Supreme Court of India Yearly Digest 2018

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

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

Academic Nature - Key Answer - When there are conflicting views, then the court must bow down to the opinion of the experts. Judges are not and cannot be experts in all fields and, therefore, they must exercise great restraint and should not overstep their jurisdiction to upset the opinion of the experts. Uttar Pradesh Public Service Commission v. Rahul Singh, AIR 2018 SC 2861 : JT 2018 (6) SC 102 : 2018 (8) SCALE 25 : (2018) 7 SCC 254 C.A. No. 5838 of 2018 14-06-2018

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

Administrative Law - Application of Mind - Bangalore Development Authority (BDA) without applying mind declined to restore record of rights (RoR) - Held, unsustainable. Lakshmamma v. Commissioner; Bangalore Development Authority, 2018 ALT (Rev) 114 : 2018 (3) KarLJ 316 : 2018 (5) Scale 246 : (2018) 5 SCC 760 : 2018 (3) Supreme 293 C.A. No. 4088 of 2010 28-03-2018

Administrative Law - Appointment under the Evictee Scheme - Under the Evictee Scheme, what is available is only appointment under either Grade 'C' or Grade 'D' post. However, taking note of the vast experience and qualification of the first respondent, it will be open to the appellants to utilize her services appropriately, ignoring the category under which she is appointed. Union of India v. Acquilin Rose M., C.A. No. 1877 of 2018 13-02-2018

Advocate - Whether foreign law firms / lawyers are permitted to practice in India. Bar Council of India v. A.K. Balaji, 2018 (3) ABR 782 : AIR 2018 SC 1382 : 2018 AIR (SCW) 1382 : 2018 (3) ALD 135 : 2018 (1) GLH 785 : 2018 (2) JLJR 206 : JT 2018 (3) SC 411 : 2018 (2) KLJ 453 : 2018 (3) MLJ 470 : 2018 (2) PLJR 378 : 2018 (2) RCR (Civil) 427 : 2018 (4) Scale 475 : (2018) 5 SCC 379 : 2018 (2) SCC (Cri) 734 : 2018 (2) SCC (L&S) 39 : 2018 (2) SLT 457 : 2018 (2) Supreme 586 C.A. No. 7875 of 2015 13-03-2018

Advocates - Bar Councils and Associations - State Bar Councils - Free and fair elections - Directions. Ajayinder Sangwan v. Bar Council of Delhi, JT 2018 (2) SC 122 : 2018 (2) Scale 249 : (2018) 2 SCC 770 : 2018 (1) SCC(Cri) 850 T.C. (C) No. 126 of 2015 05-02-2018

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

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

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

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

Anticipatory Bail - Abetment of Suicide. Bhausaheb v. State of Maharashtra, (2018) 3 SCC 221 : 2018 (2) Scale 341 : 2018 (1) RCR (Criminal) 987 : 2018 (2) SCC (Cri) 24 Crl.A. No. 194 of 2018 30-01-2018

Anticipatory Bail - De-facto complainant has no objection if protection under Section 438(2) Cr.P.C. is granted to the accused, in case he is permitted to withdraw the amount deposited before the Court. Bikash Manna v. State of West Bengal; (2018) 3 SCC 47 : 2018 (2) Scale 339 : 2018 (1) RCR (Crl.) 986 : 2018 (1) SCC (Cri) 681 Crl.A. No. 195 of 2018 30-01-2018

Anticipatory Bail - Whether should be for a limited period of time - Referred to Larger Bench. Sushila Aggarwal v. State (Nct of Delhi), 2018 (103) AllCC 995 : 2018 (3) Bom.C.R.(Cri.) 240 : JT 2018 (5) SC 137 : 2018 (7) Scale 549 S.L.P. (Crl.) No. 7281 of 2017 15-05-2018

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 - 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 - If the party which executes discharge agreement/discharge voucher, alleges that the execution of such discharge agreement or voucher was on account of fraud/coercion/undue influence practised by the other party but is not able to establish such a claim or appears to be lacking in credibility, then it is not open to the courts to refer the dispute to arbitration at all. ONGC Mangalore Petrochemicals v. Ans Constructions, AIR 2018 SC 796 : 2018 (1) ArbLR 597 : JT 2018 (2) SC 212 : 2018 (3) MLJ 684 : 2018 (2) RAJ 157 : 2018 (2) RCR (Civil) 548 : 2018 (2) Scale 354 : (2018) 3 SCC 373 C.A. No. 1659 of 2018 07-02-2018

Arbitration - M.P. Madhyastham Adhikaran Adhiniyam, 1983 - Object of the Legislation - Speedy Dispute Resolution Mechanism - the State must monitor timeliness so that arbitration proceedings do not take unduly long time. One to two years may be taken as reasonable time for the purpose. Essel Infra Projects v. State of Madhya Pradesh, 2018 (6) SCALE 156 C.A. No. 4250 of 2018 19-04-2018

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 - While applying price adjustment formula for calculating the price adjustment of bitumen, it is the base rate which is to be applied and not the current rate. National Highway Authority of India v. Progressivemvr, AIR 2018 SC 1270 : 2018 (2) ArbLR 111 : 2018 (2) RAJ 670 : 2018 (3) Scale 333 : 2018 (2) Supreme 81 C. A. No. 458 / 2018 23-02-2018

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

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

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 (Amendment) Act, 2015 - Amendment Act is only prospective in application. Board of Control for Cricket in India v. Kochi Cricket Pvt. Ltd., AIR 2018 SC 1549 : 2018 (2) ArbLR 170 : 2018 (3) Bom.C.R. 659 : 2018 (4) Scale 502 : (2018) 6 SCC 287 : 2018 (2) Supreme 721 C.A. No. 2879 of 2018 15-03-2018

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

Arbitration and Conciliation Act, 1996 - Any challenge to the arbitrator appointed ought to have been raised before the arbitrator himself in the first instance. SP Singla Constructions Pvt. Ltd. v. State of Himachal Pradesh, C.A. No. 11824 of 2018 04-12-2018

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 - Determination of International commercial arbitration or Foreign Seated arbitration. Union of India v. Hardy Exploration and Production (India) Inc., 2018 AllCJ 1500 : 2018 (3) ArbLR 156 : JT 2018 (5) SC 432 : 2018 (3) RAJ 534 : 2018 (6) Scale 504 : (2018) 7 SCC 374 C.A. No. 4628 of 2018 01-05-2018

Arbitration and Conciliation Act, 1996 - Difference between reference to another document in a contract and incorporation of another document in a contract, by reference. Elite Engineering and Construction v. Techtrans Construction, 2018 (2) ArbLR 100 : 2018 (2) ALT 102 : 2018 (126) CLT 112 : 2018 (2) RAJ 643 : 2018 (2) RCR (Civil) 312 : 2018 (3) Scale 352 : (2018) 4 SCC 281 : 2018 (1) Supreme 738 C. A. No. 2439 / 2018 23-02-2018

Arbitration and Conciliation Act, 1996 - Enforcement of an award through its execution can be filed anywhere in the country where such decree can be executed and there is no requirement for obtaining a transfer of the decree from the Court, which would have jurisdiction over the arbitral proceedings. Sundaram Finance v. Abdul Samad, AIR 2018 SC 965 : 2018 (128) ALR 744 : 2018 (3) ALD 79 : 2018 (2) CTC 101 : 2018 (2) ArbLR 1 : 2018 (1) JLJ 511 : JT 2018 (3) SC 16 : 2018 (1) KLJ 803 : 2018 (2) KLT 293 : 2018 (36) LCD 568 : 2018 (2) Mh.L.J. 301 : 2018 (3) MLJ 862 : 2018 (1) MPLJ 640 : 2018 (2) RAJ 133 : 2018 (1) RCR (Civil) 994 : (2018) 3 SCC 622 : 2018 (2) SLT 89 : 2018 (3) Supreme 198, 2018 (140) RD 538 : 2018 (2) SCALE 467 C.A. No. 1650 of 2018 15-02-2018

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. 11. IBI Consultancy India v. Dsc, AIR 2018 SC 2907 : 2018 (3) ALT 57 : 2018 (3) ArbLR 181 : JT 2018 (4) SC 284 Arbit. Case (C) No. 53 of 2016 16-04-2018

Arbitration and Conciliation Act, 1996 - S. 33. Oswal Woollen Mills v. Oswal Agro Mills, AIR 2018 SC 1988 : 2018 (3) ArbLR 187 : 2018 (2) RCR (Civil) 938 : 2018 (5) Scale 542 : 2018 (4) Supreme 605 C.A. No. 3776 of 2018 13-04-2018

Arbitration and Conciliation Act, 1996 - S. 34 - Application for setting aside arbitral award - Limitation period prescribed under Section 34(3) of the Act would commence only from the date of signed copy of the award delivered to the party making the application for setting it aside. Anilkumar Jinabhai Patel v. Pravinchandra Jinabhai Patel, AIR 2018 SC 1627 : 2018 (4) ALD 66 : 2018 (3) ArbLR 163 : 2018 (2) RCR (Civil) 730 : 2018 (5) Scale 88 : 2018 (3) Supreme 245 C.A. No. 3313 of 2018 27-03-2018

Arbitration and Conciliation Act, 1996 - S. 7(5) - though general reference to an earlier contract is not sufficient for incorporation of an arbitration clause in the later contract, a general reference to a standard form would be enough for incorporation of the arbitration clause. Inox Wind Ltd. v. Thermocables, AIR 2018 SC 349 : (2018) 2 SCC 519 : JT 2018 (1) SC 131 : 2018 (1) Scale 77 : 2018 (127) ALR 200 : 2018 (1) ArbLR 1 : 2018 (1) CGLJ 338 : 2018 (1) JLJR 254 : 2018 (36) LCD 326 : 2018 (1) PLJR 388 : 2018 (1) RAJ 562 : 2018 (1) RCR(Civil) 552 : 2018 (1) SLT 509 : 2018 (1) Supreme 1 : 2018 (2) MLJ 119 C.A. No. 19 of 2018 05-01-2018

Arbitration and Conciliation Act, 1996 - S. 73 - Settlement Agreement - the respondents are liable to pay Interest on the principal sum of Rs.1610 crores to the appellant at rate of 8% per annum payable from 10.11.2012, i.e. when the entire payment became due. State Trading Corporation of India Ltd. v. Global Steel Holding Limited, C.A. No. 11907 of 2018 06-12-2018

Arbitration and Conciliation Act, 1996 - S. 8. Ameet Lalchand Shah v. Rishabh Enterprises, AIR 2018 SC 3041 : 2018 (3) ArbLR 120 : 2018 (5) MLJ 496 : 2018 (3) RAJ 609 : 2018 (2) RCR (Civil) 879 : 2018 (6) Scale 621 : 2018 (4) SLT 9 C.A. No. 4690 of 2018 03-05-2018

Arbitration and Conciliation Act, 1996 - S. 8. Purushottam v. Anil, AIR 2018 SC 2325 : 2018 (3) ALD 188 : 2018 (3) ArbLR 145 : 2018 (4) Bom.C.R. 457 : JT 2018 (4) SC 603 : 2018 (3) RAJ 576 : 2018 (3) RCR (Civil) 109 : 2018 (6) Scale 607 : (2018) 8 SCC 95 C.A. No. 4664 of 2018 - 02-05-2018

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

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 - Limitation Act, 1963 - Sections 5 and 14 - Extension of prescribed period in certain cases - Exclusion of time of proceeding bona fide in court without jurisdiction - Application for setting aside arbitral award - Application for condoning a delay of 514 days. Simplex Infrastructure Ltd. v. Union of India C.A. No. 11866 of 2018 05-12-2018

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. 34 & 42 - Companies Act, 2013 - Registration Act, 1908 - S. 17. Cheran Propertiees v. Kasturi and Sons, 2018 (3) ArbLR 228 : 2018 (6) Scale 267 : 2018 (4) Supreme 451 C.A. No. 10025 of 2017 24-04-2018

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

Arbitration and Conciliation Act, 1996 - Ss. 7, 8 & 11(6) - Insurance Policy - Parties are bound by the clauses enumerated in the policy and the court does not transplant any equity to the same by rewriting a clause. Oriental Insurance v. Narbheram Power and Steel Pvt. Ltd; 2018 ACJ 1777 : AIR 2018 SC 2295 : 2018 (3) CTC 101 : JT 2018 (4) SC 521 : 2018 (2) KLT SN 59 (C.No.70) : 2018 (5) MLJ 350 : 2018 (3) RAJ 549 : 2018 (2) RCR (Civil) 909 : 2018 (6) Scale 545 : (2018) 6 SCC 534 : C.A. No. 2268 of 2018 02-05-2018

Arbitration and Conciliation Act, 1996 - Whether an award delivered by an Arbitrator, which decides the issue of limitation, can be said to be an interim award, and whether such interim award can then be set aside. Indian Farmers Fertilizer Co Operative Limited v. Bhadra Products, AIR 2018 SC 627 : 2018 (2) ALT 4 : 2018 (129) ALR 927 : 2018 (1) ArbLR 271 : 2018 (1) CTC 669 : JT 2018 (1) SC 433 : 2018 (2) MLJ 747 : 2018 (1) OLR 430 : 2018 (2) RAJ 1 : 2018 (1) RCR (Civil) 793 : 2018 (1) Scale 442 : (2018) 2 SCC 534 : 2018 (1) SLT 671 : 2018 (1) Supreme 306 : 2018 (1) UC 588 C.A. No. 824 of 2018 23-01-2018

Armed Forces - Marriage with a foreign national - requisite intimation in that behalf is required to be made and appropriate permission is also required to be obtained - the policy in question is aimed at regulating certain aspects while the officers are in service. SQN. LDR. (Retd.) Navtej Singh v. Union of India C.A. No. 11876 of 2018 05-12-2018

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

Armed Forces Tribunal Act, 2007 - Jurisdiction - Service Conditions. Lt. Col. Vijaynath Jha v. Union of India, AIR 2018 SC 2746 : JT 2018 (5) SC 286 : 2018 (7) SCALE 626 : (2018) 7 SCC 303 C.A. No. 2020 of 2013 18-05-2018

Armed Forces Tribunal Act, 2007 - S. 32 - The work record of the appellant shows that he is a very good officer. It also reflects that from time to time he has been given important assignments which he has been able to accomplish and discharge to the satisfaction of his superiors. It is because of these reasons he has earned commendations insofar as performance of his duties is concerned. May be he has nurtured the impression that he is the best, and that is not factually correct. However, it also cannot be denied that he has proved to be a useful officer to the Navy. Such a person deserves to get what is legitimately due to him - the respondents would keep in mind the aforesaid factors and give him the promotion in his turn without delaying the same and his promising career would not be put in jeopardy. Commodore P. K. Banerjee v. Union of India, (2018) 4 SCC 355 : 2018 (1) SCC(L&S) 735 : 2018 (3) Supreme 349 C.A. No. 1843 of 2018 12-02-2018

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

Arms Act, 1959 - Ss. 3 & 25(1AA) - Penal Code, 1860 - Ss. 399 r/w, 120B - Licence for acquisition and possession of firearms and ammunition - Manufacture, sale, transfer etc. of the prohibited arms - What is the offence for which the appellant is to be convicted for the possession of the country made pistol loaded with live cartridges and for possession of two other live cartridges. Held, Since the prosecution has not adduced any evidence to substantiate the allegation of manufacture, the conviction of the accused under Section 25(1AA) cannot be sustained - Possession of the country made pistol without licence is punishable under Section 25(1B)(a) of the Arms Act - Conviction of the accused under Section 25(1AA) of the Arms Act is modified to Section 25(1B) (a) and the sentence of imprisonment is modified to the period already undergone. Samir Ahmed Rafiqahmed Ansari v. State of Gujarat, 2018 (4) Crimes 98 : JT 2018 (10 ) SC 594 : 2018 (4) RCR (Criminal) 734 Crl.A. No. 992 of 2016 04-10-2018

