Motor Vehicles Act, 1988 - S.168 - There is no restriction that the Court cannot award compensation exceeding the claimed amount, since the function of the Tribunal or Court under the Act is to award “just compensation”. The Motor Vehicles Act is a beneficial and welfare legislation. A “just compensation” is one which is reasonable on the basis of evidence produced on record. It cannot be said to have become timebarred. Further, there is no need for a new cause of action to claim an enhanced amount. The Courts are duty bound to award just compensation. Ramla v. National Insurance Company Limited, JT 2018 (11) SC 507 C.A. No. 11495 of 2018 30-11-2018
Drugs and Cosmetics Act, 1940 - Ss. 27(b)(ii) & 28 - offence was committed in the year 2008, about ten years back - respondent was not having any prior conviction under the Act - in his statement, respondent had stated that he was not aware that he has to obtain a licence for sale of drugs - in the interest of justice proviso to Section 27(b)(ii) of the Act can be invoked and the sentence of imprisonment of one year imposed upon the respondent is reduced to three months. State rep. by the Drugs Inspector v. Manimaran, Crl.A. No.1493 of 2018 30-11-2018
Service Law - Regularisation of Services - secured appointment by producing fake or forged appointment letter or had been inducted in Government service surreptitiously by concerned Civil Surgeon-cum-Chief Medical Officer by issuing a posting order - Since the appointment of the petitioners is ab initio void, they cannot be said to be the civil servants of the State. Therefore, holding disciplinary proceedings envisaged by Article 311 of the Constitution or under any other disciplinary rules shall not arise. State of Bihar v. Kirti Narayan Prasad, JT 2018 (11) SC 540 C.A. No. 8649 of 2018 30-11-2018
Succession Act, 1925 - Ss. 63 & 68 - Law Regarding Proof of Valid Will. Jarnail Singh v. Bhagwanti (D) Thr. Lrs., JT 2018 (11) SC 478 : 2018 (15) Scale323 http://bit.ly/CA5050of2009 29-11-2018
Penal Code, 1860 – Ss. 302 r/w. 34 - Murder - Plea of Alibi - Concurrent Findings - Murdered lady was the wife of the first accused - Second accused claimed that she was innocent and was not present at the time of the alleged occurrence - She has not discharged her burden to show that she was elsewhere - On the other hand, there is evidence of the police officials that after committing the crime, both accused came out and proclaimed that they have accomplished what they wanted - There is no motive for the police officials to falsely implicate the accused - No reason to interfere - Appeal dismissed. Ashwani Kumar v. State of Punjab, JT 2018 (11) SC 377 : 2018 (15) Scale 252 http://bit.ly/CrlA580of2010 28-11-2018
Textile Undertakings (Nationalisation) Act, 1995 - Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014. Union of India v. Nareshkumar Badrikumar Jagad, JT 2018 (11) SC 581 : 2018 (15) Scale 255 R.P. (C) No. 40966 of 2013 28-11-2018
Civil P.C.1908 - O.22 R.4 - Procedure in case of death of one of several defendants or of sole defendant - the Court cannot be called upon to make two inconsistent decrees about the same subject matter. In order to avoid conflicting decrees, the Court has no alternative but to dismiss the appeals in their entirety. Sunkara Lakshminarasamma (D) by Lrs. v. Sagi Subba Raju, 2018 (15) Scale 300 C.A. No. 4382 of 2016 28-11-2018
Penal Code, 1860 - S. 306 - Suicide Note - At this juncture when the investigation was yet to be completed and charge-sheet, if any, was yet to be filed, the High Court ought not to have gone into the aspect whether there was requisite mental element or intention on part of the respondent. Narayan Malhari Thorat v. Vinayak Deorao Bhagat, JT 2018 (11) SC 410 : 2018 (15) Scale 296 Crl.A. No. 1487 of 2018 28-11-2018
Constitution of India - Capital Punishment - Since the Constitution Bench in Bachan Singh v. State of Punjab, (1980) 2 SCC 684 has upheld capital punishment, there is no need to reexamine the same at this stage. Chhannu Lal Verma v. State of Chhattisgarh, JT 2018 (11) SC 565 : 2018 (15) Scale 306 Crl.A. No. 1482 of 2018 28-11-2018
Hindu Marriage Act, 1955 - S.13B - Civil P.C. 1908 - O. VI R. 17 - Amendment in the pleadings in the Divorce Petition - In terms of the Settlement Agreement, the parties have filed a joint application - it is not necessary for the parties to go through the regular process. Tarvinder Singh v. Gurupreet Kaur, 2018 (15) Scale 330 C.A. No. 11470 of 2018 28-11-2018
Penal Code, 1860 - S.376 - the prosecutrix being a young girl aged about nine years, had no reason to falsely implicate the accused - the prosecutrix was reluctant to go back to the house of her aunt and complained the act of sexual intercourse committed by the accused to her teachers - High Court has not appreciated the evidence of the prosecutrix in the light of the well-settled principles and erred in reversing the conviction of the accused to the acquittal. State of Himachal Pradesh v. Manga Singh, Crl.A. No. 1481 of 2018 28-11-2018
Interpretation of Statues - Rule of interpretation says that a statute is best interpreted when we know why it was enacted, which can be seen from the preamble of an Act. If there are two possible interpretations of an enactment, one should avoid the construction which would reduce the legislation to futility and should rather accept the broader interpretation. A statute is designed to be workable and the interpretation thereof by the court should be to secure that object. Bangalore International Airport Area Planning Authority v. Birla Super Bulk Terminal (Now A Unit of Ultra Tech Cement Ltd.), JT 2018 (11) SC 510 : 2018 (15) SCALE 163 C.A. No. 9684 of 2011 27-11-2018
