Supreme Court of India Quadrimestre Digest May - August, 2018

• Supreme Court Quadrimestre Digest Jan-Apr 2018 

Anticipatory Bail - Whether should be for a limited period of time - Referred to Larger Bench. Sushila Aggarwal v. State (Nct of Delhi), 2018 (103) AllCC 995 : 2018 (3) Bom.C.R.(Cri.) 240 : JT 2018 (5) SC 137 : 2018 (7) Scale 549 S.L.P. (Crl.) No. 7281 of 2017 15-05-2018

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

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

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

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

Arbitration and Conciliation Act, 1996 - Determination of International commercial arbitration or Foreign Seated arbitration. Union of India v. Hardy Exploration and Production (India) Inc., 2018 AllCJ 1500 : 2018 (3) ArbLR 156 : JT 2018 (5) SC 432 : 2018 (3) RAJ 534 : 2018 (6) Scale 504 : (2018) 7 SCC 374 C.A. No. 4628 of 2018 01-05-2018

Arbitration and Conciliation Act, 1996 - S. 8. Ameet Lalchand Shah v. Rishabh Enterprises, AIR 2018 SC 3041 : 2018 (3) ArbLR 120 : 2018 (5) MLJ 496 : 2018 (3) RAJ 609 : 2018 (2) RCR (Civil) 879 : 2018 (6) Scale 621 : 2018 (4) SLT 9 C.A. No. 4690 of 2018 03-05-2018

Arbitration and Conciliation Act, 1996 - S. 8. Purushottam v. Anil, AIR 2018 SC 2325 : 2018 (3) ALD 188 : 2018 (3) ArbLR 145 : 2018 (4) Bom.C.R. 457 : JT 2018 (4) SC 603 : 2018 (3) RAJ 576 : 2018 (3) RCR (Civil) 109 : 2018 (6) Scale 607 : (2018) 8 SCC 95 C.A. No. 4664 of 2018 - 02-05-2018

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

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

Arbitration and Conciliation Act, 1996 - Ss. 7, 8 & 11(6) - Insurance Policy - Parties are bound by the clauses enumerated in the policy and the court does not transplant any equity to the same by rewriting a clause. Oriental Insurance v. Narbheram Power and Steel Pvt. Ltd; 2018 ACJ 1777 : AIR 2018 SC 2295 : 2018 (3) CTC 101 : JT 2018 (4) SC 521 : 2018 (2) KLT SN 59 (C.No.70) : 2018 (5) MLJ 350 : 2018 (3) RAJ 549 : 2018 (2) RCR (Civil) 909 : 2018 (6) Scale 545 : (2018) 6 SCC 534 : C.A. No. 2268 of 2018 02-05-2018

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

Armed Forces Tribunal Act, 2007 - Jurisdiction - Service Conditions. Lt. Col. Vijaynath Jha v. Union of India, AIR 2018 SC 2746 : JT 2018 (5) SC 286 : 2018 (7) SCALE 626 : (2018) 7 SCC 303 C.A. No. 2020 of 2013 18-05-2018

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

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

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

Banking Law - Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 - Union Bank of India (Employees’) Pension Regulations, 1995. United Bank of India v. United Bank of India Retirees Welfare Association, AIR 2018 SC 2941 C.A. No. 5252 of 2018 16-05-2018

CBI Investigation - Jat Agitation. Dilawar v. State of Haryana, AIR 2018 SC 2269 : 2018 All.M.R. (Cri.) 2678 : 2018 (7) Scale 457 : 2018 (4) SLT 90 M.A. No. 267 of 2017 01-05-2018

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

CBI Investigation can be entrusted for instilling confidence in the minds of Victims as well as Public at Large. E. Sivakumar v. Union of India, AIR 2018 SC 2486 : 2018 (5) ALD 97 : 2018 (4) Bom.C.R. 436 : 2018 (3) Crimes 37 : 2018 (3) CTC 568 : JT 2018 (6) SC 39 : 2018 (3) RCR (Criminal) 111 : 2018 (7) Scale 656 : (2018) 7 SCC 365 bit.ly/2JayLOQ 18-05-2018

Central Excise Act, 1944 - Determination of Value of exigible goods. CCE v. Grasim Industries Ltd., 2018 (360) ELT 769 : 2018 (7) Scale 370 : (2018) 7 SCC 233 C.A. No. 3159 of 2004 11-05-2018

Civil Law - Delay condoned - Leave granted. Sarup Singh v. State of Haryana, 2018 (9) Scale 251 C.A. 6763 of 2018 18-07-2018

