Aadhaar - Whether the Aadhaar Project creates or has tendency to create surveillance state and is, thus, unconstitutional on this ground - Whether the Aadhaar Act violates right to privacy and is unconstitutional on this ground - Discussed. Justice K.S. Puttaswamy (Retd.) v. Union of India, 2018 (12) Scale 1 W.P. (C) No. 494 of 2012 26-09-2018
Advocates Act, 1961 - Salary, Allowances and Pension of Members of Parliament Act, 1954 - Bar Council of India Rules - Rule 49. Ashwini Kumar Upadhyay v. Union of India, 2018 (4) JLJR 70 : JT 2018 (9) SC 449 : 2018 (4) RCR (Civil) 497 : 2018 (11) Scale 459 : 2018 (7) SLT 625 W.P. (C) No. 95 of 2018 25-09-2018
Arbitration - Vague Arbitration Clause - Option of Arbitration or Court Adjudication - Intention of Parties to Arbitrate is vital, even if the dispute resolution clause is vague - Choice of the Parties to be respected if a contract clause gives option of arbitration or court adjudication - Clause 15 refers to arbitration or court. It, therefore, gives an option. Since petitioner chose arbitration, a sole Arbitrator is appointed. Zhejiang Bonly Elevator Guide Rail Manufacture Co. Ltd. v. Jade Elevator Components, AIR 2018 SC 4271 : 2018 (5) ArbLR 178 : JT 2018 (9) SC 84 : 2018 (5) RAJ 464 : 2018 (11) Scale 188 : (2018) 9 SCC 774 Arb.C. No. 22 of 2018 14-09-2018
Arbitration and Conciliation Act, 1996 - S. 11(9) - existence of arbitration clause meant for determination of dispute by arbitration. Trans Asian Shipping Services (Pvt.) Ltd. v. Beacon Shipping Lines Ltd. Represented by Mr. Mohammed S. Aslam Managing Director, 2018 (5) ArbLR 182 : JT 2018 (9) SC 314 : 2018 (5) RAJ 652 : 2018 (4) RCR (Civil) 313 : 2018 (13) Scale 1 Arb.C. No. 20 of 2012 19-09-2018
Arbitration and Conciliation Act, 1996 - S.34 - the word "place" cannot be used as seat. To elaborate, a venue can become a seat if something else is added to it as a concomitant. But a place unlike seat, at least as is seen in the contract, can become a seat if one of the conditions precedent is satisfied. It does not ipso facto assume the status of seat. Union of India v. Hardy Exploration and Production (India) INC, AIR 2018 SC 4871 : 2018 (5) ArbLR 226 : 2018 (5) RAJ 1 : 2018 (4) RCR (Civil) 614 : 2018 (11) Scale 733 C.A. No. 4628 of 2018 25-09-2018
Arbitration and Conciliation Act, 1996 - Section 34 (3) - Limitation Act, 1963 - Section 17 - Condonation of a delay caused on the account of alleged fraud played on the objector (party challenging the award) beyond the period prescribed - Once the party has received the Award, the limitation period under Section 34(3) of the Arbitration Act commences. Section 17 of the Limitation Act would not come to the rescue of such objecting party. P. Radha Bai v. P. Ashok Kumar, 2018 (5) ArbLR 204 : 2018 (4) RCR (Civil) 571 : 2018 (13) Scale 60 C.A. No. 7710 of 2013 26-09-2018
Arbitration and Conciliation Act, 1996 - Ss. 48 & 49 - A foreign award has not borne stamp duty under the Indian Stamp Act, 1899 would not render it unenforceable. Shriram EPC Limited v. Rioglass Solar SA, AIR 2018 SC 4539 : 2018 (5) ArbLR 161 : 2018 (5) CTC 770 : 2018 (3) JLJ 584 : JT 2018 (9) SC 148 : 2018 (4) KLT 265 : 2018 (5) RAJ 359 : 2018 (4) RCR (Civil) 317 : 2018 (11) Scale 108 C.A. No. 9515 of 2018 13-09-2018
Arms Act, 1959 - Ss. 25(1)(A), 25(1AA) r/w. 35 - Recovery of six live cartridges from a car - Conviction - Sustainability. Mohmed Rafiq Abdul Rahim Shaikh v. State of Gujarat, AIR 2018 SC 4292 : 2018 (3) Crimes 520 : JT 2018 (9) SC 114 : 2018 (11) Scale 227 : 2018 (7) SLT 726 Crl.A. No. 1078 of 2008 13-09-2018
Army Law - Postings and Transfers - Army personnel are duty bound to serve wherever they are ordered to. Maj. Amod Kumar v. Union of India, JT 2018 (8) SC 443 : 2018 (11) Scale 43 : 2018 (7) SLT 715 W.P. (C) No. 918 of 2017 06-09-2018
Ayodhya Case - No case has been made out to refer the Constitution Bench. M. Siddiq (D) Thr. Lrs. v. Mahant Suresh Das, 2018 (11) Scale 667 : 2018 (7) SLT 567C.A. No. 10866 of 2010 27-09-2018
Bail - At the time of considering an application for bail, the Court must take into account certain factors such as the existence of a prima facie case against the accused, the gravity of the allegations, position and status of the accused, the likelihood of the accused fleeing from justice and repeating the offence, the possibility of tampering with the witnesses and obstructing the Courts as well as the criminal antecedents of the accused. It is also well settled that the Court must not go into deep into merits of the matter while considering an application for bail. All that needs to be established from the record is the existence of a prima facie case against the accused. State of Orissa v. Mahimananda Mishra, JT 2018 (9) SC 186 : 2018 (4) Crimes 156 : 2018 (2) OLR 768 : 2018 (11) Scale 239Crl.A. No. 1175 of 2018 18-09-2018
Civil P.C. 1908 - O. 21 Rr. 72 & 85 - Non compliance of mandatory provisions - Since first respondent-corporation is not only the auction purchaser but also a decree holder as well, there is no question of deposit of the auction amount.. Bee Gee Corporation Pvt. Ltd. v. Punjab Financial Corporation, JT 2018 (9) SC 341 : 2018 (4) RCR (Civil) 607 C.A. No. 9651 of 2018 18-09-2018
Civil P.C. 1908 - O.37 R.5 - Requirements of - Commercial transactions executed in relation to supply of coal - Recovery of - Suit is pending - contesting defendants have not yet filed their written statements disclosing their defense - trial in the suit on merits is yet to commence - in such circumstances, any observations on facts would cause prejudice to the rights of the parties while prosecuting the suit on merits. Empee Distilleries Limited v. Gimpex Private Ltd., JT 2018 (9) SC 305 : 2018 (13) Scale 22 C.A. No. 9865 of 2018 24-09-2018
Civil P.C. 1908 - O.41 Rr. 23, 23A, 24 & 25 - Rent Control Act, 1999 (Maharashtra) - S.16(1)(n) - Eviction Suit - Compromise Decree - Execution - Revisionary Court - Remand. Hiya Associates v. Nakshatra Properties Pvt. Ltd., JT 2018 (9) SC 398 : 2018 (4) RCR (Civil) 721 : 2018 (13) Scale 583 C.A. No. 9996 of 2018 26-09-2018
Civil P.C. 1908 - O.9 R.13 - Summary Suit for Eviction - Suit was decreed ex-parte - the possession, which has already been restored to the appellant, shall continue with her, of course, subject to any final orders that may be passed by the High Court in the challenge proposed to be made by the respondent. Rekha Gurunath Mhashelkar v. Yashwant Vichare, C.A. No. 10658 of 2013 19-09-2018
Civil P.C. 1908 - O.XLI R.27 - Additional Evidence - Test for production of - the First Appellate Court would have been within its jurisdiction to permit the party to the proceedings to produce additional evidence before it for full, complete and effectual adjudication of the proceedings - there are two options available to the Appellate Court. First, it may record the evidence itself by permitting the parties to produce evidence before it as per Rule 27 of Order XLI or direct the Court from whose decree the appeal under consideration has arisen, to do so. Uttaradi Mutt v. Raghavendra Swamy Mutt, 2018 (3) JLJ 553 : JT 2018 (10) SC 353 : 2018 (4) RCR (Civil) 723 : 2018 (13) Scale 538 C.A. No. 9333 of 2018 26-09-2018
Civil P.C. 1908 - S. 100 - Second Appeal - Case is remanded to the High Court for deciding the second appeal afresh on merits in accordance with law by properly framing the substantial question (s) of law on the question of ownership of the plaintiffs over the suit land and then to examine as to whether the findings on the said question recorded by two Courts suffer from any error (s) or not. Narayana Gramani v. Mariammal, 2018 (5) CTC 682 : JT 2018 (8) SC 578 : 2018 (11) Scale 91 C.A. No. 5057 of 2009 11-09-2018