Evidence Law - alleged variance between the medical and ocular evidence - Oral evidence has to get primacy and the medical evidence is basically opinionative and that the medical evidence states that the injury could have been caused in the manner alleged and nothing more. The testimony of the eye witness cannot be thrown out on the ground of inconsistency. Palani v. State of Tamil Nadu, JT 2018 (11) SC 431 : 2018 (15) Scale 178 Crl.A. No. 1100 of 2009 27-11-2018
Penal Code, 1860 - Ss. 302 - Entire occurrence had taken place not at the spur of the moment - circumstances concluding the guilt of the appellant are clearly established. Ramji v. State of Punjab, JT 2018 (11) SC 385 : 2018 (15) Scale 184 Crl.A. No. 1479 of 2011 27-11-2018
Service Law - Sub-Inspector and Inspector (Civil Police) Service Rules, 2018 (Uttar Pradesh) - Alok Kumar Singh v. State of U.P., 2018 (15) Scale 189 C.A. No. 11370 of 2018 27-11-2018
Consumer Protection Act, 1986 - S. 23 - Flat - Compensation for delayed delivery of possession. CCI Projects (P) Ltd. v. Vrajendra Jogjivandas Thakkar, JT 2018 (11) SC 379 : 2018 (15) Scale 203 C.A. No. 6784 of 2018 27-11-2018
Service Law - Clubbing of all vacancies in various colleges under different universities in the State. Babloo Singh v. State of U.P., 2018 (15) Scale 208 S.L.P. (C) No. 31222 of 2018 27-11-2018
Service Law - Our country is governed by the rule of law. Arbitrariness is an anathema to the rule of law. When an employer invites applications for filling up a large number of posts, a large number of unemployed youth apply for the same. They spend time in filling the form and pay the application fees. Thereafter, they spend time to prepare for the examination. They spend time and money to travel to the place where written test is held. If they qualify the written test they have to again travel to appear for the interview and medical examination etc. Those who are successful and declared to be passed have a reasonable expectation that they will be appointed. No doubt, as pointed out above, this is not a vested right. However, the State must give some justifiable, nonarbitrary reason for not filling up the post. When the employer is the State it is bound to act according to Article 14 of the Constitution. It cannot without any rhyme or reason decide not to fill up the post. It must give some plausible reason for not filling up the posts. The courts would normally not question the justification but the justification must be reasonable and should not be an arbitrary, capricious or whimsical exercise of discretion vested in the State. Dinesh Kumar Kashyap v. South East Central Railway, JT 2018 (11) SC 414 : 2018 (15) Scale 213 C.A. No. 11360 of 2018 27-11-2018
Service Law - No doubt, no candidate has a vested right for appointment. But at the same time, the appointing authority cannot frustrate the whole instruction behind and purpose of preparation of a select list. If a vacancy had arisen before the expiry of the list, going by the instruction, the next available candidate in the select list had a legitimate expectation and claim for being considered for appointment. Gagandeep Singh v. State of Punjab, 2018 (15) Scale 294 C.A. No. 11365 of 2018 27-11-2018
Companies Act, 2013 - S.89 - Indian Trust Act, 1882 - S.3 - "Beneficial interest” - Declaration in respect of beneficial interest in any share - there are two parties involved in an issue governing beneficial interest. One is a beneficiary named as ‘beneficial owner’ and the other is the owner named as ‘registered owner’ being the trustee of the property or the asset in question. Thus, one can deduce the underlining principle that the ownership is nonetheless legal over the trust property, which vests on him but he also acts as a trustee of the beneficiary. A beneficial owner may include a person who stands behind the registered owner when he acts like a trustee, legal representative or an agent. Ahmed Abdulla Ahmed Al Ghurair (Through Their Power of Attorney Holder Mr. Bartholomew Kamya) v. Star Health and Allied Insurance Company Limited, 2018 (15) Scale 133 C.A. No. 9786 of 2018 26-11-2018
Service Law - Question of suppression of information or submission of false information in the verification form on issues pertaining to involvement in criminal cases and the effect thereof. State of Madhya Pradesh v. Abhijit Singh Pawar, JT 2018 (11) SC 388 : 2018 (15) Scale 154 C.A. No. 11356 of 2018 26-11-2018
Service Law - Disciplinary Proceedings - Since the charges against all the employees were identical and the employees were in the same cadre of ministerial service, the view in applying parity of treatment could not be faulted. State of Tamil Nadu v. M. Mangayarkarasi, C.A. No. 11345 of 2018 26-11-2018
Service Law - Public Service Commission - Selection of 178 posts of Sub Deputy Inspector of Schools. Uttar Pradesh Public Service Commission v. Surendra Kumar, JT 2018 (11) SC 344 : 2018 (15) Scale 113 C.A. No. 11149 of 2018 22-11-2018
Contempt of Court - Seal - Tampering - Veterinary Services Department. M.C. Mehta v. Union of India, JT 2018 (11) SC 439 : 2018 (15) Scale 109 W.P. (C) No. 4677 of 1985 22-11-2018
Arbitration and Conciliation Act, 1996 - S.11(6) - a right of appeal is a creature of statute and can only be exercised in the manner provided by the statute. South Delhi Municipal Corporation v. SMS AAMW Tollways Private Ltd., JT 2018 (11) SC 346 : 2018 (15) Scale 123 C.A. No. 11249 of 2018 22-11-2018
Medical Law - Indian Medical Council Act, 1956 - Dentists Act, 1948 - National Eligibility-cum-Entrance Test-UG (NEET-UG) 2018 - From the year 2019-20 onwards the NEET-UG Examination will be conducted by the National Testing Agency. Central Board of Secondary Education v. T.K. Rangarajan, JT 2018 (11) SC 331 : 2018 (15) Scale 116 C.A. No. 11230 of 2018 22-11-2018
Civil P.C. 1908 - O.9 R.13 - Set aside the ex-parte decree - delay of twenty months and thirteen days - Appeal allowed. Khodiyaar Rolling Mills v. Paschim Gujarat Vij Company Ltd., JT 2018 (11) SC 444 C.A. No. 11227 of 2018 20-11-2018
