl.A. No. 1133 of 2010 14-08-2018
Rent Control & Eviction - Surrender Vacant Possession - Occupation Charges. Swadeshi Commercial Co. Ltd. v. Union of India, C.A. No. 4332 of 2009 14-08-2018
Criminal P.C. 1973 - S.451 - Custody of Vehicle - Tata Hitachi Model EX 200 Hydraulic Excavator - Contractor engaged for the purpose of widening the National Highway - Demolished Government Building on direction from superior officers - Magistrate permitted release of the vehicle on producing a bank guarantee of the alleged loss caused to the Government building - Held, High Court was justified in holding that the bank guarantee for the alleged loss need not be insisted upon - Magistrate is directed to release the vehicle without insisting the condition regarding bank guarantee - Appeal is dismissed. State of Kerala v. A.A. Ali, JT 2018 (8) SC 186 : 2018 (4) RCR (Criminal) 112 Crl.A. No. 2100 of 2017 14-08-2018
Election Law - Madhya Pradesh Panchayat (Election Petition, Corrupt Practices and Disqualification for Members) Rules, 1995 - R.7 - Deposit of Security - Whether deposit of security along with the presentation of an election petition is to be made by way of payment before the Specified Officer or whether it is sufficient to deposit the amount in the name of the Specified Officer in the Bank. Lalli Patel v. State of Madhya Pradesh, JT 2018 (9) SC 65 : 2018 (10) Scale 128 14-08-2018
Arbitration and Conciliation Act, 1996 - S.34 - Whether the Insolvency and Bankruptcy Code, 2016 can be invoked in respect of an operational debt where an Arbitral Award has been passed against the operational debtor. K. Kishan v. Vijay Nirman Company Pvt. Ltd., 2018 (5) Bom.C.R. 705 : 2018 (5) RAJ 143 : 2018 (4) RCR (Civil) 197 : 2018 (10) Scale 256 C.A. No. 21824 of 2017 14-08-2018
Service Law - In direct recruitment to a post, whether qualification is to be seen, with reference to the date of occurrence of vacancy or at the time of recruitment. State of Orissa v. State (Trysem) Live Stock Inspector Sangha, AIR 2018 SC 4140 : 2018 (10) Scale 266 C.A. No. 8253 of 2018 14-08-2018
Service Law - In service jurisprudence, the appointments are made by employer with different nomenclature/characteristics. Appointments are made both on permanent or temporary basis against permanent post or temporary post. The appointment can also be made on adhoc basis on permanent or temporary post. There is one common feature of appointments of permanent, temporary or adhoc appointment i.e. those appointments are made against the post whether permanent or temporary. On the contrary, for contractual appointment, there is no requirement of existence of any post. A contractual appointment is not normally made against a post. Further, contractual appointments are also not normally on Pay Scale. On the mere fact that the advertisement as well as the appointment was made initially for a period of five years, the nature of appointment of the appellants cannot be termed as contractual appointment. When a Government servant is contemplated to hold a certain post for a limited period it is a Tenure Post. K. Anbazhagan v. Registrar General High Court of Madras, AIR 2018 SC 3803 : JT 2018 (8) SC 232 : 2018 (9) Scale 573 : (2018) 9 SCC 293 C.A. No. 8216 of 2018 13-08-2018
Criminal P.C. 1973 - S. 438 r/w Ss. 420 & 409 - Anticipatory Bail - “Bank Guarantee” - “defalcated sum” - If on account of failure to submit and to keep it alive in respect of the “defalcated sum”, any benefit of bail/anticipatory bail was withdrawn and orders of non-bailable warrants were issued, such orders stand cancelled and recalled. However the concerned millers ought to have furnished and kept alive bank guarantees as contemplated in terms of the agreement. If there be any failure on this count the cancellation of bail/anticipatory bail was perfectly justified. Arvind Tiwary v. State of Bihar, 2018 (9) Scale 563 : (2018) 8 SCC 475 : JT 2018 (8) SC 1 : 2018 (6) SLT 645 Crl.A. No. 998 of 2018 13-08-2018
Penal Code, 1860 - Ss. 323, 325 & 341 r/w. 34 - Conviction and sentence have been confirmed by the High Court - Parties are relatives - During the pendency of the appeal, the de facto complainant has been impleaded in the party array - the disputes in the family have been settled amicably with the intervention of the elders of the family and the normal relationship is being restored in the family. It is prayed jointly by the parties that the offences may be compounded. Held, it is only in the interest of restoring peace in the family that the offences are compounded. Bipin Kumar v. State of Bihar, 2018 (10) Scale 255 Crl.A. No. 993 of 2018 13-08-2018