Civil P.C. 1908 - Second Appeal - In the second appeal, no question of law much less substantial question of law arose and the substantial question of law framed by the High Court is not a substantial question of law but purely a question of fact in dispute between the parties. Kalyan Singh v. Ravinder Kaur (D) Thr. Lrs., JT 2018 (9) SC 190 C.A. No. 9332 of 2018 11-09-2018
Civil P.C. 1908 - Second Appeal - Remand - Compromise - High Court erred in not considering the question of genuineness and legality of the compromise and straightaway proceeded to decide the second appeal on merits. Muni Reddy v. C. Nagaraju, 2018 (5) ALD 191 : JT 2018 (9) SC 253 : 2018 (11) Scale 370 C.A. No. 2342 of 2008 20-09-2018
Companies Act, 2013 - the observations made in the impugned order may have far reaching consequences and deprive the Competent Authority or the Statutory Authority to proceed in the matter in accordance with the provisions of the Companies Act, 2013 in respect of investigations and including filing of complaint/police report concerning the offences involving serious financial frauds or economic misdemeanor, the impugned order, therefore, deserves to be stayed. Serious Fraud Investigation Office v. Neeraj Singal, 2018 (10) Scale 671 Crl.A. No. 1114 of 2018 04-09-2018
Compromise - parties have settled their disputes between them amicably - They have also filed a joint memo of compromise - The appeals are disposed of in terms of the joint memo of compromise, which shall form part of the decree. C. Kannan v. M. Jayakumari, C.A. No. 5877 of 2016 25-09-2018
Constitution of India - Art. 142 - directs the Punjab National Bank to appoint 29 canteen workers. Punjab National Bank v. PNB Canteen Workers Union (Calcutta), C.A. No. 5112 of 2017 25-09-2018
Constitution of India - Art. 21 - Fundamental Right - Unnecessary Arrest - Reputation of an individual is an insegregable facet of his right to life with dignity. S. Nambi Narayanan v. Siby Mathews, JT 2018 (9) SC 97 : 2018 (4) KHC 598 : 2018 (4) KLJ 242 : 2018 (4) RCR (Criminal) 801 : 2018 (11) Scale 171 : 2018 (7) SLT 310 C.A. No. 6637 of 2018 14-09-2018
Constitution of India - Art.342 - Scheduled Tribes - Limitations on the powers of Supreme Court - Court cannot add to alter or modify the notified list of Schedules Castes and Scheduled Tribes - Court cannot take into consideration any evidence in this regard - Court cannot give such an interpretation to a Caste or Tribe mentioned in the list of notified Scheduled Castes or Scheduled Tribes which would have the effect of nullifying the intention of the Parliament. State of Orissa v. Dasarathi Meher, 2018 (13) Scale 639 C.A. No. 7362 of 2013 27-09-2018
Constitution of India - Article 21 - Public Interest Litigation - Suo Motu Writ Petitions - Rights of Prisoners - Jail Reforms - Supreme Court Committee on Prison Reforms - Directions issued. Re-Inhuman Conditions in 1382 Prisons, 2018 (13) Scale 52 W.P. (C) No. 406 of 2013 25-09-2018
Constitution of India - Arts. 14, 15, 25, 32, & 51A(e) - Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 (Kerala) - R.3(b) - Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 (Kerala) - S.4 - Seeks issuance of directions against the Government of Kerala, Devaswom Board of Travancore, Chief Thanthri of Sabarimala Temple and the District Magistrate of Pathanamthitta to ensure entry of female devotees between the age group of 10 to 50 years to the Lord Ayyappa Temple at Sabarimala (Kerala) which has been denied to them on the basis of certain custom and usage - to declare the 1965 Rules framed in exercise of the powers conferred by the 1965 Act as unconstitutional and further to pass directions for the safety of women pilgrims. Indian Young Lawyers Association v. State of Kerala, JT 2018 (10) SC 19 : 2018 (4) KLT 373 : 2018 (13) Scale 75W.P. (C) No. 373 of 2006 28-09-2018
Constitution of India - Arts. 16, 335, 341, 342 - Equality of opportunity in matters of public employment - Claims of Scheduled Castes and Scheduled Tribes to services and posts. Jarnail Singh v. Lachhmi Narain Gupta, 2018 (5) KarLJ 689 : 2018 (7) SLT 639 : 2018 (4) JLJR 93 : 2018 (4) PLJR 108 : 2018 (11) Scale 530 SLP (c) No. 30621 of 2011 26-09-2018
Constitution of India - Leprosy - Activities of the National Leprosy Eradication Programme (NLEP) must be given wide publicity. Pankaj Sinha v. Union of India, AIR 2018 SC 4297 : JT 2018 (9) SC 87 : 2018 (11) Scale 210 W.P. (C) No. 767 of 2014 14-09-2018
Constitution of India - Writ of Habeas Corpus - Whether could be maintained in respect of a person who is in police custody pursuant to a remand order passed by jurisdictional Magistrate in connection with the offence under investigation. State of Maharashtra v. Tasneem Rizwan Siddiquee, AIR 2018 SC 4167 : 2018 (4) Bom.C.R.(Cri.) 1 : JT 2018 (8) SC 437 : 2018 (4) MLJ(Cri) 211 : 2018 (10) Scale 711 : (2018) 9 SCC 745 Crl.A. No. 1124 of 2018 05-09-2018
Constitution of India, 1950 - A writer should have free play with words, like a painter has it with colours. The passion of imagination cannot be directed. True it is, the final publication must not run counter to law but the application of the rigours of law has to also remain alive to the various aspects that have been accepted by the authorities of the Court. The craftsmanship of a writer deserves respect by acceptation of the concept of objective perceptibility. N. Radhakrishnan @ Radhakrishnan Varenickal v. Union of India, AIR 2018 SC 4154 : 2018 (3) JLJ 330 : 2018 (3) KLT 1042 : JT 2018 (8) SC 450 : 2018 (10) Scale 717 : (2018) 9 SCC 725 W.P.(C) No. 904 of 2018 05-09-2018
Consumer Law - Consumer Disputes Redressal Commission - Appointment of part time female member. Meena Verma v. State of Himachal Pradesh, JT 2018 (9) SC 231 : 2018 (11) Scale 289 C.A. No. 5710 of 2018 19-09-2018
Consumer Protection Act, 1986 - Deficiency in service - purchased one plot from the Urban Planning and Development Authority for the construction of their residential house - respondents caused loss, inconvenience and mental harassment while completing construction of their residential house on the plot which remained incomplete for more than one year - dismissed with costs quantified at Rs.10,000/ payable by the Authority to the respondents. Punjab Urban Planning & Development Authority v. Kanwaljit Singh Ahluwalia, JT 2018 (9) SC 332 : 2018 (13) Scale 465 : 2018 (4) RCR (Civil) 605 C.A. No. 4639 of 2010 25-09-2018
Contempt of Court - Application seeking direction expunging / deleting the remarks made against the counsel. Tehseen Poonawalla v. Union of India, 2018 (13) Scale 320 M.A. No. 1607 of 2018 26-09-2018
Contempt of Courts Act, 1971 - the High Court unjustly proceeded against him without framing formal charges or furnishing such charges to him; and more so because filing of affidavit by the appellant was supported by contemporaneous official record, which cannot be termed as an attempt to obstruct the due course of administration of justice. Accordingly, this appeal ought to succeed. R.S. Sehrawat v. Rajeev Malhotra, AIR 2018 SC 4172 : 2018 (4) Bom.C.R.(Cri.) 14 : 2018 (4) MLJ(Cri) 121 : 2018 (10) Scale 701 : 2018 (7) SLT 462 Crl.A. No. 684 of 2006 05-09-2018