Land Acquisition Act, 1894 - S.4(1) - in case similarly situated persons covered by the very same notification have been granted compensation @ Rs.4,000/- per lemon tree, the petitioners herein may not be discriminated on the ground of delay. However, in the event of grant of enhancement, they shall not be entitled for interest for the period of delay. D. Eswara Naidu v. Special Deputy Collector (L.A), C.A. No. 11355 of 2018 20-11-2018
Administration of Evacuee Property Act, 1950 - Section 10(2)(o) - Displaced Persons (Compensation and Rehabilitation) Act, 1954 - Validity of the Sale Certificate. Mahendra Pratap Dubey v. Managing Officer, Evacuee Property, JT 2018 (11) SC 241 : 2018 (14) Scale 785 C.A. No. 6384 of 2010 16-11-2018
Public Trusts Act, 1950 (Maharashtra) - Whether the property is a property of the trust and including the question as to whether it should be so recorded as the property of the trust, is a matter exclusively within the domain of the Charity Commissioner. Vijay Pullarwar v. Shri Hanuman Deostan, a Public Trust through its Trustees, JT 2018 (11) SC 484 : 2018 (14) Scale 769 C.A. No. 7789 of 2011 16-11-2018
Motor Vehicles Act, 1988 - The Act is a beneficial piece of legislation enacted to give solace to the victims of the motor accident who suffer bodily injury or die untimely. The Act is designed in a manner, which relieves the victims from ensuring strict compliance provided in law, which are otherwise applicable to the suits and other proceedings while prosecuting the claim petition filed under the Act for claiming compensation for the loss sustained by them in the accident. Vimla Devi v. National Insurance Company Limited, JT 2018 (11) SC 252 : 2018 (14) Scale 807 C.A. No. 11042 of 2018 16-11-2018
Civil Appeal - The need to remand the case has been occasioned as the Division Bench has not assigned any reason for dismissal of the appeals. Sumer Singh Jat v. State of Rajasthan, JT 2018 (11) SC 239 : 2018 (14) Scale 803 C.A. No. 11047 of 2018 16-11-2018
Abkari Act - Section 55 (1) - Insofar as the jail sentence is concerned, it may vary and extend up to 10 years depending upon the facts of each case, but insofar as the fine amount is concerned, the Court has to impose the minimum amount of Rs. one lakh. However, the Court has discretion to impose fine more than Rs. one lakh depending upon the facts of each case. Santosh @ Santosh Kumar v. State of Kerala, JT 2018 (11) SC 237 : 2018 (14) Scale 804 Crl.A. No. 1409 of 2018 16-11-2018
Industrial Disputes Act, 1947 - S. 10 - reference made to the Industrial Tribunal is improperly and presumptuously worded - travelled beyond the scope of the reference - an error apparent on the face of the record of the case - set aside the impugned order and remand the case to the High Court. Godrej & Boyce Manufacturing Company Ltd. v. Engineering Workers’ Association, 16-11-2018 JT 2018 (11) SC 249 : 2018 (14) Scale 813 C.A. No. 11063 of 2018 16-11-2018
Specific Performance - the first Appellate Court granted relief of specific performance of the agreement to sell for which there was no prayer in the plaint. Therefore, the High Court was justified in reversing the judgment. Rakesh Malhotra v. Kamaljit Singh Sandhu, JT 2018 (11) SC 397 : 2018 (15) Scale 101 C.A. No. 11070 of 2018 16-11-2018
Specific Performance - Whether third party can be impleaded in the suit. Hari Mohan Sharma v. Charanjeet Singh Rekhi, C.A. No. 11029 of 201816-11-2018
Chartered Accountants Act, 1949 - Ss. 22 r/w. 21 - Guilty of ‘Other Misconduct’. Council of the Institute of Chartered Accountants of India v. Gurvinder Singh, JT 2018 (11) SC 442 C.A. No. 11034 of 2018 16-11-2018
Criminal P.C. 1973 - Abuse of process caused by FIR stands aggravated if the FIR has taken the form of a charge sheet after investigation. Anand Kumar Mohatta v. State (Govt. of NCT of Delhi) Department of Home, JT 2018 (11) SC 227 : 2018 (14) Scale 756 http://bit.ly/CrlA1395of2018 15-11-2018
Service Law - Irregularities committed in the selection process. U.P. Jal Nigam v. Ajit Singh Patel, 2018 (14) Scale 793 C.A. No. 11017 of 2018 15-11-2018
Service Law - Applications for impleadment / intervention - Selection process of Ranker Sub-Inspector - not physically fit to participate in the physical efficiency test - permitted to approach the competent authority with supporting material. Mahendra Pratap Singh v. State of Uttar Pradesh, 2018 (15) Scale 240 C.A. No. 1242 of 2016 15-11-2018
Penal Code, 1860 - Ss. 364A, 302 & 201/34 - kidnapping for ransom and murder - crime was committed at a young age, when it is easy for people to get swayed by the lure of shortcuts to earn money - Though it is indeed a deeply condemnable act to destroy one’s own family for shortterm pecuniary gain, it is a dangerous presumption that a perpetrator of such an act is incapable of reform and rehabilitation just by virtue of having committed the crime, and indeed flies in the face of the concept of reform to begin with. Swapan Kumar Jha @ Sapan Kumar v. State of Jharkhand, 2018 (15) Scale 244 Crl.A. No. 1396 of 2012 15-11-2018
Land Law - Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Tamil Nadu) - Lands in which ryot in entitled to ryotwari patta - Ryotwari patta not to be granted in respect of private tank or oorani - Rights of owner or occupier not to be effected by temporary discontinuance of possession or occupation. Salem Municipality v. P. Kumar, C.A. No. 9 of 2014 15-11-2018
Election Law - Election to the post of Mukhiya to the Gram Panchayat Kansi - Election Tribunal ordered re-totaling - No technicality shall stand against the will of the people expressed through their votes. Usha Devi v. Bibha Devi, 2018 (15) Scale 238 C.A. No. 10999 of 2018 15-11-2018