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

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

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

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

Civil P.C. 1908 - O. 8 R. 1 Proviso - Written Statement - Extension of Period of Filing - Court has discretion to allow defendant to file Written Statement beyond that period in exceptional cases for proper and satisfactory reasons to be recorded in writing - Onus is on defendant to plead and show convincing and cogent reason for filing Written Statement beyond prescribed period. Atcom Technologies Ltd. v. Y.A. Chunawala & Co., 2018 (4) Bom.C.R. 452 : 2018 (7) SCALE 35 : (2018) 6 SCC 639 : 2018 (2) RCR (Civil) 1001 C.A. No. 4266 of 2018 07-05-2018

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

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

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

Civil P.C. 1908 - Second Appeal - Substantial Question of Law - High Court jurisdiction to frame additional questions - Such questions should arise in the appeal - assign the reasons for framing the additional questions - frame the questions at the time of hearing the appeal. Vijay Arjun Bhagat v. Nana Laxman Tapkire, AIR 2018 SC 2625 : 2018 (4) Bom.C.R. 442 : 2018 (4) CTC 290 : JT 2018 (5) SC 257 : 2018 (3) RCR (Civil) 1 : 2018 (7) Scale 331 : (2018) 6 SCC 727 C.A. No. 6272 of 2010 11-05-2018

Clerical Error - Whether a ‘clerical error’ can be corrected “at any time” or only within a reasonable time. Telangana Housing Board v. Azamunisa Begum C.A. No. 4632 of 2018 01-05-2018

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

Competition Act, 2002 - Ss. 19(1)(a) r/w 3 - B. Himmatlal Agrawal Partner v. Competent Commission of India, AIR 2018 SC 2804 : 2018 (7) Scale 614 C.A. No. 5029 of 2018 18-05-2018

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

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

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

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

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

Constitution of India - Arts. 234 r/w. 309 - Jharkhand Judicial Service (Recruitment) Rules, 2004. Ashok Kumar v. State of Jharkhand, AIR 2018 SC 2386 : 2018 (103) AllCC 969 : 2018 (3) Bom.C.R.(Cri.) 121 : 2018 (3) MLJ (Cri) 148 : 2018 (7) Scale 350 C.A. No. 877 of 2018 11-05-2018

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

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

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

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

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

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

Constitution of India, 1950 - Articles 243 to 243­O - Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 - S.15(2) - No confidence motion against the Pramukh. Kiran Pal Singh v. State of Uttar Pradesh, AIR 2018 SC 3000 : 2018 (7) Scale 605 bit.ly/ca2622of2018 17-05-2018

Consumer Protection - Inadequate Infrastructure. State of Uttar Pradesh through Principal Secretary v. All U.P. Consumer Protection Bar Association, (2018) 7 SCC 423 : 2018 (7) SCALE 636 C.A. No. 2740 of 2007 18-05-2018

Consumer Protection Act, 1986 - Ss. 25 & 27 - Execution of Awards - Insurance - Loss - Compensation. Meenakshi Saxena v. ECGC Ltd. (Formerly known as Export Credit Guarantee Corporation of India Ltd.), AIR 2018 SC 2831 : 2018 (5) ALD 120 : 2018 (4) ALT 4 : 2018 (3) RCR (Civil) 4 : 2018 (7) Scale 639 C.A. No. 5681 of 2018 18-05-2018

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

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

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

Criminal Appeal - No discussion on the defence evidence - Appellant cannot blame the High Court, since he failed to appear before the High Court when the matter was taken up for hearing. K.S. Kalinga Rayan @ Kalingaraju v. State Rep. By The Inspector of Police, 2018 (8) Scale 632 Crl.A. No. 787 of 2018 18-05-2018

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

Criminal Law - Murder - Culpable Homicide - ‘Motive’ is an emotion which compels the person to do a particular act. Khurshid Ahmed v. State of Jammu and Kashmir, AIR 2018 SC 2457 : 2018 (103) AllCC 957 : 2018 CriLJ 4442 : 2016 (2) JKJ 91 : JT 2018 (5) SC 145 bit.ly/CrlA872of2015 15-05-2018

Criminal P. C. 1973 - S. 407 - Transfer of case within the State when permissible. Sarasamma @ Saraswathiyamma v. State, AIR 2018 SC 2287 : JT 2018 (5) SC 125 : 2018 (7) SCALE 304 : (2018) 7 SCC 339 Crl.A. No. 713 of 2018 09-05-2018