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 - Appoint the petitioner as Director General Medical Services DGMS (Army). Lt. Gen. Manomoy Ganguly, VSM v. Union of India, JT 2018 (10) SC 574 : 2018 (14) Scale 379 W.P. (C) No. 980 of 2018 29-10-2018

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

Army Law - the Court of Inquiry (COI) failed to adhere to the procedure laid down in Army Rule 180; it’s findings are based on the material which could not be relied upon without its formal proof (like the allegations in the complaint or the report of discreet inquiry); and there is a violation of principle of natural justice. We, thus, allow the appeals of the Officer and set aside the impugned judgment of the AFT and also the punishment of 'Severe Displeasure (Recordable)'. Union of India v. Col. A.D. Nargolkar, 2018 (14) Scale 325 C.A. No. 10686 of 2018 24-10-2018

Army Law - Voluntary Retirement - Disability Pension - An officer, who seeks voluntary retirement and whose disability is 20% or more, either attributable to or aggravated by military service, will be entitled to disability pension. Ex. Lt. Col. R.K. Rai v. Union of India, AIR 2018 SC 3555 : 2018 (5) All.M.R. 458 : JT 2018 (2) SC 397 : 2018 (4) MLJ 46 : 2018 (3) Scale 108 : 2018 (1) SCC(L&S) 615 : 2018 (1) Supreme 683 C.A. No. 3101 of 2015 16-02-2018

Army Rules, 1954 - R.129 - Friend of accused - Summary Court Martial - Assault on a superior officer - Use of abusive language against a Subedar who had found the appellant to be not properly dressed for the parade - Assistance of a civil advocate was denied - there was a clear violation of the principles of natural justice. Jaswant Singh v. Union of India C.A. 6886 of 2014 10-12-2018

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

Auction - did not give adequate publicity - committed an error in fixing reserve price of the land at a very less amount - the value and the potential of the land, should have given adequate publicity in the leading national English, Hindi newspapers having circulation all over the country including any other prescribed mode of publication with a sole object to attract participation of more and more persons in the auction proceedings - the land in question deserves to be re­auctioned afresh. Suresh Chandra v. U.P. Avas Evam Vikas Parishad, C.A. No. 11760 of 2018 03-12-2018

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 - Cancellation of - Application for cancellation of the regular bail granted by the Trial Court - High Court has issued non-bailable warrants of arrest - No justification. Upendra Sharma v. State of Bihar, JT 2018 (1) SC 312 : 2018 (3) RCR (Criminal) 294 : 2018 (1) Scale 302 : (2018) 2 SCC 472 : 2018 (1) SCC (Cri) 739 Crl. A. No. 57 / 2018 10-01-2018

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

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

Bail - Speaking order with reasons need to be given in brief while deciding as to whether the undertrial is entitled to bail or not. Seema Singh v. Central Bureau of Investigation, AIR 2018 SC 2161 : 2018 (3) Bom.C.R. (Cri.) 187 : 2018 (2) JKJ 66 : JT 2018 (4) SC 314 : 2018 (6) Scale 76 Crl.A. No. 569 of 2018 18-04-2018

Bail - The grant or refusal of bail is entirely within the discretion of the judge hearing the matter and though that discretion is unfettered, it must be exercised judiciously and in a humane manner and compassionately. Also, conditions for the grant of bail ought not to be so strict as to be incapable of compliance, thereby making the grant of bail illusory. Dataram Singh v. State of Uttar Pradesh, 2018 (1) ACR 741 : 2018 (4) ADJ 477 : AIR 2018 SC 980 : 2018 (3) ALJ 159 : 2018 CriLJ 2161 : 2018 (1) CTC 782 : 2018 (1) GLH 520 : 2018 (1) JKJ 149 : 2018 (2) JLJR 98 : JT 2018 (2) SC 466 : 2018 (2) PLJR 67 : 2018 (2) MLJ (Cri) 201 : 2018 (2) RCR (Criminal) 131 : 2018 (1) RLW 591 : 2018 (2) Scale 285 : (2018) 3 SCC 22 : 2018 (1) SCC (Cri) 675 : 2018 (1) SLT 772 Crl.A. No. 227 of 2018 06-02-2018

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

Banking Law - Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 - Union Bank of India (Employees’) Pension Regulations, 1995. United Bank of India v. United Bank of India Retirees Welfare Association, AIR 2018 SC 2941 C.A. No. 5252 of 2018 16-05-2018

Banking Regulation Act, 1949 - S. 21A - Constitutional Validity of - Section 21A of the Banking Regulation Act to be valid as it is part of an enactment which, in pith and substance, is relatable to Entry 45, List I of the Seventh Schedule to the Constitution. However, insofar as Section 21A incidentally encroaches upon the field of relief of agricultural indebtedness, set out in Entry 30, List II, it will not operate only in States where there is a State Debt Relief Act which deals with the subject matter of relief of agricultural indebtedness, where the State Debt Relief Act covers debts due to “banks”, as defined in those Acts. In States where the State Debt Relief Act does not apply to banks at all, or applies only to certain specified banks, Section 21A will, in the former situation, apply in such States, and, in the latter situation, apply only in respect of loans made to agriculturists where such loans are given by banks other than the banks specified or covered by the concerned State Debt Relief Act, as the case may be. Jayant Verma v. Union of India, AIR 2018 SC 1079 : 2018 (2) Bom.C.R. 679 : JT 2018 (3) SC 182 : 2018 (4) MLJ 282 : 2018 (3) Scale 156 : (2018) 4 SCC 743 : 2018 (2) Supreme 682 W.P. (C) No. 134 of 2013 16-02-2018

Benami Transactions (Prohibition) Act, 1988 - Ss. 2 (a), 4(3) - Prohibition of the right to recover property held benami. Vinod Kumar Dhall v. Dharampal Dhall, AIR 2018 SC 3470 : 2018 AIR (SCW) 3470 : 2018 (3) ALD 196 : 2018 (3) JBCJ 81 : 2018 (2) OLR 221 : 2018 (3) PLR 352 : 2018 (2) RCR (Civil) 860 : 2018 (7) Scale 256 C.A. No. 4534 of 2018 26-04-2018

Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996 - Building and Other Construction Workers’ Welfare Cess Act, 1996 - Implementation of. National Campaign Committee for Central Legislation on Construction Labour (NCC-CL) v. Union of India, 2018 (3) Bom.C.R. 347 : 2018 (3) LLJ 13 : (2018) 5 SCC 607 : 2018 (2) SCC (L&S) 1 W.P. (C) No. 318 of 2006 19-03-2018

Caste Certificate - the caste is determined by birth and the caste cannot be changed by marriage with a person of scheduled caste. Merely because her husband is belonging to a scheduled caste category, the appellant should not have been issued with a caste certificate showing her caste as scheduled caste. Sunita Singh v. State of U.P., AIR 2018 SC 566 : JT 2018 (1) SC 394 : 2018 (36) LCD 599 : 2018 (1) Scale 379 : (2018) 2 SCC 493 : 2018 (1) SCC (L&S) 295 : 2018 (1) Supreme 421 : 2018 (1) UC 292 : 2018 (1) UPLBEC 283 C.A. No. 487 of 2018 19-01-2018

CBI Investigation - Jat Agitation. Dilawar v. State of Haryana, AIR 2018 SC 2269 : 2018 All.M.R. (Cri.) 2678 : 2018 (7) Scale 457 : 2018 (4) SLT 90 M.A. No. 267 of 2017 01-05-2018

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

CBI Investigation can be entrusted for instilling confidence in the minds of Victims as well as Public at Large. E. Sivakumar v. Union of India, AIR 2018 SC 2486 : 2018 (5) ALD 97 : 2018 (4) Bom.C.R. 436 : 2018 (3) Crimes 37 : 2018 (3) CTC 568 : JT 2018 (6) SC 39 : 2018 (3) RCR (Criminal) 111 : 2018 (7) Scale 656 : (2018) 7 SCC 365 bit.ly/2JayLOQ 18-05-2018

Central Excise Act, 1944 - Determination of Value of exigible goods. CCE v. Grasim Industries Ltd., 2018 (360) ELT 769 : 2018 (7) Scale 370 : (2018) 7 SCC 233 C.A. No. 3159 of 2004 11-05-2018

Central Excise Tariff Act, 1985 - Whether the coconut oil manufactured and packed in “small containers” by the assessee(s) is classifiable under Heading 1513 and not under Heading 3305 - Referred to Larger Bench. Commissioner of Central Excise v. Madhan Agro Industries, 2018 (5) Scale 623 : 2018 (4) Supreme 692 C.A. No. 1766 of 2009 13-04-2018

Cenvat Credit Rules, 2004 - Cenvat Credit on goods transport agency service availed for transport of goods from place of removal to buyer’s premises was not admissible to the respondent. Commissioner of Central Excise Service Tax v. Ultra Tech Cement, AIR 2018 SC 706 : 2018 (9) GSTL 337 : JT 2018 (2) SC 94 : 2018 (1) Scale 649 : (2018) 2 SCC 721 : 2018 (1) Supreme 548 C.A. No. 11261 of 2016 01-02-2018

CENVAT Credit Rules, 2004 - CENVAT credit on goods transport agency service availed for transport of goods from the place of removal to depots or the buyers premises. Commissioner of Central Excise Belgaum v. Vasavadatta Cements Ltd., 2018 (4) Scale 709 : (2018) 3 SCC 769 C.A. No. 11710 of 2016 17-01-2018

Cenvat Credit Rules, 2004 - Once it is accepted that place of removal is the factory premises of the assessee, outward transportation ‘from the said place’ would clearly amount to input service. That place can be warehouse of the manufacturer or it can be customer’s place if from the place of removal the goods are directly dispatched to the place of the customer. One such outbound transportation from the place of removal gets covered by the definition of input service. Commissioner of Customs Central Excise and Service Tax Guntur v. Andhra Sugars Ltd., JT 2018 (2) SC 105 : 2018 (2) Scale 244 : (2018) 3 SCC 223 C.A. No. 11711 of 2016 05-02-2018

Chartered Accountants Act, 1949 - S. 21 - Petition to initiate investigation against Multi-National Accounting Firms (MAFs) and Indian Chartered Accountancy Firms (ICAFs) having arrangement with such MAFs for breach of Code of Professional Conduct under the CA Act and also to take penal action by way of cancellation of permission granted to them by the Institute of Chartered Accountants of India (ICAI). S. Sukumar v. Secretary, Institute of Chartered Accountants of India, 2018 (2) Supreme 1 : 2018 (3) Scale 433 W.P. (C) No. 991 of 2013 23-02-2018

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

Cinematograph Act, 1952 - Whether there is the necessity of “disclaimer” or not has to be decided by the Censor Board which is the statutory authority that grants the certificate. Adarsh Cooperative Housing Society Ltd. v. Union of India, AIR 2018 SC 1430 : 2018 (3) AWC 2538 : 2018 (2) Supreme 443 W.P. (C) No. 129 of 2018 16-02-2018

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

Civil Law - Connected Matters already remitted to the High Court - Appeal Disposed. Lohit v. State of Haryana, 2018 (3) RCR (Civil) 402 C.A. No. 1801 of 2018 09-02-2018

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 - Injunction - Whether the suit for permanent injunction is maintainable when the defendant disputes the title of the plaintiff? in each and every case where the defendant disputes the title of the plaintiff it is not necessary that in all those cases plaintiff has to seek the relief of declaration. A suit for mere injunction does not lie only when the defendant raises a genuine dispute with regard to title and when he raises a cloud over the title of the plaintiff, then necessarily in those circumstances, plaintiff cannot maintain a suit for bare injunction. Jharkhand State Housing Board v. Anirudh Kumar Sahu, 2018 (15) Scale 34 C.A. No. 8241 of 2009 09-10-2018

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 - Application for filing of documents, seeking amendment in the plaint and directions against the respondents for production of some original documents - Allowed. N.C. Bansal v. Uttar Pradesh Financial Corporation, AIR 2018 SC 685 : 2018 (2) ALD 58 : 2018 (2) ALT 1 : 2018 (2) All.M.R. 949 : 2018 (2) Bom.C.R. 263 : 2018 (4) Mh.L.J. 539 : 2018 (2) PLJR 102 : 2018 (1) OLR 664 : 2018 (3) MPLJ 263 : 2018 (2) GLH 161 : 2018 (3) JKJ 177 : JT 2018 (1) SC 500 : 2018 (36) LCD 291 : 2018 (2) MLJ 509 : 2018 (1) MPWN 241 : 2018 (2) RCR (Civil) 129 : 2018 (1) RLW 421 : 2018 (1) Scale 479 : (2018) 2 SCC 347 : 2018 (1) SLT 548 : 2018 (1) Supreme 329 : 2018 (1) UC 620 C.A. No. 882 of 2018 25-01-2018

Civil P.C. 1908 - Cryptic and Unreasoned order undoubtedly caused prejudice to the parties because it deprived them to know the reasons as to why one party has won and other has lost. G. Saraswathi v. Rathinammal, AIR 2018 SC 949 : 2018 (2) ALT 33 : 2018 (3) ALD 68 : 2018 (129) ALR 256 : JT 2018 (2) SC 303 : 2018 (1) MPWN 195 : 2018 (2) RCR (Civil) 33 : (2018) 3 SCC 340 : 2018 (3) Supreme 196 : 2018 (2) SCALE 481 C.A. No. 2112 of 2018 15-02-2018

Civil P.C. 1908 - Defendants were entitled for a fresh notice of the suit once restored despite their non-appearance in the first round of trial. Jayaprakash v. T.S. David, AIR 2018 SC 718 : 2018 (2) ALT 44 : 2018 (129) ALR 274 : 2018 (1) CTC 685 : JT 2018 (1) SC 484 : 2018 (36) LCD 557 : 2018 (4) Mh.L.J. 547 : 2018 (2) MLJ 635 : 2018 (3) MPLJ 288 : 2018 (1) OLR 454 : 2018 (2) RCR (Civil) 38 : 2018 (1) Scale 492 : (2018) 2 SCC 294 : 2018 (1) Supreme 337 : 2018 (1) UC 624 C.A. No. 883 of 2018 25-01-2018

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. 2 R. 2 - Second Suit - Bar of second suit under this provision is applicable when relief claimed in second suit was also available but not claimed in first suit. Sucha Singh Sodhi v. Baldev Raj Walia, AIR 2018 SC 2241 : 2018 (2) JKJ 20 : 2018 (2) RCR (Civil) 782 : 2018 (5) Scale 615 : (2018) 6 SCC 733 bit.ly/CA3777of2018 13-04-2018