Review - Judicial discipline, judicial traditions and consistency in pronouncements require that the Bench which heard the matter originally should hear the review petition unless it is virtually impractical for the original Bench to hear the matter, or where the members of the original Bench recuse. Goel Ganga Developers India Pvt. Ltd. v. Union of India through Secretary Ministry of Environment and Forests, 2018 (5) Bom.C.R. 481 : 2018 (8) FLT 663 : 2018 (9) Scale 530 C.A. No. 10854 of 2016 10-08-2018
Civil P.C. 1908 - Additional Evidence - Procedure to be followed by appellate courts after receiving additional evidence. Corporation of Madras v. M. Parthasarathy, AIR 2018 SC 3777 : 2018 (5) ALD 201 : 2018 (130) ALR 703 : 2018 (3) JLJR 355 : JT 2018 (8) SC 15 : 2018 (3) PLJR 376 : 2018 (4) RCR (Civil) 39 : 2018 (9) Scale 559 : 2018 (6) SLT 766 : (2018) 9 SCC 445 C.A. No. 3033 of 2006 10-08-2018
Civil P.C. 1908 - It would be just and proper that all properties belonging to or claim to belonging to the family or/and its members though denied by the parties against each other should be made subject matter of one civil suit rather than two civil suits. P.K. Narayanan Raja v. Ambika, JT 2018 (8) SC 52 : 2018 (9) Scale 528 : (2018) 9 SCC 164 C.A. No. 561 of 2008 10-08-2018
Land Acquisition Act, 1894 - S.4 - Whether the determination made by the Courts below in relation to “wet land” and “chira land” is just and proper or it requires any modification by way of enhancement as claimed by the landowners in these appeals. K.S. Rajan (dead) Through L. Rs. v. State of Kerala, AIR 2018 SC 3724 : JT 2018 (7) SC 551 : 2018 (9) Scale 523 : (2018) 9 SCC 167 : 2018 (7) SLT 26 C.A. No. 6281 of 2009 10-08-2018
Evidence Law - When a party relies upon any evidence, whether it is oral or documentary, in support of his case, the Court / Committee / Authority, as the case may be, and especially the original Court is under an obligation to apply its mind to the entire documentary evidence on which the party has placed reliance for proving his case and record its reasoned findings whether accepting the evidence or rejecting it. Vilas Dinkar Bhat v. State of Maharashtra, 2018 (6) All.M.R. 455 : AIR 2018 SC 3776 : JT 2018 (7) SC 555 : 2018 (9) Scale 521 : (2018) 9 SCC 89 : 2018 (6) SLT 747 C.A. No. 2095 of 2007 10-08-2018
Civil P.C. 1908 - Second Appeal - Compromise Decree - Legislative intent which does not allow the parties to take recourse to these legal remedies to challenge the compromise once it is arrived at in the suit / appeal - Only exception being if the challenge is founded on the ground of fraud committed by the parties in obtaining any judicial orders, the suit, in appropriate case, may lie. Ved Pal (d) Tr. Lrs. v. Prem Devi (d) Tr. Lrs., 2018 (3) JKJ 153 : 2018 (9) Scale 526 : (2018) 9 SCC 496 : 2018 (7) SLT 695 C. A. No. 8353 of 2014 10-08-2018
Penal Code, 1860 - Ss. 363 & 366 - Conviction - sentenced to undergo imprisonment for a period of seven years with a fine of Rs.1,000 - the parties have subsequently entered into a compromise, the de facto complainant was added as a party - the de facto complainant submits that she has since been married to another person and they are living happily and they have no complaint against the appellant - for doing complete justice between the parties, the sentence needs to be modified. However, the conviction is confirmed. The sentence is limited to the period already undergone. appellant shall pay a fine of Rs.2,00,000. Sajid v. State of Uttarakhand, JT 2018 (8) SC 14 : 2018 (9) Scale 573 : (2018) 9 SCC 159 : 2018 (3) SCC (Cri) 729 Crl.A. No. 983 of 2018 10-08-2018
Land Acquisition - Disputing the land value - State is aggrieved by the value fixed; whereas the claimants want higher compensation - Government will return the unutilised land to the claimants - As far as the remaining land is concerned, Court set aside the fixation made by the High Court and remit the matters to the High Court with liberty to both sides to lead additional evidence. State of Haryana v. Bant Lal, 2018 (10) Scale 218 C.A. No. 2634 of 2018 10-08-2018