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

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

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

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

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

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

Criminal P.C. 1973 - S.482 - Contempt of Courts Act, 1971 - S.12 - Penal Code, 1860 - S.498A. Meenal Bhargava v. Naveen Sharma, AIR 2018 SC 2839 : 2018 (5) ALD 20 : 2018 (7) Scale 288 : 2018 (4) SLT 155 C.A. No. 1606 of 2018 09-05-2018

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

Criminal P.C. 1973 - Ss. 24 & 25 - Assistant Public Prosecutors cannot claim parity with Public Prosecutors in respect of age of superannuation. Kerala Assistant Public Prosecutors Association v. State of Kerala, AIR 2018 SC 2652 : 2018 (2) KHC 983 : 2018 (2) KLT 926 : 2018 (7) Scale 516 : (2018) 7 SCC 314 bit.ly/CA3792of2010 17-05-2018

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

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

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

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 - 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

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

Criminal Trial - Lapses in the Investigation - We cannot hazard a guess whether such lapses occurred because of the general inefficiency of the system or as a consequence of a concerted effort made to protect the accused. The law of this country is not that people are convicted of offences on the basis of doubts. Rupinder Singh Sandhu v. State of Punjab, AIR 2018 SC 2395 : 2018 (103) AllCC 977 : 2018 (3) Bom.C.R.(Cri.) 93 : 2018 CriLJ 2935 : 2018 (2) JKJ 129 : JT 2018 (5) SC 182 http://bit.ly/CrlA58of2007 15-05-2018

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

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

Education - Academic Nature - Key Answer - When there are conflicting views, then the court must bow down to the opinion of the experts. Judges are not and cannot be experts in all fields and, therefore, they must exercise great restraint and should not overstep their jurisdiction to upset the opinion of the experts. Uttar Pradesh Public Service Commission v. Rahul Singh, AIR 2018 SC 2861 : JT 2018 (6) SC 102 : 2018 (8) SCALE 25 : (2018) 7 SCC 254 C.A. No. 5838 of 2018 14-06-2018

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

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

Education Law - UP Basic Education Act, 1872 - UP Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978. District Basic Education Officer Allahabad v. Sushila Jaiswal, JT 2018 (5) SC 282 bit.ly/ca5628of2018 17-05-2018

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

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

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

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

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

Employment Law - Mahatma Gandhi National Rural Employment Guarantee Act, 2005. Swaraj Abhiyan v. Union of India, AIR 2018 SC 3670 : 2018 (7) Scale 679 bit.ly/wpc857of2015 18-05-2018

Environmental Law - Inter State River Water Disputes Act, 1956 - Cauvery Water Management Scheme. State of Tamil Nadu v. P.K. Sinha, 2018 (5) MLJ 243 : 2018 (7) Scale 664 : (2018) 7 SCC 403 Cont.P. (C) No. 898 of 2018 18-05-2018

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

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

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

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

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

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

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

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

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

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

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

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

Family Law - Reversal of the decree of nullity - Apeal - parties agreed for a mediation before the Supreme Court Mediation Center - Settlement. Santosh Kumar Mishra v. Neeru Mishra, 2018 (8) Scale 631 C.A. No. 5629 of 2018 17-05-2018

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

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

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

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

Hajj Pilgrimage - Private Tour Operators (PTOs) - Grant of Compensation. United Air Travel Services Through Its Proprietor A.D.M. Anwar Khan Vs. Union of India Ministry of External Affairs Through Secretary, AIR 2018 SC 2264 : JT 2018 (5) SC 17 : 2018 (7) Scale 1 W.P. (C) No. 631 of 2016 07-05-2018

Hereditary Offices Act (Maharashtra). Eureka Builders v. Gulabchand, 2018 (5) MLJ 610 : 2018 (7) Scale 62 C.A. No. 4757 of 2018 03-05-2018

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

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

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

Hindu Succession Act, 1956 - S. 14(1). Basanti Devi v. Rati Ram, AIR 2018 SC 2336 : 2018 (4) ALT 1 : JT 2018 (5) SC 245 : 2018 (3) RCR (Civil) 62 C.A. No. 7919 of 2011 08-05-2018

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

Income Tax - Whether the material found in the course of survey in the premises of the builder could be used in Block Assessment of the assessee. Commnr. of Income Tax, Chennai v. S. Ajit Kumar Thr. Its Managing Director, AIR 2018 SC 2930 : JT 2018 (4) SC 612 : 2018 (6) Scale 592 : (2018) 8 SCC 107 C.A. No. 10164 of 2010 02-05-2018

Income Tax Act, 1961 - S. 80-IA. Mahabir Industries v. Principal Commissioner of Income Tax, 2018 (7) Scale 618 C.A. No. 4765 of 2018 18-05-2018

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

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 - 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