Contract Law - Global Invitation of Request for Qualification (RFQ) - inviting applications from interested persons for the development of the 4th Container Terminal Project on Design, 1 Build, Finance, Operate and Transfer Basis at Jawaharlal Nehru Port. PSA Mumbai Investments Pte. Limited v. Board of Trustees of the Jawaharlal Nehru Port Trust, 2018 (5) ArbLR 185 : JT 2018 (9) SC 127 : 2018 (5) RAJ 511 : 2018 (11) Scale 325 C.A. No. 9352 of 2018 11-09-2018
Criminal Law - Investigating Officer filed a closure report - objections filed by the defacto complainant - Magistrate has issued process under Section 204 Cr.P.C. - Appellant to surrender before the Magistrate. Sandip Pandey @ Sandeep Kumar Pandey v. M/s. Shivam Builders and Developers, Crl.A. No. 1216 of 2018 24-09-2018
Criminal Law - Police force need to develop and recognize the concept of ‘democratic policing’, wherein crime control is not the only end, but the means to achieve this order is also equally important. Yashwant v. State of Maharashtra, AIR 2018 SC 4067 : 2018 (4) Bom.C.R. (Cri.) 20 : 2018 (3) Crimes 491 : 2018 (3) JLJ 242 : JT 2018 (8) SC 405 : 2018 (4) MLJ(Cri) 10 : 2018 (10) Scale 658 : 2018 (7) SLT 434 bit.ly/CrlA385of200804-09-2018
Criminal P.C. 1973 - S. 125 - Whether the quantum of maintenance amount determined by the High Court is just and proper - Discussed. Reema Salkan v. Sumer Singh Salkan, AIR 2018 SC 4606 : JT 2018 (9) SC 390 : 2018 (4) RCR (Criminal) 395 : 2018 (13) Scale 33 Crl.A. No. 1220 of 2018 25-09-2018
Criminal P.C. 1973 - S. 321 - Withdrawal from prosecution - Public Prosecutor or an Assistant Public Prosecutor, as the case may be, has an important role under the statutory scheme and is expected to act as an independent person. He/she has to apply his/her own mind and consider the effect of withdrawal on the society in the event such permission is granted. Abdul Wahab K. v. State of Kerala, AIR 2018 SC 4265 : 2018 (3) Crimes 420 : 2018 (3) GLH 272 : 2018 (11) Scale 99 : 2018 (7) SLT 343 Crl.A. No. 1047 of 2018 13-09-2018
Criminal P.C. 1973 - S.167(2) - On the expiry of the period stipulated, an indefeasible right accrues in favour of the accused for being released on bail on account of default by the investigating agency in the completion of the investigation within the period stipulated and the accused is entitled to be released on bail, if he is prepared to and furnishes the bail as directed by the Magistrate. Achpal @ Ramswaroop v. State of Rajasthan, JT 2018 (9) SC 315 : 2018 (4) KLT 664 : 2018 (4) RCR (Criminal) 433 : 2018 (13) Scale 5 http://bit.ly/CrlA1218of201824-09-2018
Criminal P.C. 1973 - Ss. 30, 31, 421, 427, 428 & 429 - Penal Code, 1860 - Ss. 63, 64, 364A, 395, 397 & 387 - Amount of fine - Sentence of imprisonment for non-payment of fine - Sentence of imprisonment in default of fine - Sentence in cases of conviction of several offences at one trial - Sentence on offender already sentenced for another offence - Period of detention undergone by the accused to be set off against the sentence or imprisonment - Punishment for organised crime - Discussed. Sharad Hiru Kolambe v. State of Maharashtra, AIR 2018 SC 4595 : 2018 (4) Crimes 159 : JT 2018 (9) SC 293 : 2018 (2) OLR 807 : 2018 (4) RCR (Criminal) 276 : 2018 (11) Scale 305 Crl.A. No. 1209 of 2018 20-09-2018
Criminal Procedure - It is not a case of arrest because of mere dissenting views expressed or difference in the political ideology of the named accused, but concerning their link with the members of the banned organisation and its activities. Romila Thapar v. Union of India, JT 2018 (10) SC 442 : 2018 (13) Scale 278W.P. (Crl.) No. 260 of 2018 28-09-2018
Criminal Trial - Each criminal trial is but a quest for search of the truth. The duty of a judge presiding over a criminal trial is not merely to see that no innocent person is punished, but also to see that a guilty person does not escape. One is as important as the other. Both are public duties which the Judge has to perform. Shamim v. State of Delhi, AIR 2018 SC 4529 : 2018 (4) JLJR 122 : JT 2018 (9) SC 236 : 2018 (4) RCR (Criminal) 262 : 2018 (11) Scale 255 bit.ly/CrlA56of201819-08-2018
Criminal Trial - FIR is not an encyclopaedia which is expected to contain all the minute details of the prosecution case, it may be sufficient if the broad effects of the prosecution case are stated in the FIR. State of Madhya Pradesh v. Chhaakkilal, Crl.A. No. 21 of 2011 26-09-2018
Criminal Trial - witness did not name the accused in the FIR - Naming of the accused subsequently in the court statement for the first time is certainly an improvement over the earlier statement and a material omission. The accused is therefore held entitled to acquittal on benefit of doubt, with regard to his presence at the time of occurrence. Amrish Rana v. State of Himachal Pradesh, AIR 2018 SC 4604 : JT 2018 (9) SC 410 : 2018 (13) Scale 571 Crl.A. No. 1232 of 2018 28-09-2018
Education - M.P. Education Service (School Branch) Recruitment and Promotion Rules, 1982 - Even if these appeals are allowed, the appellants are not going to get any benefit since the subsequent amendments will still stand in their way. Therefore, these appeals are disposed of with liberty to the appellants to take all available contentions before the High Court. Archana Rathore v. State of Madhya Pradesh, C.A. No. 10008 of 2018 26-09-2018
Education - Open Distance Learning - Degree in Engineering - Whether a Deemed to be University, without there being any approval from the AICTE, could start courses leading to award of Degrees in Engineering through Open Distance Learning. Jai Singh v. University Grants Commission, 2018 (13) Scale 15 W.P. (C) No. 905 of 2018 24-09-2018
Election - Village Panchayat - Disqualifications - Removal from an elected post - Concept of - When a person shares an encroached property by residing there and there is continuance, he/she has to be treated as disqualified. Janabai v. Additional Commissioner, JT 2018 (9) SC 217 : 2018 (5) Mh.L.J. 921 : 2018 (11) Scale 275 C.A. No. 6832 of 2018 19-09-2018
Election Law - Representation of the People Act 1951 - S.8 - Criminal P.C. 1973 - S.389 - Disqualification on conviction for certain offences. Lok Prahari, through its General Secretary S.N. Shukla v. Election Commission of India, 2018 (14) Scale 107 : 2018 (4) RCR (Civil) 687 W.P. (C) No. 330 of 2016 26-09-2018
Election Law - Representation of the People Act, 1951 - Disqualifications for membership - Criminal Background. Public Interest Foundation v. Union of India, AIR 2018 SC 4550 : JT 2018 (9) SC 344 : 2018 (4) RCR (Criminal) 400 : 2018 (11) Scale 414W. P. (C) No. 536 of 2011 25-09-2018
Election Law - Representation of the People Act, 1951 - Ss. 123 (1) & (2) - High Court Rules, 1993 (Gujarat) - Corrupt practices of "bribery" and "undue influence" - the election petition is required to be placed for orders before the Court by the office only after removal of office objections as per Rule 285. If the office objections are pending and not cured within the prescribed period, the office is obliged to list the matter before the Court for appropriate orders under Rule 284. Patel Ahmed Mohammad v. Balwant Singh Rajput, AIR 2018 SC 4886 : JT 2018 (10) SC 370 : 2018 (11) Scale 750 C.A. No. 10005 of 2018 26-09-2018