Constitution of India - Art.32 - Protecting the interests of home buyers in projects floated by Jaypee Infratech Limited. Chitra Sharma v. Union of India, 2018 (5) Bom.C.R. 712 : JT 2018 (8) SC 114 : 2018 (4) RCR (Civil) 45 : 2018 (9) Scale 490 : 2018 (7) SLT 37 W.P. (C) No. 744 of 2007 09-08-2018
Penal Code, 1860 - Ss. 363 & 366 - Conviction - sentenced to undergo imprisonment for a period of seven years with a fine of Rs.1,000 - the parties have subsequently entered into a compromise, the de facto complainant was added as a party - the de facto complainant submits that she has since been married to another person and they are living happily and they have no complaint against the appellant - for doing complete justice between the parties, the sentence needs to be modified. However, the conviction is confirmed. The sentence is limited to the period already undergone. appellant shall pay a fine of Rs.2,00,000. Sajid v. State of Uttarakhand, JT 2018 (8) SC 14 : 2018 (9) Scale 573 : (2018) 9 SCC 159 : 2018 (3) SCC (Cri) 729 Crl.A. No. 983 of 2018 10-08-2018
Land Acquisition - Disputing the land value - State is aggrieved by the value fixed; whereas the claimants want higher compensation - Government will return the unutilised land to the claimants - As far as the remaining land is concerned, Court set aside the fixation made by the High Court and remit the matters to the High Court with liberty to both sides to lead additional evidence. State of Haryana v. Bant Lal, 2018 (10) Scale 218 C.A. No. 2634 of 2018 10-08-2018
Constitution of India - Art.32 - Protecting the interests of home buyers in projects floated by Jaypee Infratech Limited. Chitra Sharma v. Union of India, 2018 (5) Bom.C.R. 712 : JT 2018 (8) SC 114 : 2018 (4) RCR (Civil) 45 : 2018 (9) Scale 490 : 2018 (7) SLT 37 W.P. (C) No. 744 of 2007 09-08-2018
Motor Vehicles Act, 1988 - In a proceeding u/s. 163A, the insurer cannot raise any defence of negligence on the part of the victim to counter a claim of compensation. Shivaji v. United India Insurance, 2018 (3) ACC 907 : 2018 ACJ 2161 : AIR 2018 SC 3705 : 2018 (5) ALD 135 : 2018 (130) ALR 784 : JT 2018 (7) SC 516 : 2018 (9) Scale 463 : 2018 (7) SLT 751 C.A.No. 2816 of 2018 09-08-2018
Motor Vehicles Act, 1988 - S.166 - Compensation - Computation of Income - deceased was aged 38 years at the time of his death and was in the business of selling desi ghee and namkin bhujia - the assessment of income by the MACT at Rs 1,200 per month is on the lower side. Held, taking a realistic view, the income should have been assessed at Rs 2,500 per month having due regard to the nature of the business, the date of accident and all the circumstances of the case. The deceased was 38 years old and hence the correct multiplier would be 16. Santosh Devi v. Mahaveer Singh, 2018 (3) ACC 914 : 2018 ACJ 2436 : AIR 2018 SC 3787 : 2018 (130) ALR 782 : JT 2018 (7) SC 522 : 2018 (4) RCR (Civil) 38 : 2018 (9) Scale 465 : (2018) 9 SCC 146 C.A. No. 7279 of 2018 09-08-2018
Sports Law - draft constitution submitted by the CoA on 27 October 2017 has now been approved by this Court subject to the modifications - Once the draft constitution has been approved by this Court, any amendment should not be given effect to without the leave of this Court - Directions issued. Board of Control for Cricket in India v. Cricket Association of Bihar, AIR 2018 SC 4179 : JT 2018 (8) SC 65 : 2018 (9) Scale 467 C.A. No. 4235 of 2014 09-08-2018
Rent Control & Eviction - West Bengal Premises Tenancy Act, 1997 - Kolkata Municipal Corporation Act, 1980 - Eviction of the tenant - Tenant had defaulted in payment of his share of municipal tax as an occupier. Held, default on the part of the respondent-tenant is clear and evident. The obligation to pay municipal taxes on the tenant being over and above the obligation to pay the rent by virtue of the provisions of Section 5(8) of the 1997 Act, the High Court could not have imposed on the landlord the requirement of obtaining a formal order of enhancement of rent from the Rent Controller. Popat & Kotecha Property v. Ashim Kumar Dey, AIR 2018 SC 3751 : JT 2018 (7) SC 547 : 2018 (2) RCR (Rent) 305 : 2018 (9) Scale 516 : (2018) 9 SCC 149 C.A. No. 8149 of 2018 09-08-2018