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

Industrial Disputes Act, 1947 - Ss. 20, 29 - Industrial Disputes (Central) Rules, 1957 - Rr. 10B(9), 22, 24 - Commencement and conclusion of proceedings - Penalty for breach of settlement or award - Board, Court, Labour Court, Tribunal, National Tribunal or Arbitrator may proceed ex parte - Power of Boards, Courts, Labour Courts, Tribunals and National Tribunals - Whether the Industrial Tribunal / Labour Court is functus officio after the award has become enforceable, and is thus, prevented from considering an application for setting aside an ex parte award - Held, In case a party is able to show sufficient cause within a reasonable time for its non-appearance in the Labour Court/Tribunal when it was set ex parte, the Labour Court/Tribunal is bound to consider such an application and the application cannot be rejected on the ground that it was filed after the award had become enforceable. The Labour Court/Tribunal is not functus officio after the award has become enforceable as far as setting aside an ex parte award is concerned. It is within its powers to entertain an application as per the scheme of the Act and in terms of the rules of natural justice. It needs to be restated that the Industrial Disputes Act, 1947 is a welfare legislation intended to maintain industrial peace. In that view of the matter, certain powers to do justice have to be conceded to the Labour Court/Tribunal, whether we call it ancillary, incidental or inherent. Haryana Suraj Malting Ltd. v. Phool Chand, AIR 2018 SC 2670 : 2018 (4) Mh.L.J. 12 : 2018 (7) Scale 706 C.A. No. 5650 of 2018 18-05-2018

Industrial Disputes Act, 1947- Grant of pay scale is a highly technical and complex matter, which requires consideration of a host of factors, such as the qualifications for the posts, the method of recruitment, the nature of duties, etc. Therefore, the Courts/ Tribunal are loathe to interfere in matters with regard to grant of pay­scale. DTC Security Staff Union (Regd.) v. DTC, JT 2018 (4) SC 633 : 2018 (7) Scale 323 C.A. No. 5005 of 2018 11-05-2018

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

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

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

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

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

Labour Law - Reduction of onetime compensation in lieu of reinstatement on account of the alleged illegal termination. Shyamali Chatterejee v. Municipal Corp. Bhilai, 2018 (8) Scale 625 C.A. No. 5148 of 2018 14-05-2018

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

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

Land Acquisition - fixation of land value. State of Punjab v. Puro Devi, C.A. No. 8431 of 2018 21-08-2018

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

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

Land Acquisition Act, 1894 - S. 4(1). Loveleen Kumar v. State of Haryana, 2018 (3) RCR (Civil) 127 : 2018 (7) Scale 596 C.A. No. 5261 of 2018 16-05-2018

Land Acquisition Act, 1894 - S. 4. Raj Kumar Gandhi v. Chandigarh Administration, 2018 (3) RCR (Civil) 56 : 2018 (7) Scale 313 C.A. No. 4265 of 2008 11-05-2018

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

Land Acquisition Act, 1894 - S. 6(1). Raj Kumar v. State of Punjab, 2018 (9) Scale 488 C.A. No. 4764 of 2018 03-05-2018

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

Land Acquisition Act, 1894 - S.4 - Grant of compensation based on capitalisation method. Bilquis v. State of Maharashtra, 2018 (7) Scale 422 : (2018) 7 SCC 530 C.A. No. 5008 of 2018 11-05-2018

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

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

Land Acquisition Act, 1984 - S. 28 - Compensation. Patni Hushenbhai Sidibhai Kotvalav. National Highways Authority of India, 2018 (3) RCR (Civil) 307 C.A. No. 5150 of 2018 14-05-2018

Land Development Authority - Price of Land - Return the Money with Interest. Mohini Dang v. State of U.P. C.A. No. 4988 of 2018 10-05-2018

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

Land Law - Aquisition - Land value fixed by the High Court. State of Haryana v. Parveen Kumar, 2018 (8) Scale 630 C.A. No. 5545 of 2018 16-05-2018

Legal Education - Common Law Admission Test (CLAT) 2018 - Loss of Time due to Inefficiency of Facilities - Normalization Formula - Examination need not be held afresh. Disha Panchal v. Union of India, AIR 2018 SC 2824 : JT 2018 (6) SC 69 : 2018 (8) Scale 15 W.P.(C) No. 551 of 2018 13-06-2018

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

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

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

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

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

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

Medical Education - Establishment of Medical College Regulation (Amendment), 2010 (Part II) - Reg. 8(3)(1)(a) - Large scale deficiencies found in the inspection report. Medical Council of India v. Vedantaa Institute of Academic Excellence, AIR 2018 SC 2642 : 2018 (4) Bom.C.R. 256 : JT 2018 (5) SC 443 : 2018 (5) MLJ 490 : 2018 (8) SCALE 9 C.A. No. 5805 of 2018 01-06-2018