Environmental Law - Non-forest activities including mining operations are carried out in the forests under the garb of lease executed by the State of Chhattisgarh - State Government has initiated disciplinary proceedings against its officials who have found to be guilty of professional misconduct - Confiscated iron ore has been mined from the adjoining forest land - authorities concerned are free to auction the aforesaid confiscated iron ore in accordance with law - it is not necessary to direct the CBI enquiry as prayed for in the applications. T.N. Godavarman Thirumulpad v. Union of India, JT 2018 (9) SC 122 : 2018 (11) Scale 221 : (2018) 9 SCC 760 W.P. (C) No. 202 of 1995 14-09-2018
Family Law - Custody of Child - Visitation Right - the Principal of the School to keep informed both the parents on their mobile numbers and e-mail addresses regarding any activities in the school where both the parents can participate. Rajiv Vijayasarathy Ratnam v. Savitha Seetharam, C.A. No. 9340 of 2018 11-09-2018
Food and Safety Standards Act, 2006 - A perusal of the provisions of the FSS Act would make it clear that there is no bar for prosecution under the IPC merely because the provisions in the FSS Act prescribe penalties. State of Maharashtra v. Sayyed Hassan Sayyed Subhan, JT 2018 (9) SC 257 : 2018 (4) RCR (Criminal) 341 Crl.A. No. 1195 of 2018 20-09-2018
Forest - Whether, in the State of Haryana, land notified under the provisions of the Punjab Land Preservation Act, 1900 (PLP Act) is forest land or is required to be treated as forest land. M.C. Mehta v. Union of India, 2018 (11) Scale 50W.P. (C) No. 4677 of 1985 11-09-2018
Forest Law - Private Forests (Vesting and Assignment) Act, 1971 (Kerala) - S.3(3) - the land was acquired by the landowners prior to the appointed day and was being used for personal cultivation by the landowners. This findings were recorded on the basis of the commissioner’s report, who made on the spot inspection of the land in presence of both the parties. These findings are based on proper appreciation of evidence. No kind of any perversity or arbitrariness or illegality is noticed in these findings. These findings satisfy the twin requirements of Section 3 (3) of the Act and, therefore, entitle the respondents to claim exemption of their land from being vested in the State under the Act. State of Kerala v. Gouri, 2018 (13) Scale 474 C.A. No. 7694 of 2009 25-09-2018
Forest Law - Private Forests (Vesting and Assignment) Act, 1971 (Kerala) - Ss. 2(a), 2(c), 2(f), 3(3), 8B - title was derived by the respondents in relation to the land in question prior to the appointed day, i.e.,10.05.1971 - the land in question was found in actual use by the respondents for their personal cultivation even prior to the appointed day - In the light of these two findings recorded by the Tribunal on facts and upheld by the High Court in the impugned order after remand, which were not found perverse or against any evidence or illegal in any way, we do not find any ground to interfere in the impugned order. The appeal thus fails and is accordingly dismissed. State of Kerala v. Joseph, 2018 (13) Scale 480 C.A. No. 9912 of 2010 25-09-2018
Hindu Law - A reversioner, whether male or female, who consents to an alienation (including by way of gift) by a widow or other limited heir made without legal necessity, or to an invalid surrender, and transferees from him, are precluded from disputing the validity of the alienation, though he may have received no consideration for his consent. Where a widow or other limited heir enters into a family arrangement or a compromise which involves an alienation of the estate, the reversioner who has been a party to and has benefitted from the transaction is precluded from questioning the alienation, and so are his descendants. There is no question in a case of this kind of a transfer of spes successionis by the reversioner. The reversioner, being a party to a transaction cannot repudiate it. Where a widow entered into a compromise with a presumptive reversioner and was accepted as the absolute owner of a portion of the properties, and gave up her claim in the remaining properties, the presumptive reversioners who themselves ultimately became the reversioners were estopped from challenging the transaction. The settlement could also be considered as a family arrangement binding on the parties. Dalip Kaur (D) Thr. Lrs. v. Ram Kishan (D) Thr. Lr(s), 2018 (14) Scale 67 C.A. No. 5806 of 2008 27-09-2018
Industrial Dispute Act, 1947 - Where dismissal is based on enquiry, or no enquiry or illegal enquiry, how the Court should decide the legality of dismissal - Discussed. M.L. Singla v. Punjab National Bank, 2018 (4) JLJR 115 : JT 2018 (10) SC 304 : 2018 (4) LLJ 257 : 2018 (4) PLJR 130 : 2018 (11) Scale 374 C. A. No. 1841 of 2010 20-09-2018
Industrial Disputes Act, 1947 - S.10 - the appeal was heard ex parte by the Division Bench without hearing the Bank or/and its counsel which resulted in passing of an adverse order against the Bank and, in consequence, resulted in allowing the employee’s writ petition by directing the Bank to give the benefit of regularization, seniority and consequential benefits arising therefrom - Substantial justice demands that a litigant is entitled for a right to be heard before any order is passed against him. Sikar Kendriya Sahkari Bank Limited v. Bhagirath Singh (Dead) Through L.Rs., JT 2018 (9) SC 307 : 2018 (13) Scale 2 C.A. No. 5300 of 2010 24-09-2018
Industrial Disputes Act, 1947 - S.25F - A workman has no right to claim back wages from his employer as of right only because the Court has set aside his dismissal order in his favour and directed his reinstatement in service. It is necessary for the workman in such cases to plead and prove with the aid of evidence that after his dismissal from the service, he was not gainfully employed anywhere and had no earning to maintain himself or/and his family. The employer is also entitled to prove it otherwise against the employee, namely, that the employee was gainfully employed during the relevant period and hence not entitled to claim any back wages. Initial burden is, however, on the employee. In some cases, the Court may decline to award the back wages in its entirety whereas in some cases, it may award partial depending upon the facts of each case by exercising its judicial discretion in the light of the facts and evidence. Management of Regional Chief Engineer P.H.E.D. Ranchi v. Their Workmen Rep. by District Secretary, JT 2018 (9) SC 243 : 2018 (11) Scale 353 C.A. No. 9832 of 2018 20-09-2018
Interview - Before the Interview Board, sufficient evidence having been produced of having passed the Diploma, the appellant should have been granted the allotted 10 marks in that regard. Dr. Ritesh Kumar Tarun v. State of Bihar, C.A. No. 9869 of 2018 24-09-2018
Intra Court Appeal - The intra court appeal did involve factual and legal issues, which were decided by the Single Judge, therefore, once they were carried in intra court appeal by an aggrieved party and pressed in service while assailing the order of the Single Judge, it was incumbent upon the Division Bench to deal with all such issues urged and then record its findings one way or the other keeping in view the submissions urged and legal provisions applicable to the issues. Bangalore Development Authority v. B.N. Ramalingaswamy, JT 2018 (9) SC 251 : 2018 (11) Scale 295 : (2018) 9 SCC 778 C.A. No. 6492 of 2008 20-09-2018