Land Acquisition - High Court did not award compensation for the wells - wrong in making a deduction of 60% from the land value towards development charges - the appellants having not adduced any evidence regarding the wells from which water have been taken and the evidence being contrary that the wells were in dilapidated condition - Held, no further compensation is permissible in that regard. The acquired land is abutting residential area of Mallapur, which is a Mandal Headquarter where bank, high school, bus stand, telephone exchange, police station, primary health centre, cinema hall, petrol pumps are located. The deduction towards development costs/charges shall only be 30% of the land value fixed by the High Court and in all other respects the impugned judgment stands confirmed. The appellants will also be entitled to statutory benefits arising out of this re-fixation. Kalluri Venkata Narasimha Rao @ Narsinga Rao v. Land Acquisition Officer and Sub Collector, 2018 (10) Scale 365 : 2018 (6) SLT 749 C.A. No. 8153 of 2018 09-08-2018
Service Law - Constitution of India - Art. 320 (3) - ad hoc appointments - Uttar Pradesh Public Service Commission (UPPSC) - Requirement of consultation with - Promotees & Direct Appointees - perennial disputes between - post of the ‘Assistant Engineer (Electrical & Mechanical)’ in the U.P. Development Authorities Centralised Services. Ajay Kumar Singh v. State of Uttar Pradesh, AIR 2018 SC 3780 : 2018 (130) ALR 685 : 2018 (9) Scale 653 : 2018 (6) SLT 759 C.A. No. 10829 of 2014 09-08-2018
Penal Code, 1860 - Ss. 498A & 306 - It cannot be said that the appellant’s act of having illicit relationship with another woman would not have affected to negate the ingredients of Sections 306 I.P.C. Siddaling v. State, through Kalagi Police Station, 2018 CriLJ 4212 : 2018 (3) JKJ 1 : 2018 (3) JLJR 434 : JT 2018 (8) SC 37 : 2018 (6) KarLJ 149 : 2018 (3) PLJR 417 : (2018) 9 SCC 621 : 2018 (3) SCC (Cri) 812 : 2018 (6) SLT 485 Crl.A. No. 1606 of 2009 09-08-2018
Prevention of Corruption Act, 1988 - S.8 - Essential - there must have been the solicitation or receipt of the gratification - such gratification must have been asked for or paid as a motive or reward for inducing a public servant to do an act or do a favour or render some service. Babji v. State of Andhra Pradesh, AIR 2018 SC 3831 : 2018 CriLJ 4210 : 2018 (3) JLJR 402 : JT 2018 (9) SC 12 : 2018 (3) PLJR 414 : 2018 (10) Scale 201 Crl.A. No. 2159 of 2009 09-08-2018
Lok Adalat - appellant, he was neither a party to the suit nor to the settlement - High Court was not inclined to interfere with the award on the ground that the appellant was not an aggrieved party - the core issue regarding the settlement as per the Lok Adalat is now pending before the High Court in Misc. Petition, in which both the sides are parties - Matter remitted to the High Court. Sudhir Kumar Jain v. Neeraj Kumar Jain, C.A. No. 8151 of 2018 09-08-2018
Motor Vehicles Act, 1988 - Doctrine of "pay and recover" - Insurer's contractual liability as well as statutory liability vis-a-vis the claims of third parties - Guidelines as to how and in what circumstances, “pay and recover” can be ordered. Shamanna v. Divisional Manager the Oriental Insurance Co. Ltd., 2018 ACJ 2163 : AIR 2018 SC 3726 : JT 2018 (7) SC 498 : 2018 (36) LCD 2488 : 2018 (9) Scale 456 : 2018 (6) SLT 698 C.A. No. 8144 of 2018 08-08-2018
Criminal Law - a dismissal of a SLP in limine, would neither mean that the lower court judgment stands affirmed nor the principle res judicata would be applicable. Kusal Toppo v. State of Jharkhand, 2018 (10) Scale 651 Crl.A. No. 1691 of 2010 07-08-2018
Service Law - Armed Forces - Right to be considered for promotion in accordance with the rules for promotion is right of every officer and employee. Col. IVS Gahlot v. Union of India, AIR 2018 SC 3685 : 2018 (159) FLR 224 : JT 2018 (7) SC 504 : 2018 (9) Scale 432 : 2018 (6) SLT 705 C.A. No. 8047 of 2018 06-08-2018
Land Acquisition Act, 1894 - S. 48 - Once the possession of the acquired land is taken, the State has no power to withdraw from the acquisition because as a result of taking over of the possession, the acquired land vests with the State absolutely free from all encumbrances. Pimpri Chinchwad New Township Development Authority v. Vishnudev Cooperative Housing Society, AIR 2018 SC 3656 : 2018 (5) ALD 140 : JT 2018 (7) SC 439 : 2018 (36) LCD 2512 : 2018 (3) RCR (Civil) 997 : 2018 (9) Scale 403 : (2018) 8 SCC 215 : 2018 (6) SLT 653 C.A. No. 7649 of 2018 03-08-2018
