4 Important Supreme Court Cases Pronounced Today [Wednesday, October 24, 2018]

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.

Case Number : W. P. (C) No. 13029 of 1985 24-10-2018

Petitioner's Advocate : Applicant-in-person

Judgment By : Hon'ble Mr. Justice Deepak Gupta

2. Nehru Gram Bharati University v. State of U.P.

National Council for Teacher Education (NCTE) Act, 1993 - Basic Teachers Certificate Course (BTC Course) - Non-compliance with the conditions - Merely because the college was conferred the status of Deemed University, these conditions did not cease to apply as BTC is not one of the degrees mentioned in the degrees specified by the UGC in the Official Gazette and that insofar as BTC is concerned, it would still be governed by the NCTE Act and regulations.

Case Number : C.A. No. 10677-10678 of 2018 24-10-2018

Petitioner's Advocate : Sansriti Pathak

Bench : Hon'ble Mr. Justice A. K. Sikri, Hon'ble Mr. Justice Ashok Bhushan

Judgment By : Hon'ble Mr. Justice A. K. Sikri

3. Kamala v. M.R. Mohan Kumar

Code of Criminal Procedure, 1973 - Section 125 - Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 Cr.P.C., such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy.

Case Number : Crl.A. No. 2368-2369 of 2009 24-10-2018

Petitioner's Advocate : Vaijayanthi Girish

Respondent's Advocate : P.R. Ramasesh

Bench : Hon'ble Mrs. Justice R. Banumathi, Hon'ble Ms. Justice Indira Banerjee

Judgment By : Hon'ble Mrs. Justice R. Banumathi

4. Ram Avatar Soni v. Mahanta Laxidhar Das

Code of Civil Procedure, 1973 - Order XXVI Rule 10A - Prayer for sending the signature of the Will in question to hand-writing expert for comparison with Testator’s admitted signatures - Held, To challenge the genuineness of the Will inter alia indicates challenge to the genuineness of the signature - If the scientific investigation of the document in question facilitates the ascertaining of truth, in the interest of justice, naturally it has to be ordered.

Case Number : C.A. No. 10684-10685 of 2018 24-10-2018

Petitioner's Advocate : K.S. Rana

Bench : Hon'ble Mrs. Justice R. Banumathi, Hon'ble Ms. Justice Indira Banerjee

Judgment By : Hon'ble Mrs. Justice R. Banumathi

Presumptions are the Bats of the Law, Flitting in the Twilight, but Disappearing in the Sunshine of Actual Facts [ORDER]

Negotiable Instruments Act, 1881 - Section 138 - failure on the part of the complainant to produce his account statement and absence of entry in accounts maintained by him regarding loan advanced to the accused, does show that there was no material to support the basic facts on which the entire case of the complainant was based. Sufficient material was available on record whereby the defence of the accused became probable. In such a situation, the presumption under the provisions of the Act ceased to operate and the burden fell upon the complainant to prove his case, which he failed to do by placing on record cogent evidence.

FIRST LAW

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