Judiciary - Supreme Court - Live streaming of the court proceedings - Open Justice - Indian Jurisprudence - Concept of open courts is not alien to the Indian legal system - Technology and Open Court - Comparative Law - Model guidelines for broadcasting of the proceedings and other judicial events of the Supreme Court of India - Discussed. Swapnil Tripathi v. Supreme Court of India, AIR 2018 SC 4806 : 2018 (4) RCR (Civil) 632 : 2018 (11) Scale 475 W.P. (C) No. 1232 of 2017 26-09-2018
Labour Law - Employee - Post of Conductor - Dismissal from Services - Domestic Inquiry - ground of misconduct committed while on duty. Chief Manager, Rajasthan State Road Transport Corporation, Alwar v. Vinod Kumar Sharma, JT 2018 (9) SC 330 : 2018 (13) Scale 665 C.A. No. 9957 of 2018 25-09-2018
Labour Law - How the back wages is required to be decided, what are the factors to be taken into consideration awarding back wages, on whom the initial burden lies - Discussed. Rajasthan State Road Transport Corporation Jaipur v. Phool Chand (d) Through Lrs., AIR 2018 SC 4534 : JT 2018 (9) SC 247 : 2018 (11) Scale 297 C.A. No. 1756 of 2010 20-09-2018
Land Acquisition - For the purpose of industrial development of NOIDA - Enhancement of Compensation. Nanak (Deceased) Through Lrs v. New Okhla Industrial Development Authority, C.A. No. 10013 of 2018 26-09-2018
Land Acquisition - in case the claimants are denied the statutory benefits for the period covered by delay, a lenient view should be taken while condoning the delay. Pattipati Venkateswarly Naidu v. Special Deputy Collector (L.A.), C.A. No. 10044 of 2018 27-09-2018
Land Acquisition - It cannot urge that because the acquisition is in public interest a more liberal view is to be taken. There is no question of taking a liberal or conservative view. The only view which has to be taken is the legal view. E.A. Aboobacker v. State of Kerala, JT 2018 (9) SC 418 : 2018 (4) RCR (Civil) 542 : 2018 (13) Scale 602 C.A. No. 2772 of 2011 27-09-2018
Land Law - Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 - Whether M.P. Adhiniyam 1976 (appointed date of which was 1st January, 1971) would be applicable to a transaction dated 23rd November, 1953, entered into prior to the appointed day, which is the subject-matter in the present case - Whether the transaction in-question 4 dated 23rd November, 1953 would or would not come within the purview of the M.P. Adhiniyam 1976 and whether the alleged loan, if any, for which the sale deed alleged to be executed was subsisting on the date of the appointed day - the High Court should have examined these questions of law. Durjan Singh (d) thr. Lr. v. Vir Singh, C.A. No. 53 of 2008 06-09-2018
Land Law - Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 and the Rules of 1952 - Auction Sale - Waiver. Pravesh Kumar Sachdeva v. State of Uttar Pradesh, JT 2018 (10) SC 365 C.A. No. 9836 of 2014 13-09-2018
Land Law - Whether after the abolition of Jagirs by virtue of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, the late Jagirdar or his legal representatives could have claimed the compensation on the land acquisition being made particularly when land has vested in the State of Himachal Pradesh, the land was not under the personal cultivation, and particularly when they have received the compensation under the Abolition Act, apart from that had also received the compensation under the provisions of H.P. Ceiling on Land Holdings Act, 1972. Satluj Jal Vidyut Nigam v. Raj Kumar Rajinder Singh (Dead) Through Lrs., 2018 (11) Scale 383 C.A. No. 9871 of 2018 24-09-2018
Limitation - In order to decide the question of limitation as to whether the suit is filed within time or not, the Court is mainly required to see the plaint allegations and how the plaintiff has pleaded the accrual of cause of action for filing the suit. Ghewarchand v. Mahendra Singh, 2018 (5) ALD 187 : 2018 (6) All.M.R. 474 : JT 2018 (9) SC 309 : 2018 (4) RCR (Civil) 314 C.A. No. 5870 of 2015 20-09-2018
MBBS Course - In the instant case fair opportunity has been given and the reasons in detail were mentioned by the assessors and MCI. It was a case of repeated inspections having been made. In view of deficiencies found permission could not have been accorded for session 2018-19. Medical Council of India v. N.C. Medical College & Hospital, JT 2018 (9) SC 204 : 2018 (11) Scale 130 C.A. No. 9519 of 2018 13-09-2018
Mediation - Litigation for more than two decades - disposed of in terms of the settlement - payments referred to in Paragraph 20 of the Terms of Settlement, being part of a partition among the members of the family, shall not attract any tax by way of capital gains. Ravinder Kaur v. Gagandeep Singh, JT 2018 (8) SC 586 : 2018 (11) Scale 25 C.A. No. 9167 of 2018 06-09-2018
Mediation - Suit for Eviction - appeal is disposed of in terms of the Memorandum of Settlement. Doris John v. Jane Wesley, C.A. No. 2403 of 2008 19-09-2018
Medical Education - Whether the State of Kerala is competent to promulgate the Kerala Professional Colleges (Regularisation of Admission in Medical Colleges) Ordinance, 2017, which is intended to nullify judgments and orders of this Court and encroaches upon the power of the judiciary. Medical Council of India v. State of Kerala, JT 2018 (9) SC 261 : 2018 (4) KLT 297 : 2018 (11) Scale 141 W.P. (C) No. 231 of 2018 12-09-2018
Medical Law - Indian Medicines Central Council Act, 1970 - Ss. 3, 7 - Constitution of Central Council- Term of office of President, VicePresident and Members of Central Council - Interpretation of the provisions contained in Sections 7 (1) and 7 (3) of the Act of 1970 - Whether there is an order by the Central Government or no order it cannot govern the tenure and the period for which the election was held could not have been extended even by the Ministry of Ayush by wrong interpretation of provisions and writ is not issued to perpetuate an illegality, particularly to enable holding the office unauthorizedly beyond period for which election was held. Ministry of Ayush v. Dr. Vanitha R., C.A. No. 10031 of 2018 27-09-2018
Motor Vehicles Act, 1988 - Chap.VI & S.98 - Chapter to override Chapter V and other laws - Unless the reciprocal agreement is superseded by a fresh agreement or unless there is a new scheme framed by the Union Territory of Chandigarh specifying the provisions to the contrary, the buses operated by the appellant, which had permits issued prior to 1.11.1966 and so long as they are renewed by the State of Punjab, the Union Territory of Chandigarh cannot refuse counter signature for the reason that the permits already issued in 1966 had outlived its life after five years of the reorganization. The overriding effect provided in Section 98 of the said Act operates only in case of an inconsistency on a legal position. There is no such situation in the present case. On the contrary, the reciprocal agreement is on mutually beneficial terms. Ambala Bus Syndicate Pvt. Ltd. v. Chandigarh Administration, C.A. No. 10002 of 2018 26-09-2018
Motor Vehicles Act, 1988 - S. 166 – Breach of Policy Condition - Tractor was insured for agriculture purposes and not for carrying goods - Neither trailer attached to the tractor nor it was insured - Insurance Company was absolved from the liability to compensate for the loss or injuries or to indemnify tractor owner - High Court should have directed Insurance Company to pay the compensation amount with liberty to recover the same from the tractor owner. Shivaraj v. Rajendra, 2018 (3) ACC 886 : AIR 2018 SC 4252 : 2018 (3) JKJ 148 : JT 2018 (8) SC 418 : 2018 (10) SCALE 683 C.A. No. 8278 of 2018 05-09-2018