Motor Vehicles Act, 1988 - S.166 - Compensation - Computation of Income - deceased was aged 38 years at the time of his death and was in the business of selling desi ghee and namkin bhujia - the assessment of income by the MACT at Rs 1,200 per month is on the lower side. Held, taking a realistic view, the income should have been assessed at Rs 2,500 per month having due regard to the nature of the business, the date of accident and all the circumstances of the case. The deceased was 38 years old and hence the correct multiplier would be 16. Santosh Devi v. Mahaveer Singh, 2018 (3) ACC 914 : 2018 ACJ 2436 : AIR 2018 SC 3787 : 2018 (130) ALR 782 : JT 2018 (7) SC 522 : 2018 (4) RCR (Civil) 38 : 2018 (9) Scale 465 : (2018) 9 SCC 146 C.A. No. 7279 of 2018 09-08-2018
Sports Law - draft constitution submitted by the CoA on 27 October 2017 has now been approved by this Court subject to the modifications - Once the draft constitution has been approved by this Court, any amendment should not be given effect to without the leave of this Court - Directions issued. Board of Control for Cricket in India v. Cricket Association of Bihar, AIR 2018 SC 4179 : JT 2018 (8) SC 65 : 2018 (9) Scale 467 C.A. No. 4235 of 2014 09-08-2018
Rent Control & Eviction - West Bengal Premises Tenancy Act, 1997 - Kolkata Municipal Corporation Act, 1980 - Eviction of the tenant - Tenant had defaulted in payment of his share of municipal tax as an occupier. Held, default on the part of the respondent-tenant is clear and evident. The obligation to pay municipal taxes on the tenant being over and above the obligation to pay the rent by virtue of the provisions of Section 5(8) of the 1997 Act, the High Court could not have imposed on the landlord the requirement of obtaining a formal order of enhancement of rent from the Rent Controller. Popat & Kotecha Property v. Ashim Kumar Dey, AIR 2018 SC 3751 : JT 2018 (7) SC 547 : 2018 (2) RCR (Rent) 305 : 2018 (9) Scale 516 : (2018) 9 SCC 149 C.A. No. 8149 of 2018 09-08-2018
Land Acquisition - High Court did not award compensation for the wells - wrong in making a deduction of 60% from the land value towards development charges - the appellants having not adduced any evidence regarding the wells from which water have been taken and the evidence being contrary that the wells were in dilapidated condition - Held, no further compensation is permissible in that regard. The acquired land is abutting residential area of Mallapur, which is a Mandal Headquarter where bank, high school, bus stand, telephone exchange, police station, primary health centre, cinema hall, petrol pumps are located. The deduction towards development costs/charges shall only be 30% of the land value fixed by the High Court and in all other respects the impugned judgment stands confirmed. The appellants will also be entitled to statutory benefits arising out of this re-fixation. Kalluri Venkata Narasimha Rao @ Narsinga Rao v. Land Acquisition Officer and Sub Collector, 2018 (10) Scale 365 : 2018 (6) SLT 749 C.A. No. 8153 of 2018 09-08-2018
Service Law - Constitution of India - Art. 320 (3) - ad hoc appointments - Uttar Pradesh Public Service Commission (UPPSC) - Requirement of consultation with - Promotees & Direct Appointees - perennial disputes between - post of the ‘Assistant Engineer (Electrical & Mechanical)’ in the U.P. Development Authorities Centralised Services. Ajay Kumar Singh v. State of Uttar Pradesh, AIR 2018 SC 3780 : 2018 (130) ALR 685 : 2018 (9) Scale 653 : 2018 (6) SLT 759 C.A. No. 10829 of 2014 09-08-2018
Penal Code, 1860 - Ss. 498A & 306 - It cannot be said that the appellant’s act of having illicit relationship with another woman would not have affected to negate the ingredients of Sections 306 I.P.C. Siddaling v. State, through Kalagi Police Station, 2018 CriLJ 4212 : 2018 (3) JKJ 1 : 2018 (3) JLJR 434 : JT 2018 (8) SC 37 : 2018 (6) KarLJ 149 : 2018 (3) PLJR 417 : (2018) 9 SCC 621 : 2018 (3) SCC (Cri) 812 : 2018 (6) SLT 485 Crl.A. No. 1606 of 2009 09-08-2018
Prevention of Corruption Act, 1988 - S.8 - Essential - there must have been the solicitation or receipt of the gratification - such gratification must have been asked for or paid as a motive or reward for inducing a public servant to do an act or do a favour or render some service. Babji v. State of Andhra Pradesh, AIR 2018 SC 3831 : 2018 CriLJ 4210 : 2018 (3) JLJR 402 : JT 2018 (9) SC 12 : 2018 (3) PLJR 414 : 2018 (10) Scale 201 Crl.A. No. 2159 of 2009 09-08-2018