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. 22 R. 5 - Consideration for deciding Legal Representative - When a question arises before the Court in a pending matter as to who will come on record as the legal heir of the deceased, the Court shall, before proceeding to decide with the substantive issues involved in the case, first and foremost, shall decide who is the legal representative of the deceased. When a party dies at the stage of second appeal and there are rival contenders claiming to be the legal representatives of the deceased, as in the present case, there is a burden cast upon the Court to first decide as to who is the legal representative of the deceased. Without doing so, the Court cannot proceed with the disposal of the case on hand. At the same time, the Court cannot make all the contenders as parties. The aspect of deciding legal representative cannot also be postponed with a view to decide the same at the time of final disposal of the appeal on merits. It is significant that the statute has clearly mandated that if the question of deciding the legal representative of a legatee arises before an appellate Court, it may direct the subordinate Court to make enquiries by leading evidence if any through the process of trial and record its finding as to who is the legal representative. After considering the finding recorded by the trial Court, the appellate Court can decide and bring on record the legal representative of the deceased. Mahanth Satyanand @ Ramjee Singh v. Shyam Lal Chauhan, 2018 (129) ALR 281 : 2018 (126) CLT 323 : 2018 (5) Scale 314 : 2018 (3) Supreme 684 C.A. No. 6318 of 2010 08-02-2018

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. 5 R. 20 - Service of Summons - Substituted Service. Neerja Realtors Pvt. Ltd. v. Janglu, AIR 2018 SC 753 : (2018) 2 SCC 649 : JT 2018 (2) SC 11 : 2018 (1) Scale 546 : 2018 (1) SLT 742 : 2018 (1) Supreme 379 : 2018 (2) ABR 764 : 2018 (1) CTC 662 : 2018 (1) WLN 91 : 2018 (2) All.M.R. 447 : 2018 (2) Bom.C.R. 253 : 2018 (1) JLJR 338 : 2018 (1) CHN 189 : 2018 (3) MLJ 110 : 2018 (1) MPRN 194 C.A. No. 71 of 2018 29-01-2018

Civil P.C. 1908 - O. 7 R. 11(d) - Rejection of Plaint - Defence or plea in the written statement or any application filed by the defendents, cannot be the basis. Chhotanben v. Kiritbhai Jalkrushnabhai Thakkar, AIR 2018 SC 2447 : 2018 (128) ALR 719 : 2018 (4) Bom.C.R. 293 : 2018 (4) CTC 206 : 2018 (3) GLH 338 : 2018 (2) JKJ 10, JT 2018 (4) SC 145 : 2018 (5) MLJ 588 : 2018 (5) Scale 472 : (2018) 6 SCC 422 C.A. No. 3500 of 2018 10-04-2018

Civil P.C. 1908 - O. 8 R. 1 Proviso - Written Statement - Extension of Period of Filing - Court has discretion to allow defendant to file Written Statement beyond that period in exceptional cases for proper and satisfactory reasons to be recorded in writing - Onus is on defendant to plead and show convincing and cogent reason for filing Written Statement beyond prescribed period. Atcom Technologies Ltd. v. Y.A. Chunawala & Co., 2018 (4) Bom.C.R. 452 : 2018 (7) SCALE 35 : (2018) 6 SCC 639 : 2018 (2) RCR (Civil) 1001 C.A. No. 4266 of 2018 07-05-2018

Civil P.C. 1908 - O. I R. 8 - Consumer Protection Act, 1986 - Ss. 2 (1) (b), 12 (1), 13 (6) & 23 - “Complainant” - Manner in which complaint shall be made. Rameshwar Prasad Shrivastava v. Dwarkadhis Projects Pvt. Ltd. C.A. No. 5802 of 2018 07-12-2018

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.32 R. 1 to 14 - Suits by or against Minors - In case, where the suit is filed on behalf of the minor, no permission or leave of the Court is necessary for the next friend to institute the suit, whereas if the suit is filed against a minor, it is obligatory for the plaintiff to get the appropriate guardian ad litem appointed by the Court for such minor. Nagaiah v. Chowdamma, AIR 2018 SC 459 : (2018) 2 SCC 504 : JT 2018 (3) SC 29 : 2018 (1) Scale 210 : 2018 (1) OLR 346 : 2018 (1) Supreme 491 : 2018 (2) MLJ 242 C.A. No. 22969 of 2017 08-01-2018

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.6 R.17 - Amendment of plaint after commencement of trial - Neither changing the nature of suit nor introducing any fresh ground - Held, proposed amendment ought to have been allowed, more so when it could not have caused any prejudice to defendants. Gurbakhsh Singh v. Buta Singh, AIR 2018 SC 2635 : 2018 (3) ALD 186 : 2018 (3) ALT 55 : 2018 (2) RCR (Civil) 916 : 2018 (3) RLW 2540 : (2018) 6 SCC 567 : 2018 (6) SCALE 484 C.A. No. 4568 of 2018 27-04-2018

Civil P.C. 1908 - O.7, R.11 - Non­issuance of Statutory Notice - Rejection of Plaint - Lease was executed in 1992 when the West Bengal Tenancy Act, 1997 was not in force and the same cannot have retrospective effect - Suit was filed on 06.09.2007 when the Act, 1997 was in force - Whether the West Bengal Tenancy Act, 1997 or the Transfer of Property Act, 1882 applies - This dispute can be resolved by framing an issue by the trial court on the said point and by adjudicating the same as a preliminary issue. Bijay Kumar Manish Kumar HUF v. Ashwin Desai, C.A. No. 12025 of 2018 12-12-2018

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

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. 100 - Second Appeal - Substantial Question of Law - Suit for Partition and Separate Possession - Unregistered Partition Deed - Questions relating to admissibility and contents. Uma Pandey v. Munna Pandey, AIR 2018 SC 1930 : 2018 (128) ALR 752 : 2018 (3) ALT 50 : JT 2018 (4) SC 142 : 2018 (4) MLJ 365 : 2018 (140) RD 545 : 2018 (5) Scale 406 : (2018) 5 SCC 376 C.A. No. 3657 of 2018 09-04-2018

Civil P.C. 1908 - S. 100 - Second Appeal - Substantial Question of Law - Requirements of. Surat Singh v. Siri Bhagwan, 2018 (1) ARC 677 : 2018 (2) ALD 154 : 2018 (129) ALR 474 : 2018 (2) ALT 35 : 2018 DNJ 299 : 2018 (1) HLT 291 : JT 2018 (2) SC 428 : 2018 (2) RCR (Civil) 574 : 2018 (3) Scale 246 : (2018) 4 SCC 562 : 2018 (2) Supreme 137 : 2018 (2) WLN 49 C.A. No. 9118 of 2010 19-02-2018

Civil P.C. 1908 - S. 21 - Objections to Jurisdiction - The policy underlying Section 21 of CPC is that when the case has been tried by a court on merits and the judgment rendered, it should not be liable to be reversed purely on technical grounds, unless it has resulted in failure of justice. Om Prakash Agarwal v. Vishan Dayal Rajpoot, AIR 2018 SC 5486 : 2018 (14) Scale 116 C.A. No. 9051-9052 of 2018 12-10-2018

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 - S. 89 - Insofar reference of the parties to arbitration, oral consent given by the counsel without a written memo of instructions does not fulfill the requirement under Section 89 CPC. Kerala State Electricity Board v. Kurien E. Kalathil, AIR 2018 SC 1351 : JT 2018 (3) SC 263 : 2018 (1) KLT 1057 : 2018 (4) Scale 405 : (2018) 4 SCC 793 C.A. No. 3164 of 2017 09-03-2018

Civil P.C. 1908 - S. 9 - Abuse of Process of Court - Suppression of Material Facts. Baxis Singh v. Sukhdev Singh, AIR 2018 SC 2157 : 2018 (128) ALR 709 : 2018 (5) Scale 469 : (2018) 5 SCC 338 : 2018 (4) Supreme 181 C.A. No. 6303 of 2012 10-04-2018

Civil P.C. 1908 - S.11, O. 7 R. 11 & O. 2 R. 2 - Res Judicata - Rejection of Plaint - Averments in plaint must be considered and not what is stated in written statement. Soumitra Kumar Sen v. Shyamal Kumar Sen, (2018) 5 SCC 644 bit.ly/CA1513of2018

Civil P.C. 1908 - Scope of the appellate powers and the review powers are well defined. The power of review under Order 47 Rule 1 of the Code of Civil Procedure, 1908 is very limited and it may be exercised only if there is a mistake or an error apparent on the face of the record. The power of review is not to be confused with the appellate power. The review petition/application cannot be decided like a regular intra court appeal. On the other hand, the scope of appeal is much wider wherein all the issues raised by the parties are open for examination by the Appellate Court. Sivakami v. State of Tami Nadu, AIR 2018 SC 2637 : 2018 (4) ALD 133 : 2018 (3) ALT 25 : 2018 ALT (Rev) 122 : JT 2018 (3) SC 250 : 2018 (4) MLJ 464 : 2018 (2) RCR (Civil) 1006 : 2018 (4) Scale 266 : (2018) 4 SCC 587 : 2018 (2) Supreme 367 C.A. No. 2749 of 2018 12-03-2018

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

Civil P.C. 1908 - Second Appeal - Substantial Question of Law - High Court jurisdiction to frame additional questions - Such questions should arise in the appeal - assign the reasons for framing the additional questions - frame the questions at the time of hearing the appeal. Vijay Arjun Bhagat v. Nana Laxman Tapkire, AIR 2018 SC 2625 : 2018 (4) Bom.C.R. 442 : 2018 (4) CTC 290 : JT 2018 (5) SC 257 : 2018 (3) RCR (Civil) 1 : 2018 (7) Scale 331 : (2018) 6 SCC 727 C.A. No. 6272 of 2010 11-05-2018

Civil P.C. 1908 - Service of summons on the defendants without mentioning therein a specific day, date, year and time cannot be held as “summons duly served” on the defendants within the meaning of Order IX Rule 13 of the Code. Auto Cars v. Trimurti Cargo Movers Pvt. Ltd., AIR 2018 SC 1165 : 2018 (3) Bom.C.R. 452 : 2018 (2) CTC 343 : 2018 (2) RCR (Civil) 119 : JT 2018 (2) SC 328 : 2018 (140) RD 411 : 2018 (3) Supreme 314 C.A. No. 2113 of 2018 15-02-2018

Civil P.C. 1908 - Since the judgment of the Trial Court was affirmed by the First Appellate Court and was further affirmed by the Second Appellate Court, the decree passed by the High Court becomes enforceable in view of the doctrine of merger. Hence, the execution petition filed by the plantiffs/respondents is within time, consequently the appeal fails and stands dismissed. Shanthi v. T.D. Vishwanathan, 2018 (15) Scale 94 C.A. No. 10442 of 2011 24-10-2018

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

Civil P.C.1908 - S. 9 - Civil Suit - Family Matter - Maintainability; R. Kasthuri v. M. Kasthuri, AIR 2018 SC 786 : (2018) 5 SCC 353 C.A. No. 432 of 2018 16-01-2018

Civil Services Examination - Information sought with regard to marks in Civil Services Exam cannot be directed to be furnished mechanically. Union Public Service Commission v. Angesh Kumar, 2018 (4) ALD 28 : AIR 2018 SC 1138 : 2018 (2) CTC 337 : 2018 (2) JLJR 29 : JT 2018 (2) SC 404 : 2018 (2) PLJR 86 : (2018) 4 SCC 530 : 2018 (2) SCC(L&S) 73 : 2018 (2) Supreme 60 : 2018 (1) UPLBEC 289 C.A. No. 6159 of 2013 20-02-2018

Claim - Release the permissible benefits - any decision taken at an earlier point of time shall not stand in the way of the Director (HR), who will consider the claim of the appellant afresh as per this order. Jyoti Kumar Malviya v. Indian Farmers Fer. Co-op. Ltd., 2018 (8) Scale 69 C.A. No. 3062 of 2006 19-04-2018

Clerical Error - Whether a ‘clerical error’ can be corrected “at any time” or only within a reasonable time. Telangana Housing Board v. Azamunisa Begum C.A. No. 4632 of 2018 01-05-2018

Code of Civil Procedure Act, 1977 (Jammu and Kashmir) - O. 39 R. 2A - Contempt Proceedings. R.K. Arora General Manager v. M/s Ace Enterprises, C.A. No. 1820 of 2018 07-02-2018

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

Companies Act, 2013 - Section 421(3) which contains mandatory or peremptory negative language and speaks of a second period not exceeding 45 days. Bengal Chemist and Druggists Association v. Kalyan Chowdhury, AIR 2018 SC 807 : 2018 (2) CTC 326 : 2018 (2) JLJR 49 : JT 2018 (2) SC 462 : 2018 (2) PLJR 186 : (2018) 3 SCC 41 : 2018 (2) SLT 72 C.A. No. 684 of 2018 02-02-2018

Companies Act, 2013 - Ss. 58(2) & (4) - Public Limited Company - Free Transfer of Shares - Transfer can be refused on any sufficient cause. Mackintosh Burn v. Sarkar and Chowdhury Enterprises, JT 2018 (3) SC 571 : 2018 (5) SCALE 161 : (2018) 5 SCC 575 : 2018 (3) Supreme 212 C.A. No. 3322 of 2018 27-03-2018

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 - Insolvency and Bankruptcy Code, (IBC) 2016 - Section 9 - Insolvency and Bankruptcy (AAA) Rules, 2016 - Rule 6 - National Company Law Tribunal (NCLT) - Corporate Insolvency Resolution Process (CIRP) - Application for initiation of corporate insolvency resolution process by operational creditor - IBC is not intended to be substitute to a recovery forum - whenever there is existence of real dispute, the IBC provisions cannot be invoked. Transmission Corporation of Andhra Pradesh Limited v. Equipment Conductors and Cables Limited, 2018 (14) Scale 176 C.A. No. 9597 of 2018 23-10-2018

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

Competition Act, 2002 - India Telegraph Act, 1885 - Telecom Regulatory Authority of India Act, 1997 - Jurisdiction of the Competition Commission of India (CCI). Competition Commission of India v. Bharti Airtel C.A. No. 11843 of 2018 05-12-2018

Competition Act, 2002 - Penalty for non-compliance with S. 6(2). SCM Solifert Ltd. v. CCI, 2018 (6) Scale 38 : (2018) 6 SCC 631 C.A. No. 10678 of 2016 17-04-2018

Competition Act, 2002 - Ss. 19(1)(a) r/w 3 - B. Himmatlal Agrawal Partner v. Competent Commission of India, AIR 2018 SC 2804 : 2018 (7) Scale 614 C.A. No. 5029 of 2018 18-05-2018

Competition Act, 2002 - Ss. 5, 6, 43-A & 64(3) - Nature of Transaction. Competition Commission of India v. Thomas Cook (India) Ltd., 2018 (2) CPJ 8 : 2018 (6) Scale 45 : (2018) 6 SCC 549 C.A. No. 13578 of 2015 17-04-2018

Competition Act, 2002 - the purpose of the Act is not only to illuminate practices having adverse effect on the competition but also to promote and sustain competition in the market. Rajasthan Cylinders and Containers Limited v. Union of India, 2018 (13) Scale 493 C.A. No. 3546 of 2014 01-10-2018

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

Conservation of Foreign Exchange and Prevention of Smuggling Activity Act, 1974. Secretary to Government of Tamil Nadu v. Kamala, 2018 (103) AllCC 647 : 2018 All.M.R. (Cri.) 2686 : 2018 (2) GLH 15 : JT 2018 (4) SC 164 : 2018 (5) Scale 492 : (2018) 5 SCC 322 Crl.A. No. 507 of 2018 10-04-2018

Constitution of India - A dispute regarding possession of the flat between the two private individuals could be decided only by the Civil Court in civil suit or by the Criminal Court in Section 145 Cr.P.C proceedings but not in the writ petition under Article 226 of the Constitution. Roshina T. v. Abdul Azeez K.T., C.A. No. 11759 of 2018 03-12-2018

