FIRST LAW

1. Darbar Exports v. Bank of India, 2003 (2) SCC (NI) 132 (Delhi) A presumption of service of notice is to be drawn where the notice is sent through registered post as well as UPC on correct address.

1. M.C. Mehta v. Union of India, AIR 2018 SC 5194 Constitution of India - Article 142 - Central Motor Vehicle Rules, 1989 - Rule 115 (21) - Whether Bharat Stage IV (BS­IV) compliant vehicles should be permitted to be sold in India after 31.03.2020 - Held, No motor vehicle conforming to the emission standard Bharat Stage­ IV shall be sold or registered in the entire country with effect from 01.04.2020.

In Baldev Singh v. State of Haryana reported in (2015) 17 SCC 554 , it has been held: There is no legal proposition that evidence of police officials unless supported by independent evidence is unworthy of acceptance. Evidence of police witnesses cannot be discarded merely on the ground that they belong to police force and interested in the investigation and their desire to see the success of the case. Prudence however requires that the evidence of police officials who are interested in the outcome of the result of the case needs to be carefully scrutinized and independently appreciated. Mere fact that they are police officials does not by itself give rise to any doubt about their creditworthiness.

Prevention of Damages to Public Property Act, 1984 - S. 3 (2) - Penal Code, 1860 - Ss. 143, 147, 148 & 427 r/w 149 - Bail - College campus was turned into a war zone by a group of students - total loss sustained as Rs.2,55,000 - the applicants are entitled to conditional bail only upon deposit of the proportionate quantified loss caused due to such violence.

Advocates - Supreme Court Lawyers’ Chambers (Allotment and Occupancy) Rules. Gopal Jha v. Hon'ble Supreme Court of India, JT 2018 (10) SC 492 : 2018 (14) Scale 286 W.P. (C) No. 745 of 2018 25-10-2018 Arbitration - Dispute between Public Undertakings - Since all parties to the appeal are either Public Undertaking or/and the State and its agencies (MHADA), the matter should be amicably settled by the parties concerned sitting across the table rather than to drag the dispute(s) in the Court. Hindustan Antibiotics v. Maharashtra Housing and Area Development Authority (MHADA), AIR 2018 SC 4622 : JT 2018 (10) SC 1 : 2018 (14) Scale 1 C.A. No. 10203 of 2018 04-10-2018 Arbitration & Conciliation Act, 1996 - Ss. 2(1) (f) & 11 - No International commercial arbitration - petition dismissed. Larsen and Toubro Limited Scomi Engineering Bhd v. Mumbai Metropolitan Region Development Authority, 2018 (6) ArbLR 174 : 2018 (14) Scale 151 Arb.P. 28 of 2017 03-10-2018 Arms Act, 1959 - Ss....

Criminal P.C. 1973  - S.313 - a solemn duty is cast on the court in dispensation of justice to adequately consider the defence of the accused taken under Section 313 Cr.P.C. and to either accept or reject the same for reasons specified in writing.  Reena Hazarika v. State of Assam, AIR 2018 SC 5361  : JT 2018 (10) SC 595 : 2018 (14) Scale 509   Crl.A. No. 1330 of 2018 31-10-2018

1. Thokchom Krishnakumar Singh v. State of Manipur Protection of Children from Sexual Offences (POCSO) Act, 2012 - Petitioner has a remedy to approach the concerned Special Court for determining as to whether the victim was a minor or major at the time of occurrence of the incident.

Code of Criminal Procedure, 1973 – Section 231 - Evidence for Prosecution - Whether the exercise of discretion under Section 231(2) of the Cr.P.C. by the Additional Sessions Judge was valid and legally sustainable.

Evidence Act, 1872 - S. 30 - Penal Code, 1860 - S. 414 - Assisting in concealment of stolen property - Extra judicial confessional statement leading to recovery - How far evidence of police witnesses is reliable, credible - Discussed.

The following practice guidelines should be followed by trial courts in the conduct of a criminal trial, as far as possible: 

1. Jai Bhagwan v. State (Govt. of N.C.T. Delhi) Penal Code, 1860 - Ss. 193, 195, 211 & 376 (2) (g) - Criminal P.C. 1973 - S. 340 - Procedure in cases mentioned in Section 195 -  the High Court has not recorded a finding that “it is expedient in the interest of justice to initiate an inquiry into the offences punishable under Sections 193 and 195 IPC against the police officials and under Section 211 IPC against the prosecutrix”. Without affording an opportunity of hearing to the police officials and based on the materials produced before the appellate court, the High Court was not right in issuing direction to the Registrar General to lodge a complaint against the police officials and the said direction is liable to be set aside.