Lok Adalat - appellant, he was neither a party to the suit nor to the settlement - High Court was not inclined to interfere with the award on the ground that the appellant was not an aggrieved party - the core issue regarding the settlement as per the Lok Adalat is now pending before the High Court in Misc. Petition, in which both the sides are parties - Matter remitted to the High Court. Sudhir Kumar Jain v. Neeraj Kumar Jain, C.A. No. 8151 of 2018 09-08-2018
Motor Vehicles Act, 1988 - Doctrine of "pay and recover" - Insurer's contractual liability as well as statutory liability vis-a-vis the claims of third parties - Guidelines as to how and in what circumstances, “pay and recover” can be ordered. Shamanna v. Divisional Manager the Oriental Insurance Co. Ltd., 2018 ACJ 2163 : AIR 2018 SC 3726 : JT 2018 (7) SC 498 : 2018 (36) LCD 2488 : 2018 (9) Scale 456 : 2018 (6) SLT 698 C.A. No. 8144 of 2018 08-08-2018
Criminal Law - a dismissal of a SLP in limine, would neither mean that the lower court judgment stands affirmed nor the principle res judicata would be applicable. Kusal Toppo v. State of Jharkhand, 2018 (10) Scale 651 Crl.A. No. 1691 of 2010 07-08-2018
Service Law - Armed Forces - Right to be considered for promotion in accordance with the rules for promotion is right of every officer and employee. Col. IVS Gahlot v. Union of India, AIR 2018 SC 3685 : 2018 (159) FLR 224 : JT 2018 (7) SC 504 : 2018 (9) Scale 432 : 2018 (6) SLT 705 C.A. No. 8047 of 2018 06-08-2018
Land Acquisition Act, 1894 - S. 48 - Once the possession of the acquired land is taken, the State has no power to withdraw from the acquisition because as a result of taking over of the possession, the acquired land vests with the State absolutely free from all encumbrances. Pimpri Chinchwad New Township Development Authority v. Vishnudev Cooperative Housing Society, AIR 2018 SC 3656 : 2018 (5) ALD 140 : JT 2018 (7) SC 439 : 2018 (36) LCD 2512 : 2018 (3) RCR (Civil) 997 : 2018 (9) Scale 403 : (2018) 8 SCC 215 : 2018 (6) SLT 653 C.A. No. 7649 of 2018 03-08-2018
First Information Report - Although the FIR is not an encyclopedia of the crime, absence of certain essential facts, which were conspicuously missing in the FIR, pointed towards suspicion that the crime itself may be staged. Amar Nath Jha v. Nand Kishore Singh, AIR 2018 SC 3597 : 2018 CriLJ 4351 : 2018 (3) Crimes 486 : 2018 (3) JLJR 361 : JT 2018 (7) SC 451 : 2018 (9) Scale 416 : (2018) 9 SCC 137 : 2018 (3) SCC (Cri) 723 Crl.A. No. 94 of 2013 03-08-2018
Penal Code, 1860 - Ss. 34, 302, 498A - Victim sustained 100% burn injuries while she was in her matrimonial house - Sister-in-law pleaded alibi - She was staying in separate house and at the relevant time - Parents of deceased levelled only minor allegations against her - No specific allegation of demand for dowry or harassment was made - Hence she is entitled to benefit of doubt. Chhaya v. State of Maharashtra, AIR 2018 SC 3604 : 2018 All.M.R. (Cri.) 4057 : 2018 (3) Crimes 484 : JT 2018 (7) SC 437 : 2018 (9) Scale 413 : 2018 (6) SLT 306 Crl.A. No. 963 of 2018 03-08-2018
Town Development - Bangalore Development Authority Act, 1976 - the primary object of the BDA Act is to carry out planned development. The State Act has provided its own scheme. The time constraints of the land acquisition are not applicable to the BDA Act. Making applicable the time frame of Section 11A of LA Act would debilitate very object of the BDA Act. Bangalore Development Authority v. State of Karnataka, JT 2018 (7) SC 477 : 2018 (6) KarLJ 225 : 2018 (9) Scale 442 : (2018) 9 SCC 122 C.A. No. 7661 of 2018 03-08-2018
Evidence Law - Test Identification Parade is not a substantive evidence. Its purpose is only to help the investigating agency ascertain as to whether the investigation in the case is heading in the right direction or not. There is no provision in CrPC which obliges the investigating agency to hold or confer a right on the accused to claim a test identification parade. Absence to hold it would not make inadmissible the evidence of identification in court. Raju Manjhi v. State of Bihar, AIR 2018 SC 3592 : 2018 All.M.R.(Cri.) 4474 : 2018 CriLJ 4342 : 2018 (3) Crimes 477 : 2018 (3) JLJR 365 : JT 2018 (7) SC 429 : 2018 (9) Scale 360 : 2018 (6) SLT 296 Crl.A. No. 1333 of 2009 02-08-2018