Arbitration and Conciliation Act, 1996 - “Foreign Award” - Enforcement of Foreign Awards - Whether an application for enforcement under Section 47 of the Act is liable to be dismissed if it is not accompanied by the arbitration agreement - Whether there is a valid arbitration agreement between the parties and what is the effect of a party not signing the Charter Party. P.E.C. Limited v. Austbulk Shipping SDN BHD, JT 2018 (11) SC 467 : 2018 (15) Scale 25 C.A. No. 4834 of 2007 14-11-2018
Service Law - Forest Department - Regularization of Daily Wagers - Principle of Equal Pay for Equal Work - payment of the minimum of pay scales to the daily wagers. Sabha Shanker Dube v. Divisional Forest Officer, JT 2018 (11) SC 90 : 2018 (14) Scale 765 C.A. No. 10956 of 2018 14-11-2018
Protection of Children from Sexual Offences Act, 2012 - Ss. 3 & 4 - Penal Code, 1860 - S. 302 - since the offence of rape is not proved and as the offence of murder is proved beyond reasonable doubt, the accused is liable to be convicted for the offence under Section 302 IPC. the judgment of the Trial Court as well as the High Court convicting the accused for the offences under Sections 3 and 4 of the POCSO Act and imposing capital punishment on him stands set aside. However, for the offence under Section 302 IPC, the accused is sentenced to undergo imprisonment for life. Appeals are partly allowed. Prahlad v. State of Rajasthan, JT 2018 (11) SC 338 Crl.A. No. 1794 of 2017 14-11-2018
Penal Code, 1860 - Ss. 302, 307, 326, 324 & 448 - the appeals are disposed of by commuting the death sentence to one of life imprisonment and the death sentence imposed by the trial Court and, subsequently, confirmed by the High Court, is converted into life i.e. till the natural death of the appellant. It is specifically clarified that the appellant shall not be entitled to remission. Vijay Kumar v. State of Jammu & Kashmir, Crl.A. No. 1391 of 2018 14-11-2018
Protection of Children from Sexual Offences Act, 2012 - Ss. 3 & 4 - Penal Code, 1860 - Ss. 363 & 366 - Criminal P.C. 1973 - S. 319 - The High Court has not given sufficient reasons for allowing the application under Section 319 Cr.P.C. filed by prosecution. The impugned judgment of the High Court is unsustainable and is hereby set aside. Labhuji Amratji Thakor v. State of Gujarat, JT 2018 (11) SC 404 : 2018 (15) Scale 39 Crl.A. No. 1349 of 2018 13-11-2018
Bail Application - High Court, unfortunately, passed the impugned order in a casual way granting bail to the accused without assigning any valid and proper reason. Bail Cancelled. Manoj Kumar v. State of Uttar Pradesh, JT 2018 (11) SC 258 : 2018 (15) Scale 4 Crl.A. No. 1383 of 2018 13-11-2018
Land Acquisition - Fixation of the Land Value - these appeals are disposed of by setting aside the impugned Judgment and remitting the matters to the High Court, to be taken up along with the connected matters. Hawa Singh v. State of Haryana, C.A. No. 10936 of 2018 13-11-2018
Land Acquisition - Enhancement of compensation was declined by the High Court only on the ground of delay - Delay condoned in approaching the High Court on the condition that for the period of delay, they shall not be entitled to any statutory benefits in case any enhancement is granted by the High Court on merits. Kethu Penchal Reddy v. Special Deputy Collector (LA), 2018 (15) Scale 241 C.A. No. 10946 of 2018 13-11-2018
Land Acquisition - Contempt Proceedings - So far, State has not passed any Award in accordance with the directions given by the High Court - directs the State Government to pass an Award in accordance with law - compensation should be paid in accordance with the said Award - if any second appeal is pending, that may be considered on its own merits, in accordance with law. Manash Mohan Chatterjee v. Y. Ratnakar Rao, 2018 (15) Scale 1 Cont.P. No. 1041 of 2018 13-11-2018
Divorce Act, 1869 - S.10A - Decree of Divorce on Mutual Consent - The child is entitled to the love and affection, protection and guidance of both the parents and their families. The child also has a duty to respect, love and reciprocate the love and affection from both the parents and their families. parties are agreeable for extension of six months’ time for discharging the obligations under Clause 6 of the Agreement - appeal is disposed of in terms of the Settlement Agreement - contempt petition is closed. Meera V. Mathew v. Vivek K. John C.A. No. 10947 of 2018 13-11-2018
Rent Control & Eviction - Buildings (Lease and Rent Contorl) Act, 1960 (Tamil Nadu) - S. 11(4). V. Govindasamy v. T.C.R.C. Kannan (dead) By Lrs., C.A. No. 9283 of 2014 13-11-2018
Mines and Minerals - Lease - Environmental Clearance - Effect. Common Cause v. Union of India, 2018 (14) Scale 710 W.P. (C) No. 114 of 2014 12-11-2018
Constitutional Law - Fake Encounters - Extra Judicial Execution - Manipur. Lourembam Deben Singh v. Union of India, JT 2018 (11) SC 94 : 2018 (14) Scale 718 W.P. (Crl.) No. 205 of 2018 12-11-2018
Homeopathy Central Council Act, 1973 - S.12A - Request for grant of provisional affiliation. Tamil Nadu Dr. MGR Medical University v. SVS Educational and Social Trust, 2018 (14) Scale 705 C.A. No. 10920 of 2018 12-11-2018
Will - Interpretation of the terms of a Will - the testator wished that ‘Schedule A’ properties are to be enjoyed by the male children - it is within the power of the testator to decide whether he wants the property to be held by the male members. Sivasankar V.K. v. V.K. Sivan, JT 2018 (11) SC 42 : 2018 (14) Scale 635 C.A. No. 1206-1207 of 2015 02-11-2018
Advocates Act, 1961 - Sections 4, 10B, 15 & 49 - Bar Council of India Rules - Chapter I of Part II -Rule 2, 3 & 7 - For holding election of a member of Bar Council of India to be elected by State Bar Council, notice and agenda has to be issued by the Secretary of the State Bar Council, which is a statutory requirement. Pratap Mehta v. Sunil Gupta, 2018 (14) Scale 591 C.A. No. 8172-8173 of 2018 02-11-2018