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

Medical Education - Postgraduate Medical Education (Amendment) Regulations, 2018. Rachit Sinha v. Union of India, AIR 2018 SC 2153 : 2018 (3) All.M.R. 940 : 2018 (6) Scale 616 W.P. (C) No. 357 of 2018 03-05-2018

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

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

Mines and Minerals (Development and Regulations) Act, 1957 - S. 17A(2) - Request of a State Government for reservation of lands for government companies or corporations owned and controlled by the State Government - Role and Power of the Central Government. Geomysore Services (i) Pvt. Ltd. v. Hutti Goldmines Co. Ltd., AIR 2018 SC 2305 : JT 2018 (5) SC 158 : (2018) 6 SCC 791 : 2018 (7) Scale 43 C.A. No. 2537 of 2017 08-05-2018

Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 (Uttar Pradesh) - S. 4(3) - Natural resources, public lands and public goods like government bungalows/official residence are public property and “Doctrine of Equality” which emerges from concepts of justice, fairness must guide State in distribution/allocation of same. Lok Prahari through Its General Secretary v. State of Uttar Pradesh; AIR 2018 SC 2209 : JT 2018 (5) SC 1 : 2018 (7) SCALE 8 : (2018) 6 SCC 1 W.P. (C) No. 864 of 2016 07-05-2018

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

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

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

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

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

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 - 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

Motor Vehicles Act, 1988 - S. 104 - Restriction on grant of permits in respect of a notified area or notified route. Kerala State Road Transport Corporation v. Baby P.P., AIR 2018 SC 2909 : 2018 (2) KLJ 888 : 2018 (2) KLT 974 : 2018 (3) RCR (Civil) 12 : 2018 (7) Scale 531 C.A. No. 5257 of 2018 16-05-2018

Motor Vehicles Act, 1988 - S. 166 - Permit. Amrit Paul Singh v. Tata AIG General Insurance Co. Ltd., AIR 2018 SC 2662 : 2018 (3) RCR (Civil) 131 bit.ly/ca2253of2018 17-05-2018

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

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

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.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

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

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

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

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

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

Navy (Pension) Regulations, 1964 - Ex-Navy Direct Entry Artificers are entitled to special pension instead of reservist pension. Ex Navy Direct Entry Artificers Assn. v. Union of India, AIR 2018 SC 2340 : (2018) 7 SCC 386 : JT 2018 (5) SC 38 : 2018 (7) SCALE 73 C.A. No. 6785 of 2014 08-05-2018

NEET - All India Quota. Dr. Rachit Sinha v. Union of India, 2018 (7) Scale 322 M.A. No. 2018 11-05-2018

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

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

Negotiable Instruments Act, 1881 - S.138 - Criminal P.C. 1973 - S.401 - High Court' s Powers of revisions - Revision against Conviction - Condition of deposit of 1/4th of the cheque amount - Senior Citizen - High Court to dispose of the Revision Petition expeditiously preferably within six months - the interim direction issued by the High Court for deposit of 1/4th of the cheque amount is vacated. M.V. Amreeth v. K. Venkata Krishna, 2018 (3) RCR (Criminal) 293 : 2018 (8) Scale 629 : (2018) 8 SCC 118 Crl.A. No. 747 of 2018 15-05-2018

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

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

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

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

Partition - Preliminary Decree - Where any party aggrieved by a preliminary decree passed, does not appeal from such decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree. Selvi v. Gopalakrishnan Nair, 2018 (4) MLJ 762 : 2018 (7) SCALE 385 : (2018) 7 SCC 319 bit.ly/CA21834of2017 15-05-2018

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

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

Penal Code, 1860 - Exception 4 to Section 300 IPC. Gurwinder Singh @ Sonu v. State of Punjab, AIR 2018 SC 2277 : 2018 (3) Bom.C.R.(Cri.) 57 : 2018 CriLJ 2974 : 2018 (2) JKJ 162 : JT 2018 (5) SC 30 : 2018 (2) MPWN 148 : 2018 (2) RCR (Criminal) 980 : 2018 (4) SLT 73 Crl.A. No. 2301 of 2014 08-05-2018

Penal Code, 1860 - Ingredients and applicability of Exception 4 to S. 300. Manoj Kumar v. State of H.P., AIR 2018 SC 2693 : 2018 (2) JKJ 80 : JT 2018 (6) SC 107 : 2018 (7) SCALE 434 : (2018) 7 SCC 327 Crl.A. No. 795 of 2011 15-05-2018