Motor Vehicles Act, 1988 - S.166 - Civil P.C. 1908 - S. 96 - Powers of the first Appellate Court while deciding the first appeal. Sudarsan Puhan v. Jayanta Kumar Mohanty, 2018 (4) ACC 198 : JT 2018 (10) SC 294 : 2018 (4) RCR (Civil) 308 : 2018 (11) Scale 357 : 2018 (7) SLT 708 C.A. No. 3798-3799 of 2016 20-09-2018
Motor Vehicles Act, 1988 - S.166 - Where the family of the bachelor is large and dependent on the income of the deceased, as in a case where he has a widowed mother and large number of younger non-earning sisters or brothers, his personal and living expenses may be restricted to onethird, as contribution to the family will be taken as two-third. Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram, 2018 (4) ACC 184 : JT 2018 (9) SC 195 : 2018 (4) RCR (Civil) 333 : 2018 (11) Scale 247 : 2018 (7) SLT 731 C.A. No. 9581 of 2018 18-09-2018
Municipal Corporations Act, 1949 (Maharashtra) - Sections 20, 21, 31A and 35A - Constitution of Standing Committee - Appointment of Chairman of Standing Committee - Appointment by nomination on Committees to be by proportional representation - Exercise of powers and discharge of duties of any Committee by Corporation - Discussed. Shailesh Bandu Swami v. Dipak, 2018 (13) Scale 40 C.A. No. 9970 of 2018 25-09-2018
Narcotic Drugs and Psychotropic Substances Act, 1985 - Search of the bag as well as trousers - Since the search of the person was also involved, Section 50 would be attracted. Sk Raju @ Abdul Haque @ Jagga v. State of West Bengal, AIR 2018 SC 4255 : 2018 (4) Crimes 147 : 2018 (3) JKJ 74 : JT 2018 (8) SC 425 : 2018 (10) Scale 730 : (2018) 9 SCC 708 Crl.A. No. 459 of 2017 05-09-2018
Narcotics, Drugs and Psychotropic Substances Act 1985 - It was incumbent on the part of the prosecution to lead the evidence to show as to how and in what conditions the articles were preserved at the Police Station and how safely they were taken from there to the respective chemical examiners by its carriers. State of Uttar Pradesh v. Hansraj @ Hansu, JT 2018 (9) SC 193 : 2018 (4) RCR (Criminal) 813 : 2018 (7) SLT 417 Crl.A. No. 997 of 2009 12-09-2018
Panchayat Act, 1994 (Assam) - S.15(1) - No confidence motion against the President and Vice President - if a certain requirement or condition is provided in a statute for the benefit or interest of a particular person, the same can be waived by him if no public interest is involved. The ultimate result would be valid even if the requirement or condition is not performed. Padmini Singha v. State of Assam, AIR 2018 SC 4590 : JT 2018 (9) SC 325 : 2018 (13) Scale 597 C.A. No. 4677 of 2018 27-09-2018
Panchayat and Municipality - No Confidence Motion - Validity of Notice - No clear 15 days’ notice was given - Signatures were obtained by fraud - Collector does not have the power to launch a detailed evidentiary enquiry into the validity of the signatures - Such a finding can only be arrived at in an enquiry on the basis of evidence adduced in the course of an evidentiary hearing at a full-fledged trial. Kavita v. State of Uttar Pradesh through Secretary, AIR 2018 SC 4143 : JT 2018 (8) SC 422 : 2018 (10) Scale 679 C.A. No. 2623 of 2018 05-09-2018
Partition - Exparte decrees - application to set aside the preliminary and final decrees - the Third Addl. Judge allowed both the applications by observing that the ex-parte decree was obtained by keeping the appellant in the dark. When the order of the Third Additional Judge is a well considered order, the High Court ought not to have set aside the same and remanded the matter back to the trial court. In such view of the matter, the impugned order of the High Court cannot be sustained and is liable to be set aside. Gopal Nagar Cooperative House Building Society Ltd. v. Mohd. Aslam @ Abu Bakar, C.A. No. 10062 of 2018 27-09-2018
Penal Code, 1860 - S. 304 (II) - it is not always incumbent upon the prosecution to explain the injuries of the accused persons. The prosecution is obligated to explain the injuries of the accused persons only if the injuries sustained by the accused are grievous in nature. K. Ravichandra v. State of Karnataka, 2018 (4) RCR (Criminal) 308 Crl.A. No. 176 of 2009 06-09-2018
Penal Code, 1860 - S. 304B - Essential ingredients of - “soon before” occurring in Section 304-B. Jagjit Singh v. State of Punjab, 2018 (3) DMC 325 : JT 2018 (10) SC 416 : 2018 (4) RCR (Criminal) 568 : 2018 (14) Scale 71 Crl.A. No. 408 of 2017 26-09-2018
Penal Code, 1860 - S. 326 - Correctness of the conviction and the nature of the offence - Though the stick wielded by the appellant has been marked as MO1, there is no material to show that the stick that was wielded by the appellant was a dangerous weapon - In the absence of such evidence the conviction of the appellant under Section 326 may not be warranted; but the offence would fall under Section 325 IPC, “voluntarily causing grievous hurt”. C.R. Kariyappa v. State of Karnataka, AIR 2018 SC 4312 : JT 2018 (8) SC 576 : 2018 (4) RCR (Criminal) 248 : 2018 (11) Scale 40 : 2018 (7) SLT 720 Crl.A. No. 781 of 2009 05-09-2018
Penal Code, 1860 - S. 377 - The Constitution – an organic charter of progressive rights - Transformative constitutionalism and the rights of LGBT community - Constitutional morality and Section 377 IPC - Perspective of human dignity - Sexual orientation - Privacy and its concomitant aspects - Doctrine of progressive realization of rights - International perspective - Other Courts / Jurisdictions - Comparative analysis of Section 375 and Section 377 IPC - The litmus test for survival of Section 377 IPC. Navtej Singh Johar v. Union of India Thr. Secretary Ministry of Law and Justice, AIR 2018 SC 4321 : 2018 (3) Crimes 233 : 2018 (10) Scale 386 : 2018 (10) SCC 1 : 2018 (7) SLT 89 : 2018 (6) Supreme 577 W.P. (Crl.) No. 76 of 2016 06-09-2018
Penal Code, 1860 - S. 498A & 306 r/w. 34 - Reduction of Sentence - appellant, who is the sister-in-law of the deceased - appellant being a married lady and by and large has been residing only with her husband at Nasik is having two grown up children to be taken care and her family - the sentence of imprisonment of five years imposed upon the appellant for the offence under Section 306 I.P.C. is reduced to a period of two years. Sangita @ Rekha Sambhaji Malode v. State of Maharashtra, JT 2018 (9) SC 192 Crl.A. No. 899 of 2009 12-09-2018
Penal Code, 1860 - S.302 - It was further submitted that when one batch of appeals preferred by one set of accused in which conviction was confirmed and appeals preferred by another set of accused similarly situated were allowed acquitting them, the Court should lean in favour of the accused - not inclined to accept the submissions since criminal appeal preferred by the similarly situated accused was already dismissed. Subhash Mahto v. State of Bihar, Crl.A. No. 1690 of 2015 19-09-2018
Penal Code, 1860 - S.302 - Sentenced to life imprisonment for the death of his wife at home by burn injuries - appeal is dismissed - the appellant has completed approximately 15 years of custody - order be forwarded to the Maharashtra State Legal Services Authority so that necessary assistance is made available to the appellant through the concerned District Legal Services Authority with regard to the consideration for remission in accordance with law, if the appellant, so desires. Bhagwat v. State of Maharashtra, 2018 (15) Scale 69 Crl.A. No. 1046 of 2011 19-09-2018