Constitution of India - A petition under Article 32, without clear element of public interest, cannot be entertained at the instance of a political rival merely on account of an alleged procedural irregularity in the decision making which can be challenged at appropriate forum by the aggrieved party. Swaraj Abhiyan v. Union of India, AIR 2018 SC 993 : (2018) 4 SCC 300 : 2018 (3) Supreme 340 W.P. (C) No. 720 of 2016 13-02-2018

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. 142 - this is a fit case where this Court should invoke its discretion to do complete justice between the parties and to put an end to the entire litigations. Pradeshiya Industrial Development Corporation Ltd. U.P. v. Hindustan Aeronautics Ltd. (Lucknow Division) C.A. No. 1467 of 2018 01-02-2018

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. 215 - Constitutional courts, being courts of record, the jurisdiction to recall their own orders is inherent by virtue of the fact that they are superior courts of record. Municipal Corporation of Greater Mumbai v. Pratibha Industries, C.A. No. 11822 of 2018 04-12-2018

Constitution of India - Art. 224 - Attendance of retired Judges at sittings of High Court - Purpose and Object. Sunil Samdaria v. Union of India, AIR 2018 SC 1174 : 2018 (3) Scale 373 : 2018 (1) Supreme 758 : 2018 (2) WLN 78 W.P. (C) No. 835 of 2017 23-02-2018

Constitution of India - Art. 226 - Exercise of power by High Court. Aparbal Yadav v. State of U.P., JT 2018 (4) SC 236 : 2018 (6) Scale 165 : (2018) 5 SCC 363 : 2018 (2) SCC (L&S) 33 C.A. No. 3695 of 2018 10-04-2018

Constitution of India - Art. 226 - Maintainability of Writ Petition - Pendency of Appeal - Second writ petition challenging subsequent order passed in appeal - Maintainable. Vinod v. District Selection Committee, (2018) 6 SCC 68 C.A. No. 3352 of 2018 28-03-2018

Constitution of India - Art. 226 - Regional Transport Authority (RTA) - Declared 81 licences as fake licences - Delay - Matter remanded to High Court. Arun Maan v. State of Uttar Pradesh, JT 2018 (2) SC 260 : (2018) 4 SCC 339 C.A. No. 1494 of 2018 02-02-2018

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. 226 - Writ appeal - Proper mode of disposal. Hemraj Chandrakar v. State of Chhattisgarh, JT 2018 (4) SC 267 : 2018 (5) Scale 540 : (2018) 6 SCC 628 : 2018 (4) Supreme 207 C.A. No. 3778 of 2018 13-04-2018

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. 32 - Justice Loya Death Case - Special Judge conducting Sohrabuddin case (Fake Encounter Death case) - Materials indicated natural death - No complaint was lodged by any relative - No ground to direct further inquiry. Tehseen Poonawalla v. Union of India, 2018 (3) MLJ 713 : 2018 (6) Scale 88 : (2018) 6 SCC 72 W.P. (C) No. 19 of 2018 19-04-2018

Constitution of India - Art. 32 - Panchayat Elections Act, 2003 (West Bengal). Bharatiya Janata Party West Bengal v. State of West Bengal, AIR 2018 SC 1914 : JT 2018 (4) SC 133 : 2018 (5) Scale 381 : (2018) 5 SCC 365 : 2018 (4) Supreme 178 W.P. (C) No. 302 of 2018 09-04-2018

Constitution of India - Art. 32 - Parties agreed to settle through mediation - the amount which is lying in deposit with the Registry shall be returned to the petitioners together with the accrued interest. Saraswati Singh v. Shailesh Singh, 2018 (2) Crimes 317 : 2018 (5) Scale 606 : (2018) 5 SCC 370 : 2018 (2) SCC (Cri) 728 : 2018 (3) Supreme 767 M.A. No. 617 of 2018 10-04-2018

Constitution of India - Art. 32 - Parties agreed to settle through mediation; Saraswati Singh v. Shailesh Singh, 2018 (2) ALT (Cri) 30 : 2018 (1) Crimes 142 : 2018 (3) Scale 645 : (2018) 5 SCC 373 : 2018 (2) SCC (Cri) 731 : 2018 (2) Supreme 518 W.P. (Crl.) No 105 of 2016 06-03-2018

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.142 - Central Motor Vehicle Rules, 1989 - Rr. 115 (21) - 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. M.C. Mehta v. Union of India, AIR 2018 SC 5194 : 2018 (14) Scale 263 W.P. (C) No. 13029 of 1985 24-10-2018

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 - Article 226 - In proceedings under Article 226 of the Constitution of India the High Court does not adjudicate, upon affidavits, disputed questions of fact. Sanjay Kumar Jha v. Prakash Chandra Chaudhary http://bit.ly/CA11857of2018 05-12-2018

Constitution of India - Article 243Q - Interpretation of - Constitution of Municipalities. Champa Lal v. State of Rajasthan, AIR 2018 SC 2352 : 2018 (2) RCR (Civil) 906 : 2018 (7) Scale 96 C.A. No. 4554 of 2018 26-04-2018

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. 226 & 32 - A writ of quo warranto cannot be issued on basis of assumptions, inferences and suspicions. Bharati Reddy v. State of Karnataka, 2018 (3) AWC 2240 : 2018 (2) JLJR 185 : JT 2018 (3) SC 472 : 2018 (3) KarLJ 161 : 2018 (2) PLJR 357 : 2018 (3) Scale 703 : (2018) 6 SCC 162 : 2018 (2) Supreme 392 C.A. No. 1763 of 2018 06-03-2018

Constitution of India - Arts. 234 r/w. 309 - Jharkhand Judicial Service (Recruitment) Rules, 2004. Ashok Kumar v. State of Jharkhand, AIR 2018 SC 2386 : 2018 (103) AllCC 969 : 2018 (3) Bom.C.R.(Cri.) 121 : 2018 (3) MLJ (Cri) 148 : 2018 (7) Scale 350 C.A. No. 877 of 2018 11-05-2018

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 - 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

Constitution of India - Legislature may have the power to remove the basis or foundation of the judicial pronouncement but the Legislature cannot overturn or set aside the judgment, that too retrospectively by introducing a new provision. State of Karnataka v. Karnataka Pawn Brokers Assn., AIR 2018 SC 1441 : 2018 (3) AWC 2949 : JT 2018 (3) SC 385 : 2018 (3) KarLJ 1 : 2018 (3) MLJ 849 : 2018 (4) Scale 460 : (2018) 6 SCC 363 : 2018 (2) Supreme 619 : (2018) 255 Taxman 12 C.A. No. 5793 of 2008 15-03-2018

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 - Public Interest Litigation - Rafale Fighter Jets Case - Perception of individuals cannot be the basis of a fishing and roving enquiry by Supreme Court. Manohar Lal Sharma v. Narendra Damodardas Modi, http://bit.ly/WPCrl225of2018 14-12-2018

Constitution of India - Right to die with dignity is a fundamental right. Common Cause (a Regd. Society) v. Union of India, AIR 2018 SC 1665 : 2018 (1) Crimes 184 : 2018 (3) MLJ 503 : 2018 (4) Scale 1 : (2018) 5 SCC 1 : 2018 (2) Supreme 164 W.P. (C) No. 215 of 2005 09-03-2018

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

Constitution of India, 1950 - Art. 136 - Dispute between Principal and Management. Dr. Vandana Tyagi v. Apeejay Saraswati P.G. College For Girls, (2018) 5 SCC 789 : JT 2018 (2) SC 460 C.A. No. 1802 of 2018 09-02-2018

Constitution of India, 1950 - Art. 32 - Police - Compensation for death during discharge of duty - Petitioner given liberty to approach State Government. Ganga Malik v. Union of India, (2018) 5 SCC 771 : 2018 (2) SCC (Cri) 890

Constitution of India, 1950 - Art.32 - Transfer of investigation of all First Information Reports lodged against members of Gorkha Janmukti Morcha (GJM) to any independent investigation agency - Dismissed. Bimal Gurung v. Union of India, 2018 (2) ACR 1238 : AIR 2018 SC 1459 : 2018 (126) CLT 50 : 2018 (2) Crimes 28 : 2018 CriLJ 2247 : 2018 (2) KLJ 151 : 2018 (2) Supreme 644 W.P. (Crl.) No. 182 of 2017 16-03-2018

Constitution of India, 1950 - Articles 243 to 243­O - Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 - S.15(2) - No confidence motion against the Pramukh. Kiran Pal Singh v. State of Uttar Pradesh, AIR 2018 SC 3000 : 2018 (7) Scale 605 bit.ly/ca2622of2018 17-05-2018

Constitution of India, 1950 - No mandamus can issue to direct a body or authority which is vested with a rule making power to make rules or to make them in a particular manner. The Supreme Court has been authorised under Article 145 to frame rules of procedure. A mandamus of the nature sought cannot be issued. Similarly, the petitioner is not entitled to seek a direction that Benches of this Court should be constituted in a particular manner or, as he seeks, that there should be separate divisions of this Court. The former lies exclusively in the domain of the prerogative powers of the Chief Justice. Asok Pande v. Supreme Court of India, JT 2018 (4) SC 154 : 2018 (4) MLJ 480 : 2018 (5) Scale 481 : (2018) 5 SCC 341 : 2018 (2) UPLBEC 1188 W.P. (C) No. 147 of 2018 11-04-2018

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

Consumer Law - A partnership firm started by unemployed graduates for self-employment can move the consumer courts for compensation for losses suffered due to bad machinery sold to them. Paramount Digital Color Lab v. Agfa India, AIR 2018 SC 3449 : 2018 (3) CPJ 12 : 2018 (2) RCR (Civil) 69 C.A. No. 2109 of 2018 15-02-2018

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 - Inadequate Infrastructure. State of Uttar Pradesh through Principal Secretary v. All U.P. Consumer Protection Bar Association, (2018) 7 SCC 423 : 2018 (7) SCALE 636 C.A. No. 2740 of 2007 18-05-2018

Consumer Protection Act, 1986 - Consumer fora can refuse to relegate the parties to the arbitration. Emaar Mgf Land Ltd. v. Aftab Singh, R.P. (C) No. 2629 of 2018 10-12-2018

Consumer Protection Act, 1986 - Damages for commercial contracts need to be determined as per the Indian Contract Act. Fortune Infrastructure (Now known as Hicon Infrstructure) v. Trevor Dlima, AIR 2018 SC 2975 : 2018 (3) ALD 117 : 2018 (2) RCR (Civil) 217 : 2018 (4) Scale 444 : (2018) 5 SCC 442 : 2018 (3) Supreme 708 C.A. No. 3533 of 2017 12-03-2018

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

Consumer Protection Act, 1986 - Request for hearing before Circuit Bench of National Commission - Proper disposal of. Mangalam Homes & Resorts v. Joy Kaliyavumkal, 2018 AllCJ 573 : 2018 (127) ALR 237 : 2018 (1) ALT 35 : JT 2018 (1) SC 185 : 2018 (1) Scale 231 : (2018) 2 SCC 636 : 2018 (1) SLT 547 : 2018 (1) Supreme 169 C.A. No. 133 of 2018 10-01-2018

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

Consumer Protection Act, 1986 - Ss. 21 & 23 - Flat - Delivery of Possession - Completion Certificate - Full Occupancy Certificate - The Purchaser ought not to be allowed to reap the benefits of own delay in taking possession. Supertech Ltd. v. Rajni Goyal, AIR 2018 SC 5351 : JT 2018 (10) SC 530 : 2018 (14) Scale 187 C.A. No. 6649 of 2018 23-10-2018

Consumer Protection Act, 1986 - Ss. 25 & 27 - Execution of Awards - Insurance - Loss - Compensation. Meenakshi Saxena v. ECGC Ltd. (Formerly known as Export Credit Guarantee Corporation of India Ltd.), AIR 2018 SC 2831 : 2018 (5) ALD 120 : 2018 (4) ALT 4 : 2018 (3) RCR (Civil) 4 : 2018 (7) Scale 639 C.A. No. 5681 of 2018 18-05-2018

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 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

Contempt of Courts Act, 1971 - BCI has finalized the schedule for election in respective State Bar Councils - election schedule as finalized by the BCI is just and proper - no case has been made out to initiate contempt proceeding against the BCI. The contempt petition is hereby dismissed. Ajayinder Sangwan v. K.K. Mohan, JT 2018 (2) SC 125 : 2018 (2) Scale 251 : (2018) 2 SCC 774 : 2018 (1) SCC(Cri) 854 Con.P. (C) No. 565 of 2018 05-02-2018

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

Contempt Petition - Closed. State of Tamil Nadu represented by the Secretary to Government Public Works Department v. Siddaramaiah, Chief Minister, Government of Karnataka, JT 2018 (2) SC 344 Cont. P. (C) No. 225 of 2013 16-02-2018

Contempt Petition - Violation of the interim arrangement made by the court - The direction to maintain status quo was only till framing of guidelines. Once the guidelines are framed, the life of the interim order to maintain status quo also expires and thereafter, the field is to be governed by the new guidelines framed. If the respondents are, in any way, aggrieved by the guidelines, it is for them to pursue appropriate remedy but not proceedings for contempt. In contempt jurisdiction, the Court cannot expand the scope of the Judgment which is alleged to have been violated. The Court's jurisdiction in contempt proceedings is to see whether there is willful disobedience of any direction or a contumacious attempt otherwise to circumvent the Judgment. Sans that the rest should be left to the aggrieved party to pursue the matters in other appropriate proceedings. K.K. Gupta v. Himachal Pradesh Petroleum Dealers Association, 2018 (6) Scale 168 C.,A. No. 3731 of 2018 11-04-2018

Contract Act, 1872 - S.19 - Voidability of agreements without free consent. M.P. Power Generation Co. Ltd. v. Ansaldo Energia Spa, 2018 (2) JLJ 543 : JT 2018 (4) SC 371 : 2018 (5) Scale 731 C.A. No. 3804 of 2018 16-04-2018

Contract Law - Commercial contract is to be interpreted in accordance with the language used and context in which it is prepared. Transmission Corporation of Andhra Pradesh v. GMR Vemagiri Power Generation, 2018 (3) Scale 47 : (2018) 3 SCC 716 : 2018 (2) Supreme 635 C.A. No. 8747 of 2014 16-02-2018

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

Contract Law - Once it is established that the party was justified in terminating the contract on account of fundamental breach thereof, then the said innocent party is entitled to claim damages for the entire contract, i.e. for the part which is performed and also for the part of the contract which it was prevented from performing. Maharashtra State Electricity Distribution Co. Ltd. v. Datar Switchgear Ltd., 2018 (2) ABR 624 : AIR 2018 SC 529 : 2018 (2) ALD 92 : 2018 (1) ArbLR 236 : 2018 (3) Bom. C.R. 578 : JT 2018 (1) SC 361 : 2018 (1) RAJ 433 : 2018 (1) Scale 303 : (2018) 3 SCC 133 : 2018 (2) SLT 117 : 2018 (1) Supreme 424 C.A. No. 10466 of 2017 18-01-2018

Contract Law - Parties are free to decide their own terms and conditions in case of a contract. Union of India v. Varindera Constructions, AIR 2018 SC 2961 : 2018 (4) ALT 13 : 2018 (6) Scale 359 : (2018) 7 SCC 794 C.A. No. 3994 of 2018 19-04-2018

Contract Law - Specific Performance - Distinction between readiness to perform the contract and willingness to perform the contract. Kalawati v. Rakesh Kumar, AIR 2018 SC 960 : 2018 (3) ALD 63 : 2018 (128) ALR 730 : JT 2018 (2) SC 338 : 2018 (3) MLJ 696 : 2018 (2) RCR (Civil) 125 : 2018 (3) Scale 32 : (2018) 3 SCC 658 : 2018 (3) Supreme 483 : 2018 (1) UC 639 C.A. No. 2244 of 2018 16-02-2018