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 - 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

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

Penal Code, 1860 - S. 302 &148 - Bombay Police Act - 135(1). Vinubhai Ranchhodbhai Patel v. Rajivbhai Dudabhai Patel, AIR 2018 SC 2472 : 2018 (7) Scale 474 bit.ly/CrlA1525of2009 16-05-2018

Penal Code, 1860 - S. 302, 323 & 324 - Culpable Homicide - Voluntary causing hurt by dangerous weapons or means - Acquittal. Kumar v. State Rep. By Inspector of Police, AIR 2018 SC 2386 : 2018 (2) JKJ 48 Crl.A. No. 409 of 2017 11-05-2018

Penal Code, 1860 - S. 498A - Prohibition of Harassment of Women Act, 1998 (Tamil Nadu) - S.4-A(1)(2)(i). Manoharan v. State of Tamil Nadu, AIR 2018 SC 2322 : JT 2018 (5) SC 122 : 2018 (4) SLT 224 : 2018 (3) RCR (Criminal) 291 : 2018 (7) SCALE 310 Crl.A. No. 1340 of 2013 09-05-2018

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

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

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

Penal Code, 1860 - Ss, 376, 342, 493, 506 & 354 (C) - Cancellation of Bail. Ms. X v. State of Telangana, AIR 2018 SC 2466 : 2018 (7) Scale 494 : 2018 (3) RCR (Criminal) 101 bit.ly/CrlA716of2018 17-05-2018

Penal Code, 1860 - Ss. 143, 341, 323, 308 332 & 353 - Criminal P.C. 1973 - S. 438. Prem Giri v. State of Rajasthan, AIR 2018 SC 2145 : 2018 (2) Crimes 332 : JT 2018 (4) SC 582 : 2018 (3) RCR (Criminal) 3 : 2018 (6) Scale 577 : (2018) 6 SCC 571 : 2018 (4) SLT 147 Crl.A. No. 662 of 2018 02-05-2018

Penal Code, 1860 - Ss. 299, 302, 304. Tularam v. State of Madhya Pradesh, AIR 2018 SC 2146 : 2018 (1) ALD (Cri) 740 : 2018 All.M.R. (Cri.) 3161 : 2018 (3) Bom.C.R. (Cri.) 151 : 2018 (2) Crimes 330 : 2018 CriLJ 2590 : 2018 (2) JLJ 206 : JT 2018 (4) SC 579 : 2018 (6) Scale 555 : (2018) 7 SCC 777 Crl.A. No. 663 of 2018 02-05-2018

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

Penal Code, 1860 - Ss. 302 & 326 - High Court was justified in convicting the accused for the offence under Section 326, IPC, but was not justified in convicting the appellant for the offence under Section 302, IPC - Appeal is allowed in part. Jayaswamy v. State of Karnataka, AIR 2018 SC 2648 : 2018 (3) Bom.C.R. (Cri.) 1 : JT 2018 (5) SC 438 : 2018 (8) Scale 3 : (2018) 7 SCC 219 Crl.A. No. 1022 of 2011 01-06-2018

Penal Code, 1860 - Ss. 302 r/w. 201. Satpal v. State of Haryana, AIR 2018 SC 2142 : 2018 (1) ALD (Cri) 749 : 2018 (2) ALT (Cri) 281 : 2018 (2) Crimes 318 : JT 2018 (4) SC 622 : 2018 (2) RCR (Criminal) 935 : 2015 (6) Scale 494 : (2018) 6 SCC 610 Crl.A. No. 1892 of 2017 01-05-2018

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

Penal Code, 1860 - Ss. 302/34. Chandra Bhawan Singh v. State of Uttar Pradesh, AIR 2018 SC 2205 : 2018 (1) ALD (Cri) 1004 : 2018 (103) AllCC 945 : 2018 (2) Crimes 320 : 2018 (3) JKJ 16 : JT 2018 (5) SC 25 : 2018 (2) MLJ(Cri) 695 : 2018 (6) Scale 498 : (2018) 6 SCC 670 : 2018 (4) SLT 56 Crl.A. No. 654 of 2018 01-05-2018

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

Penal Code, 1860 - Ss. 306 - Abetment of Suicide -‘Workload’ or ‘work stress’, by itself, is not a ground to prove a charge of abetment to suicide against the employer / superior officer. Vaijnath Kondiba Khandke v. State of Maharashtra, AIR 2018 SC 2659 : JT 2018 (5) SC 243 : 2018 (3) RCR (Criminal) 133 bit.ly/CrlA765of2018