Special Marriage Act, 1954 - S. 28 -  Hindu Marriage Act, 1955 - S. 13B  -  Divorce Act, 1869 - S. 10A - The beneficiaries under the provisions of different statutes are persons who want divorce by mutual consent and who file joint petition for that relief -  There can be no discrimination among them on the ground of religion - Divorce by mutual consent is a secular concept.

1. Kalpana Vyas v. Raj Kumar Rangwani Rent Control & Eviction - Bona fide Need - Whether the High Court was justified in allowing the tenant’s writ petition thereby justified in setting aside the appellate order of the Rent Appellate Tribunal and restoring that of the Rent Tribunal - Held, no - case remanded to the Rent Appellate Tribunal for deciding the appeal afresh on merits.

Code of Civil Procedure, 1908 - Order XXIII Rule 1(3) - the plaintiff can seek permission to withdraw from the suit with liberty to file a fresh suit in respect of the subject matter of such suit, on two grounds: (1) The suit must fail by reason of some formal defect, or (2) There are sufficient grounds for allowing him to institute a fresh suit.

Code of Civil Procedure, 1908 - Order 7 Rule 11(d) - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 34 - Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (Maharashtra)

Transfer of Property Act 1882 - Ss. 122, 123, 124, 125 & 126 - “Gift” defined - Transfer how effected - Gift of existing and future property - Gift to several of whom one does not accept - When gift may be suspended or revoked.

1. National Insurance Special Voluntary Retired / Retired Employees Association v. United India Insurance Co. Ltd. General Insurance Employees’ Special Voluntary Retirement Scheme, 2004 - General Insurance (Employees) Pension Scheme, 1995 - If the employees avail of the benefit of such a Scheme with their eyes open, they cannot look here and there, under different schemes, to see what other benefits can be achieved by them, by seeking to take advantage of the more beneficial schemes, while simultaneously enjoying the more beneficial aspects of the SVRS-2004 Scheme.

1. Dalip Singh v. State of Haryana Land Law - The court can interfere with the revocation of resumption of land only if the executive has not carried out its duty or acted in violation of the procedure.

1. M.C. Mehta v. Union of India Constitution of India - Article 142 - Central Motor Vehicle Rules, 1989 - Rule 115 (21) - Whether Bharat Stage IV (BS­IV) compliant vehicles should be permitted to be sold in India after 31.03.2020 -  Held, No motor vehicle conforming to the emission standard Bharat Stage­ IV shall be sold or registered in the entire country with effect from 01.04.2020.

1. Arjun Gopal v. Union of India Environmental Law - Air Pollution - Firecrackers - Specific Directions are Issued - The crackers with reduced emission (improved crackers) and green crackers only would be permitted to be manufactured and sold.

Penal Code, 1860 - S. 302 - Conviction - L ife Imprisonment -  Death committed in sudden fight without premeditation - The sudden fight implies the absence of premeditation.

Criminal P.C. 1973 - Ss. 437 & 482 – Magistrate Court’s direction  that the sureties shall be native and they shall provide a shelter to the accused within the jurisdiction of the Court till the completion of the trial is without jurisdiction and it is illegal. It is liable to be set aside.

Hindu Marriage Act, 1955 - S.15 - R emarriage of the spouse who obtained the ex parte decree of divorce will not render the application filed by the opposite spouse for setting aside the ex parte decree infructuous and that the application in that regard has to be considered on its own merits notwithstanding the remarriage.

1. Naresh Kumar v. State Bail Application - Gang Rape - Victim has committed suicide by jumping into the river Chenab as is evident from the investigation conducted by the police till date - Although dead body of the victim has not yet been recovered, but it can be inferred at this stage that due to gang rape, victim committed suicide. Further investigation in this regard is going on. The punishment for offence u/s 376-D RPC is rigorous imprisonment for a term which shall not be less than twenty five years, which may extend to life which shall mean imprisonment for the remainder of that persons natural life and with fine.