Contract Law - Specific Relief - Fraud and Misrepresentation - Matters required to be established. Krishna Devi v. Keshri Nandan, AIR 2018 SC 3100 : JT 2018 (3) SC 466 : (2018) 4 SCC 481 : 2018 (2) Supreme 767 C.A. No. 2367 of 2010 21-03-2018

Contract Law - Specific Relief - Performance of Contract - Time of Performance - Termination of Contract - Compensation for Delayed Performance. M.P. Power Management Co. Ltd. v. Renew Clean Energy (P) Ltd., AIR 2018 SC 3632 : 2018 (3) ALT 61 : 2018 (2) CGLJ 261 : JT 2018 (4) SC 618 : 2018 (5) Scale 357 : (2018) 6 SCC 157 C.A. No. 3600 of 2018 05-04-2018

Cooperative Societies Act, 1969 (Kerala) - Whether, in view of the statutory period prescribed under Section 69(3), the High Court could have extended the period. Reji Thomas v. State of Kerala, AIR 2018 SC 2236 : 2018 AIR (SCW) 2236 : 2018 (2) KLT 817 : 2018 (7) Scale 101 C.A. No. 4001 of 2018 19-04-2018

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

Court Martial - Naval officer with Indian Navy - Sexually explicit calls were received by the wives of the three officers. Union of India v. Cdr. Ravindra V. Desai, AIR 2018 SC 2754 : 2018 CriLJ 3663 : JT 2018 (4) SC 354 : 2018 (6) Scale 184 Crl.A. No. 579 of 2016 18-04-2018

Criminal Appeal - No discussion on the defence evidence - Appellant cannot blame the High Court, since he failed to appear before the High Court when the matter was taken up for hearing. K.S. Kalinga Rayan @ Kalingaraju v. State Rep. By The Inspector of Police, 2018 (8) Scale 632 Crl.A. No. 787 of 2018 18-05-2018

Criminal Conspiracy - How a case u/s. 120­A r/w. 120­B IPC is required to be made out by the prosecution with the aid of evidence ? Bilal Hajar @ Abdul Hameed v. State Rep. By The Inspector of Police, AIR 2018 SC 4780 : 2018 (4) Crimes 103 : JT 2018 (10) SC 251 : 2018 (14) Scale 11 Crl.A. No. 1305 of 2008 10-10-2018

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 - Murder - Culpable Homicide - ‘Motive’ is an emotion which compels the person to do a particular act. Khurshid Ahmed v. State of Jammu and Kashmir, AIR 2018 SC 2457 : 2018 (103) AllCC 957 : 2018 CriLJ 4442 : 2016 (2) JKJ 91 : JT 2018 (5) SC 145 bit.ly/CrlA872of2015 15-05-2018

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 Law - Suspension of Sentence - Grant of Bail - there are cases involving the appellants prior to the incident and the accused are otherwise facing trial in those cases - one of the accused arising out of the same FIR has been released on bail - the appellants should be released on bail during the pendency of the appeals before the High Court. Pinku v. State of Uttar Pradesh, JT 2018 (10) SC 250 Crl.A. No. 1277 of 2018 11-10-2018

Criminal Law - there is no prohibition in law to file the second FIR and once it is filed, such FIR is capable of being taken note of and tried on merits in accordance with law. P. Sreekumar v. State of Kerala, AIR 2018 SC 1482 : 2018 (1) ALD (Cri) 999 : 2018 (2) Bom.C.R. (Cri.) 523 : 2018 (2) Crimes 164 : 2018 CriLJ 2749 : 2018 (2) JCC 1077 : 2018 (1) JKJ 120 : JT 2018 (3) SC 459 : 2018 (2) RCR (Criminal) 542 : (2018) 4 SCC 579 : 2018 (2) SCC (Cri) 578 : 2018 (1) UC 523 Crl.A. No. 408 of 2018 19-03-2018

Criminal P. C. 1973 - S. 407 - Transfer of case within the State when permissible. Sarasamma @ Saraswathiyamma v. State, AIR 2018 SC 2287 : JT 2018 (5) SC 125 : 2018 (7) SCALE 304 : (2018) 7 SCC 339 Crl.A. No. 713 of 2018 09-05-2018

Criminal P. C. 1973 - S. 439 - Bail - there is little reference to/or discussion on the merits of the bail applications - the fact that the deceased belonged to a certain community cannot be a justification for any assault much less a murder - a Court fully conscious of the plural composition of the Country while called upon to deal with rights of various communities, cannot make such observations which may appear to be coloured with a bias for or against a community. Mubin Shaikh v. State of Maharashtra, AIR 2018 SC 947 : 2018 (103) AllCC 612 : 2018 All.M.R.(Cri.) 1363 : 2018 (1) ALT (Cri) 309 : 2018 (2) Bom.C.R. (Cri.) 460 : 2018 (2) Crimes 293 : JT 2018 (2) SC 275 : (2018) 4 SCC 312 : 2018 (3) Supreme 448 : 2018 (1) UC 463 Crl.A. No. 245 of 2018 08-02-2018

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

Criminal P.C. 1973 - In any case, the protection under Section 438, Cr.P.C. is available to the accused only till the court summons the accused based on the charge sheet (report under Section 173(2), Cr.P.C.). On such appearance, the accused has to seek regular bail under Section 439 Cr.P.C. and that application has to be considered by the court on its own merits. Merely because an accused was under the protection of anticipatory bail granted under Section 438 Cr.P.C. that does not mean that he is automatically entitled to regular bail under Section 439 Cr.P.C. The satisfaction of the court for granting protection under Section 438 Cr.P.C. is different from the one under Section 439 Cr.P.C. while considering regular bail. Satpal Singh v. State of Punjab, AIR 2018 SC 2011 : 2018 (2) CGLJ 218 : 2018 CriLJ 2843 : 2018 (360) ELT 791 : 2018 (1) JKJ 150 Crl.A. No. 462 of 2018 27-03-2018

Criminal P.C. 1973 - Non framing of charge - A conviction for the substantive offence without a charge can be set aside only if the accused shows that prejudice has been caused to him and that “failure of justice” has occasioned thereby. Kamil v. State of Uttar Pradesh, JT 2018 (11) SC 260 : 2018 (14) Scale 517 Crl.A. No. 1568 of 2015 31-10-2018

Criminal P.C. 1973 - Only upon rejection of prayer for extension of time sought for filing charge-sheet, right in favour of accused for grant of statutory bail could have ignited. Rambeer Shokeen v. State of NCT of Delhi, AIR 2018 SC 688 : 2018 (103) AllCC 621 : 2018 (1) Bom. C.R. (Cri.) 630 : 2018 (125) CLT 1110 : 2018 (1) Crimes 170 : JT 2018 (2) SC 229 : 2018 (2) MLJ (Cri) 282 : 2018 (2) PLJR 111 : 2018 (2) RCR (Criminal) 109 : 2018 (1) Scale 590 : (2018) 4 SCC 405 : 2018 (1) SLT 785 : 2018 (2) RCR (Criminal) 109 : 2018 (1) Supreme 613 : bit.ly/CrlA2181of2017 31-01-2018

Criminal P.C. 1973 - Power of the Magistrate to consider the application of accused for their exemption from personal appearance. Rameshwar Yadav v. State of Bihar, AIR 2018 SC 1435 : 2018 (1) ALD (Cri) 735 : 2018 (2) Bom.C.R. (Cri.) 505 : 2018 (2) Crimes 24 : 2018 (1) JKJ 115 : JT 2018 (3) SC 401 : 2018 (2) MLJ (Cri) 471 : 2018 (1) MPWN 360 : 2018 (2) RCR (Criminal) 461 : (2018) 4 SCC 608 : 2018 (2) Supreme 631 Crl.A. No. 387 of 2018 16-03-2018

Criminal P.C. 1973 - Remand - the Single Judge has not mentioned the bare facts of the case with a view to appreciate the factual controversy, such as, what is the nature of the complaint/FIR filed against the appellants, the allegations on which it is filed, the offences under which appellants prosecution is sought, who filed the complaint/FIR/proceedings, whether it pertains to a cognizable offence or not, the grounds on which the complaint/FIR/ proceedings is challenged, why such grounds are not made out under Section 482 of the Code etc. The case is remanded to the High Court for its decision on merits. Geeta v. State of Uttar Pradesh Crl.A. No. 1544 of 2018 03-12-2018

Criminal P.C. 1973 - S. 125 - Grant of Maintenance - DNA Test - appellant failed to prove that she was the wife of respondent - the respondent had fathered three children in her though the same was denied by the respondent - DNA report shows that the respondent is the father of the three children born to the appellant - Cancellation of maintenance is set aside. Pratima Das @ Arati Das v. Subudh Das, JT 2018 (3) SC 67 : 2018 (2) RCR (Criminal) 129 : (2018) 4 SCC 528 Crl.A. No 213 of 2018 01-02-2018

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. 154 - First Information Report (FIR) - The value to be attached to the FIR depends upon facts and circumstances of each case. Latesh @ Dadu Baburao Karlekar v. State of Maharashtra Home Department; AIR 2018 SC 659 : (2018) 3 SCC 66 : 2018 (1) Crimes 95 : JT 2018 (2) SC 27 : 2018 (1) Scale 626 : 2018 (1) SLT 619 : 2018 (1) Supreme 524 : 2018 (1) Bom.C.R. (Cri.) 594 : 2018 CriLJ 1812 : 2018 (1) JLJR 321 : 2018 (2) MLJ (Cri) 168 : 2018 (2) SCC (Cri) 235 : 2018 (1) ACR 843 : 2018 (1) ALD (Cri) 542 bit.ly/CrlA1301of2015 30-01-2018

Criminal P.C. 1973 - S. 195(1)(b)(ii) - The High Court having taken into consideration entire facts and circumstances have rightly come to the conclusion that present is not a case where any complaint could have been proceeded under Section 195(1)(b)(ii) Cr.P.C. Vishnu Chandru Gaonkar v. N.M. Dessai, 2018 (1) ALD (Cri) 883 : 2018 (103) AllCC 335 : 2018 All.M.R. (Cri.) 1818 : 2018 (2) ALT (Cri) 78 : 2018 (2) Bom.C.R.(Cri.) 491 : 2018 (2) CGLJ 152 : 2018 (1) Crimes 131 : 2018 (2) JCC 719 : 2018 (3) Scale 632 : (2018) 5 SCC 422 : 2018 (2) SCC (Cri) 770 : 2018 (2) Supreme 499 : 2018 (1) UC 472 Crl.A. No. 359 of 2018 06-03-2018

Criminal P.C. 1973 - S. 204 - Order issuing process summons against accused cannot be interfered with by Supreme Court in its appellate jurisdiction under Art. 136. Leena Vivek Masal v. State of Maharashtra, AIR 2018 SC 320 : (2018) 1 SCC 781 : JT 2018 (1) SC 84 : 2018 (1) Scale 88 : 2018 (1) Bom.C.R.(Cri.) 303 : 2018 (1) Crimes 6 : 2018 (1) SLT 455 : 2018 (1) Supreme 423 : 2018 All.M.R.(Cri.) 904 : 2018 (1) UC 132 : 2018 (127) ALR 236 Crl.A. No. 9 of 2018 05-01-2018

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. 378 (3) - Victim can file an appeal in the High Court without seeking leave to appeal. Mallikarjun Kodagali v. State of Karnataka, AIR 2018 SC 5206 : 2018 (4) Crimes 123 : 2018 (4) KLT 682 : 2018 (4) RCR (Criminal) 781 : 2018 (14) Scale 32 Crl.A. No. 1281-1282 of 2018 12-10-2018

Criminal P.C. 1973 - S. 378 (4) - Ownership Flats Act, 1963 (Maharashtra) - Violations of the Provisions of the Act - Metropolitan Magistrate dismissed the Complaint - High Court declined to grant leave to file appeal - Matter remanded to High Court. Dahisar Saraswati Coop. Housing Society Ltd. v. State of Maharashtra, AIR 2018 SC 4805 : 2018 (4) Crimes 121 : JT 2018 (10) SC 14 : 2018 (14) Scale 106 Crl.A. No. 1550 of 2010 12-10-2018

Criminal P.C. 1973 - S. 406 – Transfer Petitions - The apprehension of not getting a fair and impartial enquiry or trial is required to be reasonable and not imaginary, based upon conjectures and surmises. No universal or hard and fast rule can be prescribed for deciding a transfer petition, which will always have to be decided on the facts of each case. Convenience of a party may be one of the relevant considerations but cannot override all other considerations such as the availability of witnesses exclusively at the original place, making it virtually impossible to continue with the trial at the place of transfer, and progress of which would naturally be impeded for that reason at the transferred place of trial. The convenience of the parties does not mean the convenience of the petitioner alone who approaches the court on misconceived notions of apprehension. Convenience for the purposes of transfer means the convenience of the prosecution, other accused, the witnesses and the larger interest of the society. Harita Sunil Parab v. State of NCT of Delhi, AIR 2018 SC 1624 : 2018 (1) ALD (Cri) 771 : 2018 All.M.R. (Cri.) 1766 : 2018 (2) Bom.C.R. (Cri.) 549 : 2018 CriLJ 3659 : 2018 (249) DLT 112 : 2018 (2) JCC 961 : 2018 (5) Scale 242 : (2018) 6 SCC 358 T.P. (Crl.) No. 254 of 2017 28-03-2018

Criminal P.C. 1973 - S. 438 - Whether the Trial Court could have granted regular bail solely based on the protection granted by Apex Court - Since the matter is referred to a larger Bench, do not propose to deal with the issue any further. Prakash Chand Meena v. State of Rajasthan, 2018 (4) Crimes 92 : 2018 (14) Scale 236 Crl.A. No. 1268 of 2018 09-10-2018

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. 439 - Bail - Accused is a citizen of different country - In the eyes of the law every accused is the same irrespective of their nationality. Lachhman Dass v. Resham Chand Kaler, AIR 2018 SC 599 : 2018 (1) ALD (Cri) 535 : 2018 All.M.R. (Cri.) 1379 : 2018 (1) Bom.C.R. (Cri.) 800 : 2018 (1) Crimes 91 : 2018 (1) JCC 256 : JT 2018 (1) SC 451 : 2018 (2) JCC 901 : 2018 (1) JKJ 167 : 2018 (1) RCR (Criminal) 967 : 2018 (1) Scale 431 : (2018) 3 SCC 187 : 2018 (2) SCC(Cri) 10 : 2018 (1) Supreme 486 Crl.A. No. 161 of 2018 23-01-2018

Criminal P.C. 1973 - S. 482 - High Court cannot act like an Investigating Agency while exercising Inherent Powers. Dineshbhai Chandubhai Patel v. Stateof Gujarat; AIR 2018 SC 314 : (2018) 3 SCC 104 : JT 2018 (1) SC 141 : 2018 (1) Scale 97 : (2018) 1 SCC (Cri) 683 ; 2018 (1) Crimes 43 : 2018 (1) BCR (Cri) 314 : 2018 (1) GLH 186 : 2018 (1) JCC 190, 2018 (1) RCR (Criminal) 617, 2018 (1) SLT 436, 2018 (1) Supreme 66, 2018 (1) JLJR 150, 2018 (1) PLJR 326 bit.ly/CrlA12of2018 05-01-2018