Service Law - Promotion - Ad hoc promotions in excess of eligible quota - Not permissible. Abdul Jawad M.F. v. R. Raj Pradeep, 2018 (10) Scale 366 : (2018) 9 SCC 781 C.A. No. 5203 of 2016 02-08-2018
Judiciary - Subordinate Judiciary - Infrastructure - A Sound Infrastructure is the Linchpin of a Strong and Stable Judicial System. All India Judges Association v. Union of India, 2018 (9) SCALE 393 bit.ly/WPC1022of1989 02-08-2018
Penal Code, 1860 - S. 302 - Occurrence took place in the heat of the moment - genesis of the occurrence was a single assault - duration of the entire episode was less than 2 minutes - assault was made without pre-meditation at the spur of time - it was not safe to convict the accused for murder - he had knowledge that such assault was likely to cause death - conviction of the accused was liable to be modified from S.302 to S.304 Part II. Deepak v. State of U.P., AIR 2018 SC 3568 : 2018 CriLJ 4341 : 2018 (3) Crimes 473 : JT 2018 (7) SC 345 : 2018 (9) Scale 382 : (2018) 8 SCC 228 : 2018 (6) SLT 379 Crl.A. No. 545 of 2011 01-08-2018
Public Employment - Rule of law requires appointments to be made in a constitutional manner and the State cannot be permitted to perpetuate an irregularity in the matter of public employment which would adversely affect those who could be employed in terms of the constitutional scheme. Narendra Kumar Tiwari v. State of Jharkhand, AIR 2018 SC 3589 : 2018 (159) FLR 112 : 2018 (3) JLJR 351 : JT 2018 (7) SC 364 : 2018 (4) LLJ 96 : 2018 (9) Scale 384 : (2018) 8 SCC 238 C.A. No. 7423 of 2018 01-08-2018
Penal Law - Imposing inadequate sentences will do more harm to the justice system and may lead to a state where the victim loses confidence in the judicial system and resorts to private vengeance. State of Rajasthan v. Mohan Lal, AIR 2018 SC 3564 : 2018 CriLJ 4450 : 2018 (3) Crimes 474 : JT 2018 (7) SC 422 : 2018 (9) Scale 335 : 2018 (6) SLT 394 Crl.A. No. 959 of 2018 01-08-2018
Service Law - Armed Forces - Appointment - Criteria / Eligibility - Post of Director General Medical Services (Army) 'DGMS (Army)'. Union of India through its Secretary v. Maj. Gen. Manomoy Ganguly, JT 2018 (7) SC 402 : 2018 (9) Scale 339 : (2018) 9 SCC 65 : 2018 (6) SLT 308 C.A. No. 5800 of 2018 01-08-2018
Association - Principles of Natural Justice - Expulsion of certain members from its membership. Tamil Nadu Chamber of Commerce and Industry represented Thr. its Hony. Secretary v. P. Mahendravel, JT 2018 (8) SC 558 : 2018 (9) Scale 635 C.A. No. 7421 of 2018 01-08-2018
Contempt of Court - Criminal Contempt Reference - High Court ought to have conducted an inquiry. That having not been done and the punishment having been imposed solely on the basis of the reference made by the District Judge and the affidavit in response - the principles of natural justice have not been complied with fully - appellant had tendered unconditional apology - the apology tendered by the appellant is taken on record - set aside the conviction and sentence imposed upon the appellant and the appeal is allowed. Kuldeep Mansukhani v. Court On its Own Motion, High Court of Delhi at New Delhi, JT 2018 (7) SC 462 : 2018 (4) RCR (Civil) 131 : 2018 (9) Scale 431 : 2018 (6) SLT 405 Crl.A. No. 920 of 2006 01-08-2018
Protection of Children from Sexual Offences Act, 2012 - S.19(1) - Mere likelihood of suspicion cannot be the reason to charge a person for an offence. Dr. Sr. Tessy Jose v. State of Kerala, AIR 2018 SC 4654 : 2018 (3) JLJ 1 : 2018 (3) JLJR 345 : JT 2018 (7) SC 517 : 2018 (4) MLJ(Cri) 207 : 2018 (3) PLJR 369 : 2018 (4) RCR (Criminal) 114 : 2018 (9) Scale 629 : 2018 (6) SLT 402 Crl.A. No. 961 of 2018 01-08-2018
Town Development - Bangalore Development Authority Act, 1976 - the primary object of the BDA Act is to carry out planned development. The State Act has provided its own scheme. The time constraints of the land acquisition are not applicable to the BDA Act. Making applicable the time frame of Section 11A of LA Act would debilitate very object of the BDA Act. Bangalore Development Authority v. State of Karnataka, JT 2018 (7) SC 477 : 2018 (6) KarLJ 225 : 2018 (9) Scale 442 : (2018) 9 SCC 122 C.A. No. 7661 of 2018 03-08-2018