Bail - High Court declined to grant bail - petitioner is not keeping well - It is for the petitioner to approach the Sessions Judge who, in his judicial discretion, is empowered to pass appropriate orders keeping in view the facts made out by the petitioner in that behalf after hearing all parties concerned. The special leave petition is dismissed. Dr. Ramesh Badlani v. State of M.P., 2018 (14) Scale 647 SLP (Crl.) No. 6568 of 2018 02-11-2018
Interpretation of Statues - Rule of interpretation says that a statute is best interpreted when we know why it was enacted, which can be seen from the preamble of an Act. If there are two possible interpretations of an enactment, one should avoid the construction which would reduce the legislation to futility and should rather accept the broader interpretation. A statute is designed to be workable and the interpretation thereof by the court should be to secure that object. Bangalore International Airport Area Planning Authority v. Birla Super Bulk Terminal (Now A Unit of Ultra Tech Cement Ltd.), JT 2018 (11) SC 510 : 2018 (15) SCALE 163 C.A. No. 9684 of 2011 27-11-2018
Evidence Law - alleged variance between the medical and ocular evidence - Oral evidence has to get primacy and the medical evidence is basically opinionative and that the medical evidence states that the injury could have been caused in the manner alleged and nothing more. The testimony of the eye witness cannot be thrown out on the ground of inconsistency. Palani v. State of Tamil Nadu, JT 2018 (11) SC 431 : 2018 (15) Scale 178 Crl.A. No. 1100 of 2009 27-11-2018
Penal Code, 1860 - Ss. 302 - Entire occurrence had taken place not at the spur of the moment - circumstances concluding the guilt of the appellant are clearly established. Ramji v. State of Punjab, JT 2018 (11) SC 385 : 2018 (15) Scale 184 Crl.A. No. 1479 of 2011 27-11-2018
Service Law - Sub-Inspector and Inspector (Civil Police) Service Rules, 2018 (Uttar Pradesh) - Alok Kumar Singh v. State of U.P., 2018 (15) Scale 189 C.A. No. 11370 of 2018 27-11-2018
Consumer Protection Act, 1986 - S. 23 - Flat - Compensation for delayed delivery of possession. CCI Projects (P) Ltd. v. Vrajendra Jogjivandas Thakkar, JT 2018 (11) SC 379 : 2018 (15) Scale 203 C.A. No. 6784 of 2018 27-11-2018
Service Law - Clubbing of all vacancies in various colleges under different universities in the State. Babloo Singh v. State of U.P., 2018 (15) Scale 208 S.L.P. (C) No. 31222 of 2018 27-11-2018
Service Law - Our country is governed by the rule of law. Arbitrariness is an anathema to the rule of law. When an employer invites applications for filling up a large number of posts, a large number of unemployed youth apply for the same. They spend time in filling the form and pay the application fees. Thereafter, they spend time to prepare for the examination. They spend time and money to travel to the place where written test is held. If they qualify the written test they have to again travel to appear for the interview and medical examination etc. Those who are successful and declared to be passed have a reasonable expectation that they will be appointed. No doubt, as pointed out above, this is not a vested right. However, the State must give some justifiable, nonarbitrary reason for not filling up the post. When the employer is the State it is bound to act according to Article 14 of the Constitution. It cannot without any rhyme or reason decide not to fill up the post. It must give some plausible reason for not filling up the posts. The courts would normally not question the justification but the justification must be reasonable and should not be an arbitrary, capricious or whimsical exercise of discretion vested in the State. Dinesh Kumar Kashyap v. South East Central Railway, JT 2018 (11) SC 414 : 2018 (15) Scale 213 C.A. No. 11360 of 2018 27-11-2018
Service Law - No doubt, no candidate has a vested right for appointment. But at the same time, the appointing authority cannot frustrate the whole instruction behind and purpose of preparation of a select list. If a vacancy had arisen before the expiry of the list, going by the instruction, the next available candidate in the select list had a legitimate expectation and claim for being considered for appointment. Gagandeep Singh v. State of Punjab, 2018 (15) Scale 294 C.A. No. 11365 of 2018 27-11-2018
Companies Act, 2013 - S.89 - Indian Trust Act, 1882 - S.3 - "Beneficial interest” - Declaration in respect of beneficial interest in any share - there are two parties involved in an issue governing beneficial interest. One is a beneficiary named as ‘beneficial owner’ and the other is the owner named as ‘registered owner’ being the trustee of the property or the asset in question. Thus, one can deduce the underlining principle that the ownership is nonetheless legal over the trust property, which vests on him but he also acts as a trustee of the beneficiary. A beneficial owner may include a person who stands behind the registered owner when he acts like a trustee, legal representative or an agent. Ahmed Abdulla Ahmed Al Ghurair (Through Their Power of Attorney Holder Mr. Bartholomew Kamya) v. Star Health and Allied Insurance Company Limited, 2018 (15) Scale 133 C.A. No. 9786 of 2018 26-11-2018
Service Law - Question of suppression of information or submission of false information in the verification form on issues pertaining to involvement in criminal cases and the effect thereof. State of Madhya Pradesh v. Abhijit Singh Pawar, JT 2018 (11) SC 388 : 2018 (15) Scale 154 C.A. No. 11356 of 2018 26-11-2018
Service Law - Disciplinary Proceedings - Since the charges against all the employees were identical and the employees were in the same cadre of ministerial service, the view in applying parity of treatment could not be faulted. State of Tamil Nadu v. M. Mangayarkarasi, C.A. No. 11345 of 2018 26-11-2018