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. 482 - Penal Code, 1860 - Ss. 420, 406 & 504 - Whether the High Court was justified in dismissing the appellants’ application filed under Section 482 of the Code. Lajpat v. State of Uttar Pradesh, Crl.A. No. 1569 of 2018 06-12-2018

Criminal P.C. 1973 - S. 482 - Penal Code, 1860 - Ss. 498­A & 323 - Dowry Prohibition Act, 1961 - Ss. 3 & 4 - Whether the High Court was justified in dismissing the appellants’ applications filed under Section 482 of the Code. Dr. Jagdish Prasad v. State of Uttar Pradesh 03-12-2018

Criminal P.C. 1973 - S. 482 - Quashment of FIR - Abetment of Suicide - allegations that due to continuous humiliation and suffering inflicted upon by the wife and her family members, the Husband committed suicide - High Court erred in quashing the FIR. Munshiram v. State of Rajasthan, AIR 2018 SC 1923 : 2018 (103) AllCC 608 : 2018 (1) ALD (Cri) 896 : 2018 (2) Bom.C.R. (Cri.) 765 : 2018 (2) CGLJ 284 : 2018 CriLJ 2412 : 2018 (2) Crimes 58 : 2018 (2) DMC 803 : 2018 (2) JCC 837 : 2018 (2) MLJ (Cri) 562 : 2018 (2) MPWN 49 : 2018 (2) RCR (Civil) 917 : (2018) 5 SCC 678 : 2018 (2) SCC (Cri) 838 bit.ly/CrlA515of2018 09-04-2018

Criminal P.C. 1973 - S. 482 - Quashment of Proceedings - Assessment made by High Court at a stage when investigation was yet to be completed, completely incorrect and uncalled for. State of Tamil Nadu v. S. Martin, AIR 2018 SC 1647 : 2018 All.M.R. (Cri.) 1770 : 2018 (2) ALT (Cri) 167 : 2018 (2) Crimes 252 : 2018 (2) JCC 834 : JT 2018 (3) SC 605 : 2018 (5) Scale 240 : 2018 (2) SCC (Cri) 845 : 2018 (3) Supreme 190 Crl.A. No. 423 of 2018 28-03-2018

Criminal P.C. 1973 - S.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. Kamala v. M.R. Mohan Kumar, AIR 2018 SC 5128 : 2018 (3) DMC 694 : JT 2018 (10) SC 409 : 2018 (4) KLT 864 : 2018 (2) OLR 994 : 2018 (14) Scale 257 Crl.A. No. 2368 of 2009 24-10-2018

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.300 (1) - When the accused was discharged due to lack of proper sanction, the principles of “double jeopardy” will not apply. State of Mizoram v. C. Sangnghina, AIR 2018 SC 5342 : JT 2018 (10) SC 524 : 2018 (4) KLT 853 : 2018 (14) Scale 442 Crl.A. No. 1322 of 2018 30-10-2018

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

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.389 - Mandatory requirement of - Suspension of sentence pending the appeal; release of appellant on bail. Sunita Devi v. State of Bihar, 2018 (2) RCR (Criminal) 130 Crl.A. No. 117 of 2018 18-01-2018

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 - S.482 - Contempt of Courts Act, 1971 - S.12 - Penal Code, 1860 - S.498A. Meenal Bhargava v. Naveen Sharma, AIR 2018 SC 2839 : 2018 (5) ALD 20 : 2018 (7) Scale 288 : 2018 (4) SLT 155 C.A. No. 1606 of 2018 09-05-2018

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

Criminal P.C. 1973 - S.482 - Quashing of FIR - complainant and the accused are husband and wife - even if the parties are sent to trial, the same is only to end up in acquittal in view of the settlement - Appeal is allowed. Wasim Anwar v. State of Nct of Delhi, 2018 (3) Crimes 85 : 2018 (3) RCR (Criminal) 558 Crl.A. No. 289 of 2018 19-02-2018

Criminal P.C. 1973 - S.88 - Power to release accused on bond upon his appearance in court - Said power is not mandatory - It is discretionary in nature. Pankaj Jain v. Union of India, 2018 (1) ALD (Cri) 752 : 2018 (103) AllCC 322 : 2018 (3) ALJ 173 : AIR 2018 SC 1155 : 2018 (2) Bom.C.R. (Cri.) 399 : 2018 (2) CTC 467 : 2018 CriLJ 1824 : 2018 (2) Crimes 5 : 2018 (2) JCC 1000 : 2018 (2) JLJR 1 : JT 2018 (3) SC 117 : 2018 (1) KLJ 851 : 2018 (1) KLT 996 : 2018 (2) PLJR 71 : 2018 (3) Scale 421 : (2018) 5 SCC 743 : 2018 (2) SCC(Cri) 867 : 2018 (2) Supreme 104 : 2018 (1) UC 439 Crl.A. No. 321 of 2018 23-02-2018

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. 154, 156 & 190 - Penal Code, 1860 – Ss. 420, 406, 467, 468, 471, 504, 506, 34 – Sub Divisional Magistrate directed the police to register a first information report - Whether the Sub Divisional Magistrate was competent to do so, and whether such an F.I.R. can be said to have been registered in accordance with the Code. Naman Singh @ Naman Pratap Singh v. State of Uttar Pradesh, http://bit.ly/CrlA1620of2018 13-12-2018

Criminal P.C. 1973 - Ss. 161 & 162 - Penal Code, 1860 - S. 304 Part II - Evidence Act, 1872 - S. 32 - trial court did not commit any error in convicting the appellant. High Court while deciding the appeal has also analysed the evidence on record and has rightly dismissed the appeal. Pradeep Bisoi @ Ranjit Bisoi v. State of Odisha, AIR 2018 SC 4787 : 2018 (4) Crimes 110 : JT 2018 (10) SC 264 : 2018 (2) OLR 873 : 2018 (13) Scale 769 Crl.A. No. 1192 of 2018 10-10-2018

Criminal P.C. 1973 - Ss. 24 & 25 - Assistant Public Prosecutors cannot claim parity with Public Prosecutors in respect of age of superannuation. Kerala Assistant Public Prosecutors Association v. State of Kerala, AIR 2018 SC 2652 : 2018 (2) KHC 983 : 2018 (2) KLT 926 : 2018 (7) Scale 516 : (2018) 7 SCC 314 bit.ly/CA3792of2010 17-05-2018

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 P.C. 1973 - Ss. 374 & 386(b) - Appeal against conviction - Death by Shooting - High Court acquitted all accused - Justified. State of Uttar Pradesh, Home Department Secretary v. Om Pal, AIR 2018 SC 2072 : 2018 AIR (SCW) 2072 : 2018 (4) ALJ 246 : 2018 (2) Crimes 401 : 2018 (2) RCR (Criminal) 725 : 2018 (5) Scale 392 : (2018) 5 SCC 805 Crl.A. No. 1213 of 2014 21-03-2018

Criminal P.C. 1973 - Ss. 378 & 386 - Retrial - Normally, retrial should not be ordered when there is some infirmity rendering the trial defective. A retrial may be ordered when the original trial has not been satisfactory for particular reasons like, appropriate charge not framed, evidence wrongly rejected which could have been admitted or evidence admitted which could have been rejected etc. Retrial cannot be ordered when there is a mere irregularity or where it does not cause any prejudice, the Appellate Court may not direct retrial. The power to order retrial should be exercised only in exceptional cases. Issac @ Kishore v. Ronald Cheriyan, AIR 2018 SC 604 : 2018 (103) AllCC 1002 : 2018 (1) ALT (Cri) 284 : 2018 (1) Crimes 87 : 2018 (1) JCC 252 : 2018 (1) JLJR 377 : 2018 (2) PLJR 57 : 2018 (1) RCR (Criminal) 926 : 2018 (1) Scale 437 : (2018) 2 SCC 278 : 2018 (1) SCC (Cri) 703 : 2018 (1) Supreme 482 Crl.A. No. 165 of 2018 23-01-2018

Criminal P.C. 1973 - Ss. 397 & 398 - Magistrate observes that the Sessions court has already made out a prima facie case. Such finding would be difficult to sustain as the revisional court only observed certain aspects in furtherance of remanding the matter. Such observations could not have been made by the Magistrate as he was expected to apply his independent mind while taking cognizance. Rajendra Rajoriya v. Jagat Narain Thapak, AIR 2018 SC 1229 : 2018 (103) AllCC 332 : 2018 (2) ALT (Cri) 69 : 2018 CriLJ 1832 : 2018 (2) Crimes 1 : 2018 (2) JLJR 38 : JT 2018 (2) SC 471 : 2018 (2) JLJ 290 : 2018 (2) PLJR 182 : 2018 (3) Scale 368 Crl.A. No. 312 of 2018 23-02-2018

Criminal P.C. 1973 - Ss. 482 - Penal Code, 1860 - Ss. 498A, 304B - Dowry Prohibition Act, 1961 - Ss. 3 & 4 - Powers of the High Court to interfere in the cases filed under Section 482. Sangeeta Agrawal v. State of Uttar Pradesh 03-12-2018

Criminal P.C. 1973 - Ss. 482 & 320 - Quashing of Criminal Proceedings - Exercise of Power by High Court - Quashing of proceedings based on Compromise / Settlement between parties. Anita Maria Dias v. State of Maharashtra, 2018 All.M.R. (Cri.) 1357 : 2018 (103) AllCC 593 : 2018 (2) Crimes 18 : 2018 (2) JCC 755 : JT 2018 (2) SC 261 : 2018 (1) RCR (Criminal) 983 : 2018 (2) Scale 330 : (2018) 3 SCC 290 : 2018 (2) SCC (Cri) 50 : 2018 (2) Supreme 133 : 2018 (1) UC 239 Crl.A. No. 199 of 2018 19-01-2018

Criminal P.C. 1973 - Ss. 482, 216, 173, 200 & 202 - Offence of attacking petitioner by advocates, in courtroom in the presence of presiding officer. Osama Aziz v. State of Uttar Pradesh, 2018 All.M.R. (Cri.) 2681 : 2018 (3) Bom.C.R. (Cri.) 115 : 2018 (2) Crimes 392 : 2018 (2) RCR (Criminal) 928 : (2018) 5 SCC 415 : 2018 (2) SCC (Cri) 764 Crl.A. No. 648 of 2018 27-04-2018

Criminal P.C. 1973 - Suspension of Sentence pending Appeal - Ground of Parity - High Court declined to suspend the sentence during the pendency of the criminal appeal pending before the High Court - the sentence needs to be suspended in the case of the appellant herein also on the ground of parity. Omprakash @ Manta v. State of Madhya Pradesh, JT 2018 (11) SC 115 C.A. No. 1237 of 2018 01-10-2018

Criminal P.C. 1973 - What is the purpose and object of sub­Section (2) of section 357 Cr.P.C.? Satyendra Kumar Mehra @ Satendera Kumar Mehra v. State of Jharkhand, AIR 2018 SC 1587 : 2018 (2) Bom.C.R. (Cri.) 557 : 2018 (2) Crimes 302 : 2018 CriLJ 2739 : 2018 (2) JCC 906 : 2018 (2) RCR (Criminal) 530 : 2018 (5) Scale 109 : 2018 (3) Supreme 531 : 2018 (1) UC 551 Crl.A. No. 406 of 2018 23-03-2018

Criminal P.C. 1973 - Whether prior sanction for prosecution qua allegation of corruption in respect of a public servants is required before setting in motion even the investigative process under Section 156(3) - Matter is referred to a larger Bench; Manju Surana v. Ratan Singh, 2018 (2) Crimes 363 : 2018 (2) JLJ 330 : 2018 (2) KLT 315 : 2018 (2) RCR (Criminal) 673 : 2018 (5) Scale 75 : (2018) 5 SCC 557 : 2018 (2) SCC (Cri) 800 : 2018 (1) UC 534 Crl.A. No. 457 of 2018 27-03-2018

Criminal P.C.1973 - Remission - the appellant has so far undergone more than 14 years of jail sentence and he still remains in Jail undergoing his sentence - if that were the case then the State can be directed to consider the appellant's case for his remission in terms of the relevant provisions of the Cr.P.C. read with Rules - the appellant is eligible for his release by the State in terms of the Rules in accordance with law depending upon a case made out by him. The State can always pass appropriate orders on appellant's release provided a case to that effect as provided in the Rules is made out. Rajendra Singh v. State of Uttar Pradesh, AIR 2018 SC 5127 : JT 2018 (10) SC 431 : 2018 (14) Scale 190 Crl. A. No. 863 of 2012 23-10-2018

Criminal P.C.1973 - S. 199 - Defamation against Chief Minister - Statements may be defamatory but then in the absence of a nexus between the defamatory statements and the discharge of public duties of the office, the remedy under Section 199(2) and 199(4) Cr.P.C. will not be available. K.K. Mishra v. State of Madhya Pradesh, AIR 2018 SC 2171 : 2018 (2) ALT (Cri) 117 : 2018 (2) Bom.C.R.(Cri.) 571 : 2018 CriLJ 2925 : 2018 (2) JLJ 151 : 2018 (2) RCR (Criminal) 831 : 2018 (5) Scale 607 : (2018) 6 SCC 676 : 2018 (4) Supreme 215 bit.ly/CrlA547of2018 13-04-2018

Criminal P.C.1973 - S. 228 - Framing of Charges - Standard which courts must apply while framing charges; Mauvin Godinho v. State of Goa, 2018 (1) ABR (Cri) 955 : AIR 2018 SC 749 : 2018 All.M.R. (Cri.) 1384 : 2018 (1) Bom.C.R. (Cri.) 815 : 2018 (2) Crimes 14 : 2018 CriLJ 1717 : 2018 (2) JCC 714 : 2018 (1) JLJR 365 : JT 2018 (2) SC 323 : 2018 (2) MLJ (Cri) 89 : 2018 (3) RCR (Criminal) 385 : 2018 (1) Scale 584 : (2018) 3 SCC 358 : 2018 (2) SCC (Cri) 63 : 2018 (1) SCC (L&S) 591 : 2018 (2) Supreme 122 : 2018 (1) UC 244 bit.ly/CrlA315of2011 17-01-2018

Criminal P.C.1973 - Second Complaint - Mentioning of reasons for withdrawal of an earlier complaint is also not a condition precedent for maintaining a second complaint. V. Ravi Kumar v. State rep. by Inspector of Police http://bit.ly/CrlA111of2011 14-12-2018

Criminal P.C.1973 - Ss. 161, 162 & 164 - Evidence Act, 1872 - S. 27 - Penal Code, 1860 - 302, 364, 379 & 34. Navaneethakrishnan v. State By Inspector of Police, AIR 2018 SC 2027 : 2018 (1) ALD (Cri) 1020 : 2018 (2) ALT (Cri) 60 : 2018 (2) Bom.C.R. (Cri.) 583 : 2018 CriLJ 2814 : ,JT 2018 (4) SC 275 : 2018 (6) Scale 16 : 2018 (4) Supreme 652 Crl.A. No. 1134 of 2013 16-04-2018

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 Procedure Code, 1973 - Ss. 54A & 164 - Evidence Act, 1872 - Ss. 63, 65, 65A & 65B. Shafhi Mohammad v. State of Himachal Pradesh, 2018 (2) JCC 936 : JT 2018 (4) SC 219 : 2018 (5) Scale 384 : (2018) 5 SCC 311 : 2018 (4) Supreme 194 S.L.P. (Crl.) No. 2302 of 2017 03-04-2018

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 - Conduct of - Guidelines should be followed by trial courts. State of Kerala v. Rasheed, 2018 (4) KLT 783 : 2018 (14) Scale 461 Crl.A. No. 1321 of 2018 30-10-2018

