Supreme Court of India Quarterly Digest July - September 2018 | 300+ SC Judgments with Equivalent Citations

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

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

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 - 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 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 - 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 - 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 - 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 - 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 - 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

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

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 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

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

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

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 567 C.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 239 Crl.A. No. 1175 of 2018 18-09-2018

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

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

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. 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. 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.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 - 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 - 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 - 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

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

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. 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 - 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 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 - 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 75 W.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 - 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 - 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 - 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 - 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 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

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

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 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 - 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/CrlA385of2008 04-09-2018

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. 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.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/CrlA1218of2018 24-09-2018

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 - 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. 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 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 - 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 - 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 278 W.P. (Crl.) No. 260 of 2018 28-09-2018

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 - 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/CrlA56of2018 19-08-2018

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 - 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 - 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

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 - 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 - 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

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

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 - 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 - 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

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 414 W. 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

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

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

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 - 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

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

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

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 50 W.P. (C) No. 4677 of 1985 11-09-2018

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

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

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

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

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

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 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 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

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

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

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 - 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

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 - 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 - 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 - 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 - 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 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. 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.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 - 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 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 - 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

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 - 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

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

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 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 - 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 - 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 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 - 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

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

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 - 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 - 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. 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 - ‘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.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

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

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

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

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

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

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 - 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 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

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 - 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

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 - 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. 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 - 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.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.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 - 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 - 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, 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, 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. 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. 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. 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 & 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. 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. 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. 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. 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. 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. 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. 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 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

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

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 - 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.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

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

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 (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 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

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 & 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 - 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 - 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

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

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

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) 684 W.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

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

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 - 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 - 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 - 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 - 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 - 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 - 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 368 20-09-2018

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 - 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 - 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 334 Misc.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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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

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

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

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

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

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 - 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

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

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 - 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

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

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

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