Penal Code, 1860 - S.376(2)(f) - Prosecutrix turned hostile contending that she had suffered injury in a fall - Mere fact that the victim may have turned hostile, is not relevant and does not efface the evidence with regard to the sexual assault upon her and the identification of the appellant as the perpetrator. Hemudan Nanbha Gadhvi v. State of Gujarat, JT 2018 (9) SC 412 : 2018 (4) RCR (Criminal) 448 : 2018 (13) Scale 649 Crl.A. No. 913 of 2016 28-09-2018
Penal Code, 1860 - S.497 IPC is unconstitutional and adultery should not be treated as an offence. Joseph Shine v. Union of India, 2018 All. M.R. (Cri.) 4065 : 2018 (4) Crimes 1 : 2018 (3) JLJ 515 : JT 2018 (9) SC 467 : 2018 (4) MLJ(Cri) 369 : 2018 (4) RCR (Criminal) 480 : 2018 (11) Scale 556 : 2018 (7) SLT 470 W.P. (Crl.) No. 194 of 2017 27-09-2018
Penal Code, 1860 - S.498A - Directions pertaining to constitution of a Committee and conferment of power on the said Committee is erroneous. Social Action Forum for Manav Adhikar v. Union of India Ministry of Law and Justice, AIR 2018 SC 4273 : 2018 (3) Crimes 503, JT 2018 (9) SC 162 : 2018 (4) KHC 580 : 2018 (11) Scale 191 : 2018 (7) SLT 287 bit.ly/WPC73of2015 14-09-2018
Penal Code, 1860 - Ss. 302 & 304 Part-II - accused No.1 alone had previous enmity with the deceased and the other accused appeared to have joined accused no.1 only to help him. Considering the weapons used, namely, sticks and the nature of the injuries, the High Court thought it fit to modify the sentence of imprisonment under Section 302 I.P.C. to Section 304 Part-II I.P.C. Occurrence was of the year 1995 and at this distant point of time and also in view of the findings by the High Court in para “55”, we are not inclined to interfere with the impugned order. State of Karnataka v. Yenkareddy, 2018 (4) RCR (Criminal) 453 Crl.A. No. 144 of 2009 06-09-2018
Penal Code, 1860 - Ss. 302, 324 & 323 r/w. 34 - Delay in filing of the FIR - not only was there a delay in filing of the FIR (which remained unexplained) which was taken as the basis of the investigation in this case, but also there was a wilful suppression of the actual first information received by the police. These factors together cast grave doubts on the credibility of the prosecution version, and lead us to the conclusion that there has been an attempt to build up a different case for the prosecution and bring in as many persons as accused as possible. State of M.P. v. Ratan Singh, 2018 (15) Scale 75 Crl.A. No. 1034 of 2013 05-09-2018
Penal Code, 1860 - Ss. 313 & 415 - Cheating - Causing miscarriage without woman’s consent - ingredient of. Prabhu @ Kulandaivelu v. State of Tamil Nadu, 2018 (4) RCR (Criminal) 455 Crl.A. No. 1178 of 2011 18-09-2018
Penal Code, 1860 - Ss. 326 & 324 - Since the occurrence was of the year 1995, way back 23 years ago, in which the appellant D allegedly wielded lathi in causing injuries to the C, having regard to the passage of time and the nature of weapon wielded by the appellant and also considering the facts and circumstances of the case, the sentence of imprisonment of the appellant D under Section 324 I.P.C. is reduced to two years. Devi Singh v. State of Madhya Pradesh, JT 2018 (9) SC 82 Crl.A. No. 441 of 2010 05-09-2018
Penal Code, 1860 - Ss. 326A & 326B - In an acid attack, if the injury is simple, whether an offence under Section 326A IPC is attracted - if the injury is only simple, whether charge can be framed under Section 326B. Maqbool v. State of Uttar Pradesh, Crl.A. No. 1143 of 2018 07-09-2018
Penal Code, 1860 - Ss. 353, 294, 504 r/w. 34 - Reduction of Sentence. Haribhau v. State of Maharashtra, 2018 (4) Bom.C.R.(Cri.) 29 : 2018 (4) Crimes 145 : JT 2018 (8) SC 402 : 2018 (10) Scale 699 : 2018 (7) SLT 690 Crl.A. No. 1118 of 2018 04-09-2018
Penal Code, 1860 - Ss. 498A, 304B, 306 r/w. 34 - the deceased committed suicide by consuming poison at her in-laws place/matrimonial home, would not itself lead to the presumption that deceased was subjected to physical-mental cruelty, so as to force her to commit suicide. Herein, prima facie burden lies on the prosecution to prove the guilt of the accused/respondents beyond all reasonable doubts. However, there is no cogent or positive evidence on record to prove that the respondents subjected the deceased to any such mental or physical cruelty, so as to force her to commit suicide. Thus, presumption under Sec. 113-A of the Indian Evidence Act cannot be drawn against the respondents in this case. State of Madhya Pradesh v. Shriram, 2018 (4) RCR (Criminal) 578 : 2018 (15) Scale 73 Crl.A. No. 1177 of 2012 05-09-2018
Pleadings - Civil Suits are decided on the basis of pleadings and the issues framed and the parties to the Suit cannot be permitted to travel beyond the pleadings. L. Ponnayal @ Lakshmi v. Karuppannan (Dead) Thr. L.R., AIR 2018 SC 4317 : 2018 (11) Scale 233 bit.ly/CA9558of2018 17-09-2018
Practice & Procedure - Right to appeal is a valuable right which can be forgone with express authority and free will. Mysore Urban Development Authority v. K.M. Chikkathayamma, AIR 2018 SC 4247 : JT 2018 (8) SC 540 : 2018 (11) Scale 20 C.A. No. 9182 of 2018 07-09-2018
Prevention of Corruption Act, 1988 - Ss. 7 & 13(2) r/w. 13(1) (d) - Based on the evidence of PW-2 and test conducted in the sodium carbonate solution the Trial Court and the High Court had found the accused guilty of the offences. Having regard to the concurrent findings of the courts below, we do not find any good ground to take a different view. Kannan v. State rep. by Inspector of Police, JT 2018 (9) SC 146 : 2018 (11) Scale 273 : 2018 (7) SLT 362 Crl.A. No. 1580 of 2011 12-09-2018
Property Law - Simple Mortgage - Defendant was put in possession pursuant to a document - Whether such possession of the defendant under a document which otherwise is inoperative in law could be held to be adverse to the original plaintiff. Venugopal Padayachi v. V. Pichaikaran, 2018 (13) Scale 797 C.A. No. 4985 of 2010 18-09-2018
Public Trusts Act, 1950 (Bombay) - It was not legally permissible to receive earnest money or to create any interest without grant of prior permission to sale. Ambadevi Sanstha v. Joint Charity Commissioner, 2018 (13) Scale 548 25-09-2018
Recovery of Debts due to Banks and Financial Institutions Act, 1993 [Now Recovery of Debts and Bankruptcy Act, 1993] - Section 6 - Applicability of amended Section 6. Gottumukkala Venkata Krishamraju v. Union of India, AIR 2018 SC 4197 : JT 2018 (9) SC 53 : 2018 (11) Scale 9 : 2018 (7) SLT 350 W.P. (C) No. 732 of 2018 07-09-2018
Rent & Eviction - In the absence of any negative covenant the user does not amount to user for the purpose other than for which the premises was leased. Ravi Chand Mangla v. Dimpal Solania, AIR 2018 SC 4536 : JT 2018 (9) SC 183 : 2018 (2) RCR (Rent) 444 : 2018 (11) Scale 244 C.A. No. 9598 of 2018 18-09-2018
Rent Control & Eviction - Civil P.C. 1908 - O.41 R.22 - Cross Objection - Trial Court dismissed the landlord's suit - Tenant's did not file any cross objection against any of the findings recorded by the Trial Court against them in the appeal - First Appellate Court had no jurisdiction to examine the legality and correctness of these finding in landlord's appeal and reverse it against the plaintiff. Biswajit Sukul v. Deo Chand Sarda, JT 2018 (9) SC 423 : 2018 (2) RCR (Rent) 458 : 2018 (13) Scale 476 C.A. No. 9956 of 2018 25-09-2018
Rent Control & Eviction - Future nonpayment of Rent - Termination of tenancy. P.S. Ayub v. Asif Jagirdar, C.A. No. 10076 of 2018 28-09-2018