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 - Efficacy of the criminal justice system - Adversarial System - importance of the witness - low convictions in India - Witness Protection Scheme, 2018 - Preparation of a “Threat Analysis Report” - Vulnerable witness deposition complexes. Mahender Chawla v. Union of India W.P. (Crl. ) No. 156 of 2016 05-12-2018

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 - Faulty Investigation - Benefit of Doubt - Accused cannot be expected to relinquish his innocence at the hands of an inefficacious prosecution, which is ridden with investigative deficiencies - Benefit of doubt arising out of such inefficient investigation, must be bestowed upon the accused. State of Uttar Pradesh Home Department Secretary v. Wasif Haider http://bit.ly/CrlA1702of2014 10-12-2018

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 - Lapses in the Investigation - We cannot hazard a guess whether such lapses occurred because of the general inefficiency of the system or as a consequence of a concerted effort made to protect the accused. The law of this country is not that people are convicted of offences on the basis of doubts. Rupinder Singh Sandhu v. State of Punjab, AIR 2018 SC 2395 : 2018 (103) AllCC 977 : 2018 (3) Bom.C.R.(Cri.) 93 : 2018 CriLJ 2935 : 2018 (2) JKJ 129 : JT 2018 (5) SC 182 http://bit.ly/CrlA58of2007 15-05-2018

Criminal Trial - Presumption of Innocence. Bannareddy v. State of Karnataka, AIR 2018 SC 1454 : 2018 (2) ALD (Cri) 179 : 2018 (1) ALT (Cri) 289 : 2018 (2) Crimes 94 : 2018 CriLJ 2686 : JT 2018 (3) SC 557 : 2018 (3) KarLJ 545 : 2018 (2) MLJ(Cri) 357 : 2018 (2) RCR (Criminal) 682 : 2018 (4) Scale 323 : (2018) 5 SCC 790 : 2018 (3) Supreme 720 Crl.A. No. 382 of 2018 12-03-2018

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

Customs Act, 1962 - S.14 - Transaction Value / Assessable Value in respect of Imported Aluminum Scrap. Commissioner of Central Excise and Service Tax, Noida v. M/s. Sanjivani Non-ferrous Trading Pvt. Ltd. C.A. No. 18300 of 2017 10-12-2018

Damodar Valley Corporation Act, 1948 - Legality of taking into consideration the cumulative depreciation for reducing the loan component. Damodar Valley Corporation v. Central Electricity Regulatory Commission C.A. No. 4881 of 2010 03-12-2018

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

Death Sentence - Review Petition - Consideration of socio-economic factors - Public opinion or collective conscience of the society - Socio-economic factors concerning a convict must be taken into consideration while taking a decision on whether to award a sentence of death or to award a sentence of imprisonment for life. M.A. Antony @ Antappan v. State of Kerala http://bit.ly/RPCrl245of2010 12-12-2018

Deed of Conveyance - There is a difference and distinction between the built­up area of building and the plot area. Akhil Bhartvarshiya Marwari Agarwal Jatiya Kosh v. Brijlal Tibrewal, C.A. No. 12088 of 2018 14-12-2018

Delay - Condonation of - Delayed by 554 days - Prolonged illness - Delay condoned. Ummer v. Pottengal Subida, AIR 2018 SC 2025 : 2018 (3) ALD 30 : 2018 (3) Bom.C.R. (Cri.) 171 : 2018 (1) DMC 800 : 2018 (1) GLH 607 : 2018 (4) MLJ 363 : 2018 (2) MPWN 73 : 2018 (2) RCR (Civil) 232 : 2018 (2) Supreme 490 C.A. No. 2599 of 2018 08-03-2018

Delay - Condonation of - in filing the Review application - the High Court should have been liberal in taking a view in the matter and accordingly should have condoned the delay and granted the appellants one more opportunity to cure the defects. Pralhad Shankarrao Tajale v. State of Maharashtra through its Secretary (Revenue), 2018 (3) ABR 59 : AIR 2018 SC 1313 : 2018 (4) ALD 49 : 2018 (128) ALR 223 : 2018 (5) Bom.C.R. 84 : 2018 (2) JLJR 113 : JT 2018 (3) SC 166 : 2018 (2) PLJR 222 : 2018 (4) Scale 233 : (2018) 4 SCC 615 : 2018 (2) Supreme 487 C.A. No. 2601 of 2018 08-03-2018

Disaster Management Act, 2005 - S.2 - Safety Measures of the Mullaperiyar Dam - there has to be a greater degree of disaster management and better preparedness to face any kind of disaster caused by the dam. Russel Joy v. Union of India, JT 2018 (1) SC 487 : 2018 (1) Scale 526 : (2018) 3 SCC 179 : 2018 (1) Supreme 300 W.P. (C) No. 878 of 2017 11-01-2018

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

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

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 - MBBS/BDS and PG Course - Meritorious Reserved Candidate (MRC). Tripurari Sharan v. Ranjit Kumar Yadav, AIR 2018 SC 366 : 2018 (1) JLJR 262 : JT 2018 (1) SC 287 : 2018 (36) LCD 580 : 2018 (1) PLJR 261 : 2018 (1) Scale 255 : (2018) 2 SCC 656 : 2018 (1) Supreme 277 : 2018 (1) UPLBEC 57 C.A. No. 157 of 2018 11-01-2018

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 - Right of Children to Free and Compulsory Education Act, 2009 - Education Act, 1958 (Kerala) - S.15 - Taking over of schools in public interest and in interest of education - the State has to take all steps for fulfilling the objective to provide education to children upto 14 years of age seeking Primary (Upper Primary and Lower Primary) education. The State decision to run the Primary schools which were decided to be closed by their respective management was in public interest and in the interest of the education. The High Court has rightly refused to interfere with the decision of the State Government taking over the schools to run the same directly by the Government. A.A. Padmanbhan v. State of Kerala, 2018 ALT (Rev) 51 : AIR 2018 SC 2982 : JT 2018 (2) SC 436 : 2018 (4) MLJ 213 : 2018 (3) Scale 91 : (2018) 4 SCC 537 : 2018 (2) Supreme 452 C.A. No. 2206 of 2018 16-02-2018

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

Education - Unrecognized Course - Compensation to the Students - it is not possible to accede to the request of the Deemed University to waive the order of compensation made by the High Court. Nehru Gram Bharati University v. State of U.P., JT 2018 (11) SC 27 : 2018 (14) Scale 239 C.A. No. 10677 of 2018 24-10-2018

Education Law - Invalidation of degrees in Engineering - chance to prove merit to validate it - Directions issued. Orissa Lift Irrigation Corp. Ltd. v. Rabi Sankar Patro, JT 2018 (1) SC 564 : 2018 (1) KLT 494 : 2018 (1) Scale 425 : (2018) 2 SCC 298 : 2018 (1) SCC (L&S) 289 M.A. No. 1795 of 2017 22-01-2018

Education Law - Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006 (Kerala) - Ss. 4 (6) & 4 (7). Anitta Job v. State of Kerala, AIR 2018 SC 2254 : 2018 (6) Scale 174 : 2018 (4) Supreme 307 C.A. No. 3874 of 2018 20-04-2018

Education Law - Promotion - Eligibility Criteria - UGC (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010. Dr. Shadab Ahmed Khan v. Prof. Mujahid Beg, AIR 2018 SC 2036 : 2018 (3) ALJ 737 : 2018 (3) AWC 2786 : 2018 (6) Scale 239 : (2018) 6 SCC 385 : 2018 (4) Supreme 766 C.A. No. 4278 of 2018 23-04-2018

Education Law - University Grants Commission - College Development Council (CDC) - Tenure of the Director of the CDC - Tenure Limitation - Revised Guidelines for the Establishment of College Development Council in Universities issued by the UGC for the establishment of the CDC - tenure limitation applies to every person who is appointed to the post. S.C. Singh v. State of Uttarakhand C.A. No. 11856 of 2018 05-12-2018

Education Law - UP Basic Education Act, 1872 - UP Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978. District Basic Education Officer Allahabad v. Sushila Jaiswal, JT 2018 (5) SC 282 bit.ly/ca5628of2018 17-05-2018

Education Law - Whether a University is bound to give ‘No Objection Certificate' (NOC) for opening an educational institution or for a new course irrespective of educational needs of the locality under its jurisdiction - Is the University bound to give NOC in a local area irrespective of whether institutions are required in the area and thereby promote the mushroom growth of institutions? Jawaharlal Nehru Technological University Registrar v. Sangam Laxmi Bai Vidyapeet, 2018 (14) Scale 575 C.A. No. 10807 of 2018 29-10-2018

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 - the nondisclosure of assets and sources of income of the CANDIDATES and their ASSOCIATES would constitute a corrupt practice falling under heading ‘undue influence’ as defined under Section 123(2) of the RP Act of 1951. Lok Prahari, Through Its General Secretary S.N. Shukla v. Union of India, AIR 2018 SC 1041 : 2018 (1) Crimes 145 : 2018 (2) RCR (Civil) 754 : 2018 (3) Scale 1 : (2018) 4 SCC 699 : 2018 (2) SCC(L&S) 125 : 2018 (2) Supreme 549 W.P. (C) No. 784 of 2015 16-02-2018

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 - Voter Verifiable Paper Audit Trail (VVPAT) - Draft Electoral Rolls - Deletion of voters from the voter list without intimation to the political parties - Another writ petition almost identical prayer - Dismissed. Kamal Nath v. Election Commission of India, JT 2018 (11) SC 288 : 2018 (13) Scale 822 W.P. (C) No. 935 of 2018 12-10-2018

Election Law - Deposit of treasury challan which means deposit of the requisite amount in treasury at the time of presentation of the election petition is mandatory. Sitaram v. Radhey Shyam Vishnav, AIR 2018 SC 1298 : 2018 (2) JLJR 126 : JT 2018 (3) SC 441 : 2018 (4) MLJ 238 : 2018 (2) PLJR 235 : 2018 (2) RLW 1009 : 2018 (3) Scale 666 : (2018) 4 SCC 507 : 2018 (2) Supreme 421 : 2018 (2) WLN 33 C.A. No. 1200 of 2018 06-03-2018

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

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 - If the Board initiates any action against any person/consumer, then such action must be brought to its logical end in accordance with the procedure prescribed under the Act after affording an opportunity to such person/consumer. Maharashtra State Electricity Distribution Co. Ltd. v. Appellate Authority, 2018 (3) ABR 65 : 2018 (2) All.M.R. 916 : AIR 2018 SC 977 : 2018 (3) Bom.C.R. 478 : 2018 (2) JLJR 15 : JT 2018 (2) SC 299 : 2018 (2) PLJR 83 : 2018 (2) RCR (Civil) 48 : (2018) 3 SCC 608 : 2018 (3) Supreme 254 : 2018 (2) SCALE 490 C.A. No. 3370 of 2007 15-02-2018

Electricity Act - Power Purchase Agreement (PPA). Rithwik Energy Generation Pvt. Ltd. v. Bangalore Electricity Supply Co. Ltd.. 2018 (129) ALR 304 : JT 2018 (3) SC 95 : 2018 (2) Supreme 493 C.A. No. 5084 of 2015 06-02-2018

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

Electricity Act, 2003 - Statement of Objects and Reasons - State Electricity Commission - It is mandatory that there should be at least one person of law as a Member of the Commission - Directions issued. State of Gujarat v. Utility Users Welfare Association, 2018 (2) GLH 201 : 2018 (5) MLJ 460 : 2018 (5) Scale 572 : (2018) 6 SCC 21 C.A. No. 14697 of 2015 12-04-2018

Employees Compensation Act, 1923 - Lack of Territorial Jurisdiction - Serious allegations against the claimant - judgment was passed by the High Court without hearing the claimant - an opportunity of hearing, in the interest of justice, needs to be given to the claimant before the High Court to contest the appeal filed by the Insurance Company. Mohd. Anwar v. Oriental Insurance Company, 2018 (1) ACC 745 : 2018 ACJ 939 : 2018 (157) FLR 336 : JT 2018 (2) SC 410 : 2018 (3) Scale 59 : (2018) 3 SCC 300 : 2018 (1) SCC (L&S) 481 : 2018 (1) Supreme 750 C.A. No. 2265 of 2018 19-02-2018

Employees Compensation Act, 1923 - S. 30 - Appeal - Scope of Interference; Shaikh Osmanali Chous v. New India Assurance, 2018 (3) ABR 64 : 2018 ACJ 1016 : 2018 AllCJ 574 : AIR 2018 SC 788 : 2018 (3) All.M.R. 465 : JT 2018 (1) SC 481 : 2018 (36) LCD 310 : 2018 LLR 343 : 2018 (1) Scale 462 : (2018) 3 SCC 49 : 2018 (1) SCC (L&S) 461 : 2018 (2) SLT 61 : 2018 (1) Supreme 415 bit.ly/ca420of2018 16-01-2018

Employment Law - Mahatma Gandhi National Rural Employment Guarantee Act, 2005. Swaraj Abhiyan v. Union of India, AIR 2018 SC 3670 : 2018 (7) Scale 679 bit.ly/wpc857of2015 18-05-2018

Environment Law - Environmental Clearance - Environment Impact Assessment - Water / Coastal Areas - Housing project - Contradictory stands of the authority - Not fair to builder and impermissible and would cause grave uncertainty if such an approach was to be permitted. Kerala State Coastal Management Authority v. DLF Universal Ltd., AIR 2018 SC 389 : 2018 (8) FLT 83 : 2018 (1) KLJ 429 : 2018 (1) Scale 239 : (2018) 2 SCC 203 C.A. No. 117 of 2018 10-01-2018

Environment Law - Illegal Mining - High Court mistakenly set aside permission granted by Special Court for such e-auction by State - Release of iron-ore to respondent held to be untenable - Order by Special Court restored - Liberty granted to respondent to establish his ownership over iron ore before appropriate court; State of Karnataka v. Vedanta, 2018 (103) AllCC 341 : 2018 (1) Crimes 136 : 2018 (3) KarLJ 245 : 2018 (3) Scale 647 : (2018) 5 SCC 722 : 2018 (2) SCC(Cri) 849 : 2018 (2) Supreme 508 Crl.A. No. 348 of 2018 06-03-2018

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. Arjun Gopal v. Union of India, AIR 2018 SC 5731 : JT 2018 (10) SC 381 : 2018 (14) Scale 209 W. P. (C) No. 728 of 2015 23-10-2018

Environmental Law - Illegal Mining - Renewal of Mining Leases - large-scale illegal mining of iron ore and manganese ore in the State of Goa - directions issued. Goa Foundation v. Sesa Sterlite, 2018 (2) All.M.R. 866 : 2018 (2) Bom.C.R. 485 : 2018 (8) FLT 173 : JT 2018 (2) SC 545 : 2018 (2) Scale 103 : (2018) 4 SCC 218 : 2018 (3) Supreme 617 SLA (C) No. 32138 of 2015 07-02-2018

Environmental Law - Inter State River Water Disputes Act, 1956 - Cauvery Water Management Scheme. State of Tamil Nadu v. P.K. Sinha, 2018 (5) MLJ 243 : 2018 (7) Scale 664 : (2018) 7 SCC 403 Cont.P. (C) No. 898 of 2018 18-05-2018

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

Essential Commodities Act, 1955 - Ss. 3 & 7 - Penal Code, 1860 - Ss. 420 & 409 - Criminal P.C. 1973 - S. 438 - denial of protection under - direction for deposit - accused who was running a rice mill did not return the required quantity of rice after custom milling - State is permitted to attach all the immovable properties of the accused and the bank accounts so as to cover up the deficit of the deposit. Dwarika Das Rathi v. State of Chhattisgarh, 2018 (4) Crimes 102 : 2018 (14) Scale 237 Crl.A. No. 1267 of 2018 09-10-2018