Service Law - Public Service Commission - Selection of 178 posts of Sub Deputy Inspector of Schools. Uttar Pradesh Public Service Commission v. Surendra Kumar, JT 2018 (11) SC 344 : 2018 (15) Scale 113 C.A. No. 11149 of 2018 22-11-2018
Contempt of Court - Seal - Tampering - Veterinary Services Department. M.C. Mehta v. Union of India, JT 2018 (11) SC 439 : 2018 (15) Scale 109 W.P. (C) No. 4677 of 1985 22-11-2018
Arbitration and Conciliation Act, 1996 - S.11(6) - a right of appeal is a creature of statute and can only be exercised in the manner provided by the statute. South Delhi Municipal Corporation v. SMS AAMW Tollways Private Ltd., JT 2018 (11) SC 346 : 2018 (15) Scale 123 C.A. No. 11249 of 2018 22-11-2018
Medical Law - Indian Medical Council Act, 1956 - Dentists Act, 1948 - National Eligibility-cum-Entrance Test-UG (NEET-UG) 2018 - From the year 2019-20 onwards the NEET-UG Examination will be conducted by the National Testing Agency. Central Board of Secondary Education v. T.K. Rangarajan, JT 2018 (11) SC 331 : 2018 (15) Scale 116 C.A. No. 11230 of 2018 22-11-2018
Civil P.C. 1908 - O.9 R.13 - Set aside the ex-parte decree - delay of twenty months and thirteen days - Appeal allowed. Khodiyaar Rolling Mills v. Paschim Gujarat Vij Company Ltd., JT 2018 (11) SC 444 C.A. No. 11227 of 2018 20-11-2018
Land Acquisition Act, 1894 - S.4(1) - in case similarly situated persons covered by the very same notification have been granted compensation @ Rs.4,000/- per lemon tree, the petitioners herein may not be discriminated on the ground of delay. However, in the event of grant of enhancement, they shall not be entitled for interest for the period of delay. D. Eswara Naidu v. Special Deputy Collector (L.A), C.A. No. 11355 of 2018 20-11-2018
Administration of Evacuee Property Act, 1950 - Section 10(2)(o) - Displaced Persons (Compensation and Rehabilitation) Act, 1954 - Validity of the Sale Certificate. Mahendra Pratap Dubey v. Managing Officer, Evacuee Property, JT 2018 (11) SC 241 : 2018 (14) Scale 785 C.A. No. 6384 of 2010 16-11-2018
Public Trusts Act, 1950 (Maharashtra) - Whether the property is a property of the trust and including the question as to whether it should be so recorded as the property of the trust, is a matter exclusively within the domain of the Charity Commissioner. Vijay Pullarwar v. Shri Hanuman Deostan, a Public Trust through its Trustees, JT 2018 (11) SC 484 : 2018 (14) Scale 769 C.A. No. 7789 of 2011 16-11-2018
Motor Vehicles Act, 1988 - The Act is a beneficial piece of legislation enacted to give solace to the victims of the motor accident who suffer bodily injury or die untimely. The Act is designed in a manner, which relieves the victims from ensuring strict compliance provided in law, which are otherwise applicable to the suits and other proceedings while prosecuting the claim petition filed under the Act for claiming compensation for the loss sustained by them in the accident. Vimla Devi v. National Insurance Company Limited, JT 2018 (11) SC 252 : 2018 (14) Scale 807 C.A. No. 11042 of 2018 16-11-2018
Civil Appeal - The need to remand the case has been occasioned as the Division Bench has not assigned any reason for dismissal of the appeals. Sumer Singh Jat v. State of Rajasthan, JT 2018 (11) SC 239 : 2018 (14) Scale 803 C.A. No. 11047 of 2018 16-11-2018
Abkari Act - Section 55 (1) - Insofar as the jail sentence is concerned, it may vary and extend up to 10 years depending upon the facts of each case, but insofar as the fine amount is concerned, the Court has to impose the minimum amount of Rs. one lakh. However, the Court has discretion to impose fine more than Rs. one lakh depending upon the facts of each case. Santosh @ Santosh Kumar v. State of Kerala, JT 2018 (11) SC 237 : 2018 (14) Scale 804 Crl.A. No. 1409 of 2018 16-11-2018
Industrial Disputes Act, 1947 - S. 10 - reference made to the Industrial Tribunal is improperly and presumptuously worded - travelled beyond the scope of the reference - an error apparent on the face of the record of the case - set aside the impugned order and remand the case to the High Court. Godrej & Boyce Manufacturing Company Ltd. v. Engineering Workers’ Association, 16-11-2018 JT 2018 (11) SC 249 : 2018 (14) Scale 813 C.A. No. 11063 of 2018 16-11-2018
Specific Performance - the first Appellate Court granted relief of specific performance of the agreement to sell for which there was no prayer in the plaint. Therefore, the High Court was justified in reversing the judgment. Rakesh Malhotra v. Kamaljit Singh Sandhu, JT 2018 (11) SC 397 : 2018 (15) Scale 101 C.A. No. 11070 of 2018 16-11-2018
Specific Performance - Whether third party can be impleaded in the suit. Hari Mohan Sharma v. Charanjeet Singh Rekhi, C.A. No. 11029 of 201816-11-2018
Chartered Accountants Act, 1949 - Ss. 22 r/w. 21 - Guilty of ‘Other Misconduct’. Council of the Institute of Chartered Accountants of India v. Gurvinder Singh, JT 2018 (11) SC 442 C.A. No. 11034 of 2018 16-11-2018
Criminal P.C. 1973 - Abuse of process caused by FIR stands aggravated if the FIR has taken the form of a charge sheet after investigation. Anand Kumar Mohatta v. State (Govt. of NCT of Delhi) Department of Home, JT 2018 (11) SC 227 : 2018 (14) Scale 756 http://bit.ly/CrlA1395of2018 15-11-2018
Service Law - Irregularities committed in the selection process. U.P. Jal Nigam v. Ajit Singh Patel, 2018 (14) Scale 793 C.A. No. 11017 of 2018 15-11-2018
Service Law - Applications for impleadment / intervention - Selection process of Ranker Sub-Inspector - not physically fit to participate in the physical efficiency test - permitted to approach the competent authority with supporting material. Mahendra Pratap Singh v. State of Uttar Pradesh, 2018 (15) Scale 240 C.A. No. 1242 of 2016 15-11-2018