Rent Control & Eviction - Stay on Eviction - Appellant undertakes to surrender vacant possession of the premises in question on or before 31.03.2019 - this arrangement is without prejudice to the contentions available to both the parties while the matter of mesne profits is tried. Artistic Art Forum Pvt. Ltd. Vs. B. Sita Maha Lakshmi, C.A. No. 9215 of 2018 10-09-2018
Revision - the Single Judge of the High Court neither set out the facts nor considered any submissions of the parties and nor assigned any reasons and disposed of the revision petition in a cryptic manner - Remanded to the High Court. Harish Chand v. Urmila, 2018 (14) Scale 141 Crl.A. No. 1208 of 2018 20-09-2018
Right to Information Act, 2005 - Ss. 6(1), 6(3) & 27 - Right to Information Rules, 2012 - Rr. 3, 4, 5 & 6 - illiterate persons and the visually impaired persons or persons afflicted by other kinds of disabilities are not in a position to get the information - Modes available for getting information under the Act. Aseer Jamal v. Union of India, 2018 (13) Scale 700 : 2018 (4) RCR (Civil) 684W.P. (C) No. 137 of 2018 27-09-2018
Right to Information Act, 2005 - Ss. 8 & 9 - Exemption from disclosure of information - Unless the information sought for falls under these provisions, it would be mandatory for the public authorities to disclose the information to an applicant. The issue of the test of larger public interest would, thus, arise if it falls within those exceptions. Ferani Hotels Pvt. Ltd. v. State Information Commissioner Greater Mumbai, 2018 (3) JLJ 659 : 2018 (4) RCR (Civil) 676 : 2018 (13) Scale 672 C.A. No. 9064 of 2018 27-09-2018
Service Law - Claim of parity of pay-scales - Ministerial employees of the Police Department - Fixation of initial pay in the revised scale - method of recruitment, qualifications for appointment, duties and responsibilities of the Ministerial and Executive staff being different, Ministerial employees are not entitled to claim parity of pay-scales with the Executive Force. S.H. Baig v. State of Madhya Pradesh, 2018 (13) Scale 467 C.A. No. 9888 of 2018 25-09-2018
Service Law - denial of service benefits - compulsory retirement - directed to treat the service between the date of compulsory retirement and the date of reinstatement as continuous for all purposes, except for the actual wages. Gopal Dutt Shukla v. Bihar State Road Transport Corporation, C.A. No. 9868 of 2018 24-09-2018
Service Law - Indian Broadcasting (Programme) Service Rules, 1990 - Rule 6 - TV News Correspondent - “Departmental Candidates”- Initial Constitution of the Service - Scale of Pay - Programme Production Cadre. Union of India v. E. Krishna Rao, 2018 (13) Scale 694 C.A. No. 11948 of 2016 26-09-2018
Service Law - Industrial Disputes Act, 1947 - Public Works Department (PWD) - NMR Electrical helper (skilled worker) - Age of Superannuation - appellants to pay in lump sum an amount of Rs.1,00,000/ (one lakh) to the respondent in full and final satisfaction of all his claims arising out of this case. Chief Engineer (General) Public Works Department v. S. Patrajan, JT 2018 (9) SC 250 : 2018 (11) Scale 36820-09-2018
Service Law - Multi-State Cooperative Societies Act, 2002 - Super Bazar - Revival Scheme - Arrears of wages, pensions and other benefits to its employees. Super Bazar Karamchari Dalit Sangh v. Union of India, 2018 (13) Scale 588 M.A. No. 1394 of 2017 26-09-2018
Service Law - Needs money for the marriage of his daughter - Allowed. Rajeshwar Mahto v. Alok Kumar Gupta, G.M. M/s Birla Corporation Ltd., JT 2018 (9) SC 334Misc.A. No. 1712 of 2018 24-09-2018
Service Law - Pension - Whether an employee of a Municipality is entitled to claim pension / pensionery benefits from his employer / Municipality. Una Nagar Palika v. Kaliben Balubhai Makwana, JT 2018 (9) SC 336 : 2018 (11) Scale 364 C.A. No. 5529 of 2016 20-09-2018
Service Law - Promotees & Direct Recruits - Battle between. Prabhat Ranjan Singh v. R.K. Kushwaha, 2018 (11) Scale 26 C.A. No. 9176 of 2018 07-09-2018
Service Law - Qualification - Relaxation - there cannot be a deemed relaxation since on the very concept of relaxation, it is to be made on the basis of proper application of mind as to whether it was a case fit for relaxation as a case deserving on the requirements of the appointment. Mamta Rohit v. Dr. Prafulla Ranjan. C.A. No. 15034 of 2017 26-09-2018
Service Law - selection and appointment of Patwaris - Appeal dismissed.Paris Ramv. State of Haryana, C.A. No. 7501 of 2011 19-09-2018
Service Law - State and Subordinate Services Rules (Kerala) - R.39 - If training is a requirement for appointment/ promotion to a post, unless there is an appropriate satisfaction on the part of the competent authority that in view of the experience, exposure and expertise of the candidate concerned, it was not necessary for a further training, there could not have been an exemption from the mandatory requirement of training on invoking Rule 39. Anil Kumar P.P. v. State of Kerala, C.A. No. 9954 of 2018 25-09-2018
Service Law - Transfer - Promotion - Even if an employee is transferred at his own request, from one place to another on the same post, the period of service rendered by him at the earlier place where he held a permanent post and had acquired permanent status, cannot be excluded from consideration for determining his eligibility for promotion, though he may have been placed at the bottom of the seniority list at the transferred place. Eligibility for promotion cannot be confused with seniority as they are two different and distinct factors. Coal India Ltd. v. Navin Kumar Singh, 2018 (4) JLJR 84 : JT 2018 (9) SC 402 : 2018 (13) Scale 24 C.A. No. 6491 of 2014 25-09-2018
Service Law - Whether the appellants are bound to implement the recommendations of the Fifth Pay Commission in respect of the employees. M.P. Poorva Kshetra Vidyut Vitaran Co. Ltd. v. Uma Shankar Dwivedi, 2018 (11) Scale 49 C.A. No. 9146 of 2018 05-09-2018
Specific Relief Act, 1963 - S. 16(c) - It is the duty of the plaintiff to plead and then lead evidence to show that the plaintiff from the date he entered into an agreement till the stage of filing of the suit always had the capacity and willingness to perform the contract. Jagjit Singh (D) Thr. Lrs. v. Amarjit Singh, 2018 (11) Scale 105 : (2018) 9 SCC 805 : 2018 (7) SLT 333 C.A. No. 9124 of 2018 13-09-2018
Tax Law - Tax effect is less than One Crore and are covered by the Circular of CBDT. Commissioner of Income Tax, Kochi v. Hotel and Allied Trades (P) Ltd., C.A. No. 7126 of 2008 17-09-2018
Trademark - Infringement and Passing off. Wockhardt v. Torrent Pharmaceuticals, 2018 (5) RAJ 660 : 2018 (4) RCR (Civil) 545 : 2018 (14) Scale 143 C.A. No. 9844 of 2018 12-09-2018
Will - Scope of the matter arising from Probate proceedings is very limited. The scope of the matter is primarily and principally regarding the genuineness of the execution of the testament or Will. Whether the execution of the Will of which Probate is prayed for has been satisfactorily proved and whether there are any suspicious circumstances impinging upon the execution of the Will. Discussed. Pasupati Nath Das v. Chanchal Kumar Das, 2018 (4) RCR (Civil) 581 : 2018 (13) Scale 486 C.A. No. 5822 of 2005 25-09-2018
Writ Appeal - Appellants were neither parties to the writ petitions and nor in the writ appeals out of which this appeal arises - A stranger to proceedings does not have locus standi to question legality of order passed in those proceedings. Ashok Singh v. State of U.P., 2018 (11) Scale 97 : (2018) 9 SCC 723 C.A. No. 2799 of 2011 11-09-2018
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