Penal Code, 1860 - Ss. 307, 323, 149 & 148 - Dispute related to watering of field from tubewell of accused - Infliction of several injuries using lethal weapons - Conviction of accused confirmed. Suresh Singh v. State of Madhya Pradesh, AIR 2018 SC 2383 : 2018 (103) AllCC 992 : JT 2018 (5) SC 131 : 2018 (3) RCR(Criminal) 1 : 2018 (7) SCALE 327 : (2018) 7 SCC 381 Crl.A. No. 1586 of 2009 11-05-2018

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

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. 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

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

Penal Code, 1860 - Ss. 364 & 302/34. Murugan v. State of Tamil Nadu, AIR 2018 SC 2149 : 2018 (1) ALD (Cri) 744 : 2018 (2) Crimes 333 : 2018 (2) JKJ 119 : JT 2018 (5) SC 177 : 2018 (6) Scale 586 : 2018 (4) SLT 234 Crl.A. No. 1498 of 2010 02-05-2018

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

Penal Code, 1860 - Ss. 420, 423, 424, 464 & 465 - Information Technology Act, 2000 - Forgery. Sheila Sebastian v. R. Jawaharaj, AIR 2018 SC 2434 : 2018 (3) Bom.C.R. (Cri.) 133 : 2018 (3) MLJ(Cri) 39 : 2018 (3) RCR (Criminal) 234 : 2018 (7) Scale 362 Crl.A. No. 359 of 2010 11-05-2018

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

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

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

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

Preservation of Mahakaleshwar Linga. Sarika v. Administrator, Mahakaleshwar Mandir Committee, Ujjain (MP), 2018 (6) Scale 651 C.A. No. 4676 of 2018 02-05-2018

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

Prevention of Corruption Act, 1988 - S.13 - Criminal P.C. 1973 - S.154. State. by Lokayukta Police v. H. Srinivas, AIR 2018 SC 2701 : 2018 (3) Bom.C.R. (Cri.) 274 : JT 2018 (5) SC 387 : 2018 (3) RCR (Criminal) 119 : 2018 (7) Scale 649 Crl.A. No. 775 of 2018 18-05-2018

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

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. Alakh Alok Srivastava v. Union of India, AIR 2018 SC 2440 : 2018 AllCJ 1461 : 2018 (2) ALD (Cri) 170 : 2018 (3) ALD 179 : 2018 (3) Bom.C.R. 746 : 2018 (2) Bom.C.R.(Cri.) 711 : 2018 (2) Crimes 324 : 2018 CriLJ 2929 : 2018 (2) JLJ 259 : JT 2018 (4) SC 625 : 2018 (2) KLT SN 57 (C.No.68) : 2018 (7) Scale 88 : (2018) 5 SCC 651 : 2018 (2) SCC (Cri) 815 W.P. (C) No. 76 of 2018 01-05-2018

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

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

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

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

Public Interest Litigation - Parliamentary Standing Committee - Report - Probative Value. Kalpana Mehta v. Union of India, AIR 2018 SC 2493 : (2018) 7 SCC 1 : 2018 (7) SCALE 106 W.P. (C) No. 558 of 2012 09-05-2018

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

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

Public Service Commission - Correctness of final key answers. Richal v. Rajasthan Public Service Commission, 2018 (5) MLJ 337 : 2018 (6) Scale 639 : (2018) 8 SCC 81 C.A. No. 4695 of 2018 03-05-2018

Railways Act, 1989 - S. 124A - Untoward Incident. Union of India v. Rina Devi, AIR 2018 SC 2362 : 2018 (4) ALT 28 : 2018 (3) Bom.C.R. 729 : 2018 (2) KLT 1060 : 2018 (3) RCR (Civil) 40 : 2018 (7) Scale 274 : 2018 (4) SLT 44 C.A. No. 4945 of 2018 09-05-2018

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

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

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

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

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

Representation of the People Act, 1951 - Bye-Elections. Pramod Laxman Gudadhe v. Election Commission of India, AIR 2018 SC 2356 : 2018 (7) Scale 298 S.L.P. (C) No. 9968 of 2018 09-05-2018

Res Judicata - Dismissal of application to set aside auction sale on ground of irregularity or fraud - No appeal was filed - Confirmation of sale was not questioned - Applicant would be barred from bringing fresh suit to set aside sale on same ground. Siddagangaiah v. N.K. Giriraja Shetty, AIR 2018 SC 3080 : 2018 (5) ALD 75 : 2018 (7) SCALE 556 : (2018) 7 SCC 278 C.A. No. 5007 of 2018 11-05-2018