Penal Code, 1860 - Ss. 364A, 302 & 201/34 - kidnapping for ransom and murder - crime was committed at a young age, when it is easy for people to get swayed by the lure of shortcuts to earn money - Though it is indeed a deeply condemnable act to destroy one’s own family for shortterm pecuniary gain, it is a dangerous presumption that a perpetrator of such an act is incapable of reform and rehabilitation just by virtue of having committed the crime, and indeed flies in the face of the concept of reform to begin with. Swapan Kumar Jha @ Sapan Kumar v. State of Jharkhand, 2018 (15) Scale 244 Crl.A. No. 1396 of 2012 15-11-2018
Land Law - Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Tamil Nadu) - Lands in which ryot in entitled to ryotwari patta - Ryotwari patta not to be granted in respect of private tank or oorani - Rights of owner or occupier not to be effected by temporary discontinuance of possession or occupation. Salem Municipality v. P. Kumar, C.A. No. 9 of 2014 15-11-2018
Election Law - Election to the post of Mukhiya to the Gram Panchayat Kansi - Election Tribunal ordered re-totaling - No technicality shall stand against the will of the people expressed through their votes. Usha Devi v. Bibha Devi, 2018 (15) Scale 238 C.A. No. 10999 of 2018 15-11-2018
Arbitration and Conciliation Act, 1996 - “Foreign Award” - Enforcement of Foreign Awards - Whether an application for enforcement under Section 47 of the Act is liable to be dismissed if it is not accompanied by the arbitration agreement - Whether there is a valid arbitration agreement between the parties and what is the effect of a party not signing the Charter Party. P.E.C. Limited v. Austbulk Shipping SDN BHD, JT 2018 (11) SC 467 : 2018 (15) Scale 25 C.A. No. 4834 of 2007 14-11-2018
Service Law - Forest Department - Regularization of Daily Wagers - Principle of Equal Pay for Equal Work - payment of the minimum of pay scales to the daily wagers. Sabha Shanker Dube v. Divisional Forest Officer, JT 2018 (11) SC 90 : 2018 (14) Scale 765 C.A. No. 10956 of 2018 14-11-2018
Protection of Children from Sexual Offences Act, 2012 - Ss. 3 & 4 - Penal Code, 1860 - S. 302 - since the offence of rape is not proved and as the offence of murder is proved beyond reasonable doubt, the accused is liable to be convicted for the offence under Section 302 IPC. the judgment of the Trial Court as well as the High Court convicting the accused for the offences under Sections 3 and 4 of the POCSO Act and imposing capital punishment on him stands set aside. However, for the offence under Section 302 IPC, the accused is sentenced to undergo imprisonment for life. Appeals are partly allowed. Prahlad v. State of Rajasthan, JT 2018 (11) SC 338 Crl.A. No. 1794 of 2017 14-11-2018
Penal Code, 1860 - Ss. 302, 307, 326, 324 & 448 - the appeals are disposed of by commuting the death sentence to one of life imprisonment and the death sentence imposed by the trial Court and, subsequently, confirmed by the High Court, is converted into life i.e. till the natural death of the appellant. It is specifically clarified that the appellant shall not be entitled to remission. Vijay Kumar v. State of Jammu & Kashmir, Crl.A. No. 1391 of 2018 14-11-2018
Protection of Children from Sexual Offences Act, 2012 - Ss. 3 & 4 - Penal Code, 1860 - Ss. 363 & 366 - Criminal P.C. 1973 - S. 319 - The High Court has not given sufficient reasons for allowing the application under Section 319 Cr.P.C. filed by prosecution. The impugned judgment of the High Court is unsustainable and is hereby set aside. Labhuji Amratji Thakor v. State of Gujarat, JT 2018 (11) SC 404 : 2018 (15) Scale 39 Crl.A. No. 1349 of 2018 13-11-2018
Bail Application - High Court, unfortunately, passed the impugned order in a casual way granting bail to the accused without assigning any valid and proper reason. Bail Cancelled. Manoj Kumar v. State of Uttar Pradesh, JT 2018 (11) SC 258 : 2018 (15) Scale 4 Crl.A. No. 1383 of 2018 13-11-2018
Land Acquisition - Fixation of the Land Value - these appeals are disposed of by setting aside the impugned Judgment and remitting the matters to the High Court, to be taken up along with the connected matters. Hawa Singh v. State of Haryana, C.A. No. 10936 of 2018 13-11-2018
Land Acquisition - Enhancement of compensation was declined by the High Court only on the ground of delay - Delay condoned in approaching the High Court on the condition that for the period of delay, they shall not be entitled to any statutory benefits in case any enhancement is granted by the High Court on merits. Kethu Penchal Reddy v. Special Deputy Collector (LA), 2018 (15) Scale 241 C.A. No. 10946 of 2018 13-11-2018
Land Acquisition - Contempt Proceedings - So far, State has not passed any Award in accordance with the directions given by the High Court - directs the State Government to pass an Award in accordance with law - compensation should be paid in accordance with the said Award - if any second appeal is pending, that may be considered on its own merits, in accordance with law. Manash Mohan Chatterjee v. Y. Ratnakar Rao, 2018 (15) Scale 1 Cont.P. No. 1041 of 2018 13-11-2018
Divorce Act, 1869 - S.10A - Decree of Divorce on Mutual Consent - The child is entitled to the love and affection, protection and guidance of both the parents and their families. The child also has a duty to respect, love and reciprocate the love and affection from both the parents and their families. parties are agreeable for extension of six months’ time for discharging the obligations under Clause 6 of the Agreement - appeal is disposed of in terms of the Settlement Agreement - contempt petition is closed. Meera V. Mathew v. Vivek K. John C.A. No. 10947 of 2018 13-11-2018
Rent Control & Eviction - Buildings (Lease and Rent Contorl) Act, 1960 (Tamil Nadu) - S. 11(4). V. Govindasamy v. T.C.R.C. Kannan (dead) By Lrs., C.A. No. 9283 of 2014 13-11-2018
Mines and Minerals - Lease - Environmental Clearance - Effect. Common Cause v. Union of India, 2018 (14) Scale 710 W.P. (C) No. 114 of 2014 12-11-2018