Evidence Law - Test Identification Parade is not a substantive evidence. Its purpose is only to help the investigating agency ascertain as to whether the investigation in the case is heading in the right direction or not. There is no provision in CrPC which obliges the investigating agency to hold or confer a right on the accused to claim a test identification parade. Absence to hold it would not make inadmissible the evidence of identification in court. Raju Manjhi v. State of Bihar, AIR 2018 SC 3592 : 2018 All.M.R.(Cri.) 4474 : 2018 CriLJ 4342 : 2018 (3) Crimes 477 : 2018 (3) JLJR 365 : JT 2018 (7) SC 429 : 2018 (9) Scale 360 : 2018 (6) SLT 296 Crl.A. No. 1333 of 2009 02-08-2018
Service Law - Promotion - Ad hoc promotions in excess of eligible quota - Not permissible. Abdul Jawad M.F. v. R. Raj Pradeep, 2018 (10) Scale 366 : (2018) 9 SCC 781 C.A. No. 5203 of 2016 02-08-2018
Judiciary - Subordinate Judiciary - Infrastructure - A Sound Infrastructure is the Linchpin of a Strong and Stable Judicial System. All India Judges Association v. Union of India, 2018 (9) SCALE 393 bit.ly/WPC1022of1989 02-08-2018
Penal Code, 1860 - S. 302 - Occurrence took place in the heat of the moment - genesis of the occurrence was a single assault - duration of the entire episode was less than 2 minutes - assault was made without pre-meditation at the spur of time - it was not safe to convict the accused for murder - he had knowledge that such assault was likely to cause death - conviction of the accused was liable to be modified from S.302 to S.304 Part II. Deepak v. State of U.P., AIR 2018 SC 3568 : 2018 CriLJ 4341 : 2018 (3) Crimes 473 : JT 2018 (7) SC 345 : 2018 (9) Scale 382 : (2018) 8 SCC 228 : 2018 (6) SLT 379 Crl.A. No. 545 of 2011 01-08-2018
Public Employment - Rule of law requires appointments to be made in a constitutional manner and the State cannot be permitted to perpetuate an irregularity in the matter of public employment which would adversely affect those who could be employed in terms of the constitutional scheme. Narendra Kumar Tiwari v. State of Jharkhand, AIR 2018 SC 3589 : 2018 (159) FLR 112 : 2018 (3) JLJR 351 : JT 2018 (7) SC 364 : 2018 (4) LLJ 96 : 2018 (9) Scale 384 : (2018) 8 SCC 238 C.A. No. 7423 of 2018 01-08-2018
Penal Law - Imposing inadequate sentences will do more harm to the justice system and may lead to a state where the victim loses confidence in the judicial system and resorts to private vengeance. State of Rajasthan v. Mohan Lal, AIR 2018 SC 3564 : 2018 CriLJ 4450 : 2018 (3) Crimes 474 : JT 2018 (7) SC 422 : 2018 (9) Scale 335 : 2018 (6) SLT 394 Crl.A. No. 959 of 2018 01-08-2018
Service Law - Armed Forces - Appointment - Criteria / Eligibility - Post of Director General Medical Services (Army) 'DGMS (Army)'. Union of India through its Secretary v. Maj. Gen. Manomoy Ganguly, JT 2018 (7) SC 402 : 2018 (9) Scale 339 : (2018) 9 SCC 65 : 2018 (6) SLT 308 C.A. No. 5800 of 2018 01-08-2018
Association - Principles of Natural Justice - Expulsion of certain members from its membership. Tamil Nadu Chamber of Commerce and Industry represented Thr. its Hony. Secretary v. P. Mahendravel, JT 2018 (8) SC 558 : 2018 (9) Scale 635 C.A. No. 7421 of 2018 01-08-2018
Contempt of Court - Criminal Contempt Reference - High Court ought to have conducted an inquiry. That having not been done and the punishment having been imposed solely on the basis of the reference made by the District Judge and the affidavit in response - the principles of natural justice have not been complied with fully - appellant had tendered unconditional apology - the apology tendered by the appellant is taken on record - set aside the conviction and sentence imposed upon the appellant and the appeal is allowed. Kuldeep Mansukhani v. Court On its Own Motion, High Court of Delhi at New Delhi, JT 2018 (7) SC 462 : 2018 (4) RCR (Civil) 131 : 2018 (9) Scale 431 : 2018 (6) SLT 405 Crl.A. No. 920 of 2006 01-08-2018
Protection of Children from Sexual Offences Act, 2012 - S.19(1) - Mere likelihood of suspicion cannot be the reason to charge a person for an offence. Dr. Sr. Tessy Jose v. State of Kerala, AIR 2018 SC 4654 : 2018 (3) JLJ 1 : 2018 (3) JLJR 345 : JT 2018 (7) SC 517 : 2018 (4) MLJ(Cri) 207 : 2018 (3) PLJR 369 : 2018 (4) RCR (Criminal) 114 : 2018 (9) Scale 629 : 2018 (6) SLT 402 Crl.A. No. 961 of 2018 01-08-2018