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

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

Right of Children to Free and Compulsory Education Act, 2009 State of Kerala v. Mythri Vidya Bhavan English M. Sch., AIR 2018 SC 2258 : 2018 (3) All.M.R. 944 : 2018 (3) JLJR 155 : 2018 (2) KLT 795 : 2018 (5) MLJ 233 : 2018 (3) PLJR 145 : 2018 (6) Scale 570 S.L.P. (C) No. 18475 of 2013 02-05-2018

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

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - S. 34. Authorised Officer, State Bank of India v. Allwyn Alloys Pvt. Ltd., 17-05-2018 bit.ly/ca5248of2018

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Delay of 14 days - DRT declined to condone the delay. Neel Enterprises v. State Bank of India C.A. No. 4989 of 2018 10-05-2018

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

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

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

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 - Aggrieved by Transfer as a Medical Officer - Appeal allowed. Lakshmi Narayan Singh v. State of Bihar, 2018 (8) Scale 63 C.A. No. 4920 of 2018 08-05-2018

Service Law - 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

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

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

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 - Compassionate Appointment - Family had managed to survive for over ten years and, therefore, there was no immediate necessity - this cannot be a major reason for rejection - Whether the family pulled on begging or borrowing also should have been one consideration - the widow had already been empaneled for appointment under the Compassionate Appointment Scheme, but was declined the benefit only on account of crossing the age - Her daughter should be considered for compassionate appointment. Supriya Suresh Patil @ Sow Supriya Pratik Kadam v. State of Maharashtra, 2018 (8) Scale 627 C.A. No. 5216 of 2018 09-05-2018

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

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 - Disciplinary Proceedings - Penalty of withholding 15% of the monthly pension for a period of one year. E.K. Narayanan v. Union of India, 2018 (8) Scale 625 C.A. No. 5607 of 2018 16-05-2018

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

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

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

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

Service Law - Judicial Service - Judicial Officers - Fast Track Court Judges - Regular Judicial Service - Pensionary Benefits. Mahesh Chandra Verma v. State of Jharkhand, AIR 2018 SC 2924 : 2018 (7) Scale 343 C.A. No. 4782 of 2018 - 11-05-2018

Service Law - Merely because a Candidate finds a Place in the Merit List does not given an Indefeasible Right to Appointment. Gurmeet Pal Singh v. State of Punjab, 2018 (7) Scale 394 http://bit.ly/CA4853of2018 15-05-2018

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 - Physical Instructor - Being thus in a teaching post, he is entitled to continue up to 62 years like other teachers. Narendra Dev Univesity of Agriculture and Technology v. Bhupendra Singh Rawat, 2018 (8) Scale 634 C.A. No. 5696 of 2018 18-05-2018

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

Service Law - Promotion - Passenger Guard. Rama Nath Jha v. Union of India, 2018 (8) Scale 633 C.A. No. 5668 of 2018 18-05-2018

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

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

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

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

Service Law - Review Petitions - Dismissed. R. Balakrishna Bhat v. Bank of Baroda, 2018 (7) Scale 592 C.A. No. 3762 of 2014 16-05-2018

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

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

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

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

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

Society - Multi-State Cooperative Societies Act, 2000. Writers and Publisher Pvt Ltd. v. A. K. Mishra Official, 2018 (7) Scale 521 Cont.P. (C) No. 1665 of 2017 17-05-2018

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

Succession Act, 1925 - Ss. 24, 25, 26 33, 47, 48 - Kindred or Consanguinity - Lineal Consanguinity - Collateral consanguinity - Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred - Where intestate has left neither lineal descendant, nor father, nor mother - Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister. B.C. Singh v. J.M. Utarid, AIR 2018 SC 2374 : 2018 (4) ALT 17 : 2018 (3) RCR (Civil) 49 C.A. No. 6935 of 2011 08-05-2018

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

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

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

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

Town Planning - Delhi Development Act, 1957 - S.11A - Delhi Development (Master Plan and Zonal Development Plan) Rules 1959 - Rr. 5& 7 - Public notice regarding preparation of Master Plan - Notice to and representation from local authorities. M.C. Mehta v. Union of India, JT 2018 (5) SC 383 : 2018 (8) Scale 42 W.P. (C) No. 4677 of 1985 24-05-2018

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

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

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

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

Tribunal System - Restructuring of. Rojer Mathew v. South Indian Bank, 2018 (13) GSTL 129 : 2018 (7) Scale 29 S.L.P. (C) No. 15804 of 2017 07-05-2018

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

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

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