Constitutional Law - Fake Encounters - Extra Judicial Execution - Manipur. Lourembam Deben Singh v. Union of India, JT 2018 (11) SC 94 : 2018 (14) Scale 718 W.P. (Crl.) No. 205 of 2018 12-11-2018
Homeopathy Central Council Act, 1973 - S.12A - Request for grant of provisional affiliation. Tamil Nadu Dr. MGR Medical University v. SVS Educational and Social Trust, 2018 (14) Scale 705 C.A. No. 10920 of 2018 12-11-2018
Will - Interpretation of the terms of a Will - the testator wished that ‘Schedule A’ properties are to be enjoyed by the male children - it is within the power of the testator to decide whether he wants the property to be held by the male members. Sivasankar V.K. v. V.K. Sivan, JT 2018 (11) SC 42 : 2018 (14) Scale 635 C.A. No. 1206-1207 of 2015 02-11-2018
Advocates Act, 1961 - Sections 4, 10B, 15 & 49 - Bar Council of India Rules - Chapter I of Part II -Rule 2, 3 & 7 - For holding election of a member of Bar Council of India to be elected by State Bar Council, notice and agenda has to be issued by the Secretary of the State Bar Council, which is a statutory requirement. Pratap Mehta v. Sunil Gupta, 2018 (14) Scale 591 C.A. No. 8172-8173 of 2018 02-11-2018
Bail - High Court declined to grant bail - petitioner is not keeping well - It is for the petitioner to approach the Sessions Judge who, in his judicial discretion, is empowered to pass appropriate orders keeping in view the facts made out by the petitioner in that behalf after hearing all parties concerned. The special leave petition is dismissed. Dr. Ramesh Badlani v. State of M.P., 2018 (14) Scale 647 SLP (Crl.) No. 6568 of 2018 02-11-2018
Labour Law - “Break in service” cannot be allowed as a ground by way of punishment. Management of Sri Ramnarayan Mills Ltd. v. Secretary Coimbatore District Textile Workers Union (HMS),AIR 2018 SC 5379 : JT 2018 (11) SC 8 : 2018 (14) Scale 648 02-11-2018 C.A. No. 1977 of 2010 02-11-2018
Workmen’s Compensation Act, 1923 - Section 4A (3) - Grant of interest on the awarded sum - When does the payment of compensation under the Act “becomes due” and consequently what is the point of time from which interest on such amount is payable. North East Karnataka Road Transport Corporation v. Sujatha, AIR 2018 SC 5593 : JT 2018 (11) SC 11 : 2018 (14) Scale 608 C.A. No. 7470 of 2009 02-11-2018
Criminal P.C. 1973 - S.482 - Penal Code, 1860 - Ss. 447, 406, 420, 120B - Prevention of Corruption Act, 1988 - S. 13(2) - Prevention of Damage to Public Property Act, 1984 - S.3 - Quashing the FIR. Himachal Pradesh Cricket Association v. State of Himachal Pradesh, 2018 (14) Scale 816 Crl.A. No. 1258 of 2018 02-11-2018
Mediation - Appeal is disposed of in terms of the Settlement Agreement. Shobha Devi v. State of Bihar, Crl.A. No. 1345 of 2018 02-11-2018
Criminal P.C. 1973 - S.482 - Penal Code, 1860 - Ss. 447, 406, 420, 120B - Prevention of Corruption Act, 1988 - S. 13(2) - Prevention of Damage to Public Property Act, 1984 - S.3 - Quashing the FIR. Himachal Pradesh Cricket Association v. State of Himachal Pradesh, 2018 (14) Scale 816 Crl.A. No. 1258 of 2018 02-11-2018
Mediation - Appeal is disposed of in terms of the Settlement Agreement. Shobha Devi v. State of Bihar, Crl.A. No. 1345 of 2018 02-11-2018
Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 - Security Interest (Enforcement) Rules, 2002 - the borrower/debtor can approach the Debts Recovery Tribunal under section 17 of the Act at the stage of the possession notice referred to in rule 8(1) and 8(2) of the 2002 Rules. Hindon Forge Pvt. Ltd. v. State of Uttar Pradesh through District Magistrate Ghaziabad, AIR 2018 SC 5383 : 2018 (14) Scale 543 bit.ly/CA10873of2018 01-11-2018
Arbitration & Conciliation Act, 1996 - Special Leave Petition - the Arbitrator would mediate between the parties and submit his report by the next date of hearing on the disputes as to whether the parties have amicably settled the same or not, and if so, on what grounds. In the meantime and till next date of hearing, petitioner shall not be arrested in connection with the offences in question. Geeta Devi v. State of Rajasthan, S.L.P. (Crl.) No. 8271 of 2018 01-11-2018
Workmen's Compensation Act, 1923 - Functional Disability - a further compensation of a lump sum amount of Rs.10 Lacs will be just, fair and proper. Arun Kumar Jha v. Ranvir Singh, 2018 (15) Scale 242 C.A. No.10880 of 2018 01-11-2018
Death Penalty - If death penalty is to be affirmed even while dismissing the Special Leave Petition in limine, it should be by a reasoned order on the aspect of sentence, at least. Babasaheb Maruti Kamble v. State of Maharashtra, 2018 (15) Scale 235 R.P. (Crl.) No. 388 of 2015 01-11-2018
Life Imprisonment - Life sentence should be with a cap of 20 years’ rigorous imprisonment (RI) which would mean that the appellant shall not be entitled to make any representation for remission till he completes 20 years of RI. Jitendra @ Jeetu v. State of Madhya Pradesh, 2018 (15) Scale 333 R.P. (Crl.) No. 324 of 2015 01-11-2018
Workmen's Compensation Act, 1923 - Functional Disability - a further compensation of a lump sum amount of Rs.10 Lacs will be just, fair and proper. Arun Kumar Jha v. Ranvir Singh, 2018 (15) Scale 242 C.A. No.10880 of 2018 01-11-2018
Death Penalty - If death penalty is to be affirmed even while dismissing the Special Leave Petition in limine, it should be by a reasoned order on the aspect of sentence, at least. Babasaheb Maruti Kamble v. State of Maharashtra, 2018 (15) Scale 235 R.P. (Crl.) No. 388 of 2015 01-11-2018
Life Imprisonment - Life sentence should be with a cap of 20 years’ rigorous imprisonment (RI) which would mean that the appellant shall not be entitled to make any representation for remission till he completes 20 years of RI. Jitendra @ Jeetu v. State of Madhya Pradesh, 2018 (15) Scale 333 R.P. (Crl.) No. 324 of 2015 01-11-2018