Establishment of New Medical College Regulations, 1999 - Reg. 8(3)(1)(a) - Deficiencies - Fresh Assessment - Oversight Committee - Grant of Sanction - Admissions - Academic Calendar - Fresh Inspection could have been directed for the academic year 2018­-19. Medical Council of India v. Lord Buddha Education Society, JT 2018 (10) SC 277 : 2018 (13) Scale 710 C.A. No. 10352 of 2018 09-10-2018

E-Tender - Proposals for the work of “Technical designing, coordination and construction for rehabilitation/sale/ commercial/amenities along with construction of habitable temporary transit camps and other various works in 2 respect of redevelopment project”. Maharashtra Housing Development Authority v. Shapoorji Pallonji and Company Pvt. Ltd., AIR 2018 SC 945 : 2018 (3) All.M.R. 475 : 2018 (3) Bom.C.R. 466 : 2018 (2) JLJR 13 : JT 2018 (2) SC 265 : 2018 (4) MLJ 228 : 2018 (2) PLJR 169 : 2018 (2) SCALE 418 : (2018) 3 SCC 13 : 2018 (3) Supreme 466 C.A. No. 1836 of 2018 12-02-2018

Eviction - Directions to deposit Rent and Mesne profits - Delay in complying with High Court Order - Applications for extension of time and condonation of delay - Rejection without consideration of relevant facts - Not proper. Nonihal Singh v. Maya Devi, AIR 2018 SC 2016 : 2018 (5) MLJ 322 : 2018 (1) RCR (Rent) 400 : 2018 (5) Scale 494 : (2018) 6 SCC 396 : 2018 (4) Supreme 126 C.A. No. 3687 of 2018 05-04-2018

Eviction - In eviction suit filed by landlord, only landlord and tenant are necessary parties. Kanaklata Das v. Naba Kumar Das, AIR 2018 SC 682 : (2018) 2 SCC 352 : JT 2018 (1) SC 576 : 2018 (1) Scale 482 : 2018 (1) Supreme 358 : 2018 (2) ALD 119 : 2018 (2) Bom.C.R. 369 : 2018 (1) JLJR 335 : 2018 (3) MLJ 350 : 2018 (1) RCR 205 : 2018 (1) UC 616 : 2018 (2) ALT 18 C.A. No. 3018 of 2008 25-01-2018

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 Act, 1872 - Requirement of certificate under S. 65-B(4) is not always mandatory. Shafhi Mohammad v. State of Himachal Pradesh, AIR 2018 SC 714 : (2018) 2 SCC 801 : JT 2018 (2) SC 277 : 2018 (2) Scale 235 : 2018 (1) SLT 616 : 2018 (1) SCC (Cri) 860 : 2018 (1) SLT 616 : 2018 (2) Supreme 545 : 2018 (1) UC 254 : 2018 (2) ALD 171 : 2018 (1) ALD (Cri) 606 : 2018 (1) ALT (Cri) 235 : 2018 (2) Bom. C.R. (Cri.) 469 : 2018 (1) Crimes 125 : 2018 CriLJ 1714 : 2018 (1) CTC 777 : 2018 (1) JLJR 343 S.L.P. (Crl) No. 2302 of 2017 30-01-2018

Evidence Act, 1872 - S. 68 - Will - Certified Copy - Since the original Will was not in plaintiff's possession, its existence and legality could be proved by the plaintiff by leading the secondary evidence. H.V. Nirmala v. R. Sharmila, AIR 2018 SC 1264 : 2018 (2) ALD 55 : 2018 (4) All.M.R. 425 : 2018 (2) ALT 41 : JT 2018 (2) SC 16 : 2018 (2) RCR (Civil) 40 : 2018 (1) Scale 495 : (2018) 3 SCC 303 : 2018 (1) SLT 752 : 2018 (1) Supreme 339 C.A. No. 881 of 2018 25-01-2018

Evidence Act, 1872 - S.27 - the facts need not be self probatory and the word “fact” as contemplated in Section 27 of the Evidence Act is not limited to “actual physical material object”. The discovery of fact arises by reason of the fact that the information given by the accused exhibited the knowledge or the mental awareness of the informant as to its existence at a particular place. It includes a discovery of an object, the place from which it is produced and the knowledge of the accused as to its existence. Asar Mohammad v. State of U.P., AIR 2018 5264 : JT 2018 (10) SC 533 : 2018 (14) Scale 343 Crl.A. No. 1617 of 2011 24-10-2018

Evidence Act, 1872 - Ss. 6, 7 & 32 - Dying declaration can be sole basis for conviction if inspiring confidence. Madan @ Madhu Patekar v. State of Maharashtra, AIR 2018 SC 2007 : 2018 (1) ALD (Cri) 1014 : 2018 All.M.R.(Cri.) 3584 : 2018 (2) Crimes 49 : 2018 CriLJ 2880 : 2018 (2) JCC 1050 : 2018 (3) Supreme 546 Crl.A. No. 1025 of 2011 06-02-2018

Evidence Law - A statement of the prosecution witness which is otherwise untrustworthy cannot be corroborated by another piece of unreliable evidence of another prosecution witness. Shanker v. State of Madhya Pradesh, AIR 2018 SC 2687 : 2018 (2) ALD (Cri) 201 Crl.A. No. 1785 of 2011 18-04-2018

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

Evidence Law - Appreciation of Evidence of Related Witness. Bhaskarrao v. State of Maharashtra, AIR 2018 SC 2222 : 2018 (2) Bom.C.R. (Cri.) 797 : 2018 (2) Crimes 404 : (2018) 6 SCC 591 Crl.A. No. 408 of 2014 26-04-2018

Evidence Law - Circumstantial Evidence - All circumstances relied upon by the prosecution must be established by cogent, succinct and reliable evidence, all the proved circumstances must provide a complete chain, inasmuch as no 3 link in the chain of circumstances should be missing, and such chain of circumstances should unequivocally point to the guilt of the accused and exclude any hypothesis consistent with his innocence. Mukhtyar Jabbar Tadvi v. State of Maharashtra, AIR 2018 SC 5534 : JT 2018 (11) SC 86 : 2018 (14) Scale 477 Crl.A. No. 877 of 2011 31-10-2018

Evidence Law - Confession - If the court is satisfied that if the confession is voluntary, the conviction can be based upon the same. Rule of Prudence does not require that each and every circumstance mentioned in the confession with regard to the participation of the accused must be separately and independently corroborated. Ram Lal v. State of Himachal Pradesh, AIR 2018 SC 4616 : 2018 (4) Crimes 92 : JT 2018 (9) SC 428 : 2018 (4) RCR (Criminal) 470 : 2018 (13) Scale 655 http://bit.ly/CrlA576of2010 03-10-2018

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 - Related and Interested Witnesses - there cannot be any hard and fast rule that the evidence of interested witness cannot be taken into consideration and they cannot be termed as witnesses. But, the only burden that would be cast upon the Courts in those cases is that the Courts have to be cautious while evaluating the evidence to exclude the possibility of false implication. Relationship can never be a factor to affect the credibility of the witness as it is always not possible to get an independent witness. Sudhakar @ Sudharasan v. State Rep. by the Inspector of Police, AIR 2018 SC 1372 : 2018 (1) ALD (Cri) 889 : 2018 (1) ALT (Cri) 397 : 2018 (2) Crimes 157 : 2018 CriLJ 1947 : 2018 (2) RLW 990 : 2018 (4) Scale 453 : (2018) 5 SCC 435 : 2018 (2) SCC (Cri) 777 : 2018 (3) Supreme 725 Crl.A. No. 381 of 2018 12-03-2018

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 - Some minor contradiction or inconsistency in evidence cannot affect the material evidence and such contradiction or inconsistency cannot be made basis to discard the whole evidence as unreliable. Gorusu Nagaraju v. State of Andhra Pradesh, AIR 2018 SC 1897 : 2018 (1) ALD (Cri) 904 : 2018 (2) Crimes 45 : 2018 (2) JLJR 182 : JT 2018 (3) SC 547 : 2018 (2) PLJR 166 : 2018 (2) RCR (Criminal) 540 : 2018 (5) Scale 8 : 2018 (2) Supreme 765 Crl.A. No. 1032 of 2007 23-03-2018

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

Evidence Law - Will - Signature - Hand Writing Expert - To challenge the genuineness of the Will inter alia indicates challenge to the genuineness of the signature. Rama Avatar Soni v. Mahanta Laxmidhar Das, AIR 2018 SC 5597 : JT 2018 (11) SC 106 : 2018 (14) Scale 253 C.A. No. 10684 of 2018 24-10-2018

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

Family Law - Reversal of the decree of nullity - Apeal - parties agreed for a mediation before the Supreme Court Mediation Center - Settlement. Santosh Kumar Mishra v. Neeru Mishra, 2018 (8) Scale 631 C.A. No. 5629 of 2018 17-05-2018

Family Settlement - is Compulsorily Registrable - An unstamped instrument is not admissible in evidence even for collateral purpose, until the same is impounded. Sita Ram Bhama v. Ramvatar Bhama, 2018 (129) ALR 313 : 2018 (3) CTC 441 : 2018 (2) GLH 412 : 2018 (4) MLJ 454 : 2018 (2) RCR (Civil) 741 : 2018 (5) Scale 122 C.A. No. 3171 of 2018 23-03-2018

Finance Act, 1994 - S. 67 - Whether the value of goods or material supplied by the recipient of service, FOC to the service provider, which is used by service provider for providing the taxable service of construction, is to be included in the gross consideration, for the valuation purpose under the Finance Act for the chargeability of Service Tax ? Held, Service Tax not payable on material supplied free of cost by service recipient during construction. Commissioner of Service Tax v. Bhayana Builders, C.A. No. 2452 of 2014 19-02-2018

Finance Act, 1994 - Ss. 66 & 67 - Service Tax (Determination of Value) Rules, 2006 - Rule 5 - High Court was right in interpreting Sections 66 and 67 to say that in the valuation of taxable service, the value of taxable service shall be the gross amount charged by the service provider ‘for such service’ and the valuation of tax service cannot be anything more or less than the consideration paid as quid pro qua for rendering such a service. Union of India v. Intercontinental Consultants and Technocrats Pvt. Ltd., AIR 2018 SC 3754 : 2018 (10) GSTL 401 : 2018 (4) Scale 243 : (2018) 4 SCC 669 C.A. No. 2013 of 2014 07-03-2018

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

Foreign Contribution (Regulation) Act 1976 - the issue with regard to the applicability of the provisions of the FCRA to the case at hand can be decided more properly only after the evidence is adduced by the prosecution and the material, if any, is brought on record by means of evidence against the appellant in the case. C.B.I. v. Pratap Chandra Reddy Crl.A. No. 601 of 2009 11-12-2018

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, 1961 (Kerala) - Ss. 47H, 61A & 69 - Seizure of sandalwood, sandalwood oil etc. and confiscation thereon - Power of confiscation of sandalwood oil - Confiscation by Forest Officers in certain cases - Presumption that timber or forest produce belongs to Government - Whether the High Court erred in upholding the order of confiscation under Section 61-A of the Act and whether confiscation of sandalwood oil can be ordered under Section 61A or 69 of the Act - Held, The present case being related to the situation prior to the time of amendment in 2010 was made, the amended provisions do not apply. Hence, the order of confiscation of sandalwood oil is liable to be set aside. Standard Essential Oil Industries v. Forest Range Officer Kasargod, 2018 (8) FLT 521 : 2018 (2) KLT 790 : 2018 (6) Scale 364 C.A. No. 1747 of 2008 19-04-2018

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 - Felling of Trees - On an experimental basis we may permit silviculture felling of trees to a very limited extent and such felling should be monitored very carefully to see whether such silviculture felling actually helps in the regeneration of forests or not. In Re : T. N. Godavarman Thirumulpad v. Union of India, 2018 (8) FLT 445 : 2018 (1) Supreme 700 W. P. (C) No. 202 of 1995 16-02-2018

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

Freedom Fighters' Pension. Rambhau v. State of Maharashtra, 2018 (7) Scale 570 C.A. No. 3671 of 2018 10-04-2018

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

Gold (Control) Act, 1968 - Gold (Control) Repeal Act, 1990 - the statement of objects and reasons makes it clear that over 22 years, the results achieved under the Act have not been encouraging and the desired objectives for which the Act has been introduced have failed. Sushila N. Rungta (d) Thr Lrs. v. Tax Recovery Officer-16(2), 2018 (14) Scale 739 C.A. No. 10824 of 2018 30-10-2018

Government of Union Territories Act, 1963 - S.3(3) - “Central Government” - Administrator - Power of Nomination - Principles of Federalism and Co­operative Federalism. K. Lakshminarayanan v. Union of India, C.A. No. 11887 of 2018 06-12-2018

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

Hajj Pilgrimage - Private Tour Operators (PTOs) - Grant of Compensation. United Air Travel Services Through Its Proprietor A.D.M. Anwar Khan Vs. Union of India Ministry of External Affairs Through Secretary, AIR 2018 SC 2264 : JT 2018 (5) SC 17 : 2018 (7) Scale 1 W.P. (C) No. 631 of 2016 07-05-2018

Hereditary Offices Act (Maharashtra). Eureka Builders v. Gulabchand, 2018 (5) MLJ 610 : 2018 (7) Scale 62 C.A. No. 4757 of 2018 03-05-2018

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 - Maintenance granted by Family Court under S. 24 would supersede maintenance granted under S. 125 CrPC. Sanjay Kumar Sinha v. Asha Kumari, 2018 (3) ALT 53 : JT 2018 (4) SC 140 : 2018 (3) RCR (Civil) 691 : 2018 (5) Scale 410 : (2018) 5 SCC 333 : 2018 (2) SCC (Cri) 723 C.A. No. 3658 of 2018 09-04-2018

Hindu Marriage Act, 1955 - Mere perusal of the order of the Family Court and the High Court would go to show that both the Courts failed to apply their judicial mind to the factual and legal controversy insofar as award of permanent alimony to the respondent (wife) is concerned. Both the Courts did not even mention the factual narration of the case set up by the parties on the question of award of permanent alimony and without there being any discussion, appreciation, reasoning and categorical findings on the material issues such as, financial earning capacity of husband to pay the alimony and also the financial earning capacity of wife, a direction to pay Rs.15,00,000/- by way of permanent alimony to the wife was given. In our opinion, such direction is wholly unsustainable in law. Jalendra Padhiary v. Pragati Chhotray, AIR 2018 SC 2091 : 2018 (4) ALD 130 : 2018 (3) ALT 21 : 2018 (3) Bom.C.R. 850 : JT 2018 (4) SC 287 : 2018 (6) Scale 7 2018 (4) Supreme 356 C.A. No. 3876 of 2018 17-04-2018

Hindu Marriage Act, 1955 - S. 13B - Waiting period for a decree of divorce by mutual consent. Sachin Dinanath Dhuri v. Sneha Sachin Dhuri, C.A. No. 2414 of 2018 22-02-2018

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.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

Hindu Marriage Act, 1955 - S.13B - Divorce by mutual consent - parties have taken a conscious decision, uninfluenced by any extraneous factors - Therefore, it is not necessary for them to wait for a further period of six months. Anu Bhandari v. Pradip Bhandari, 2018 (2) ALT 99 : 2018 (2) DMC 721 : 2018 (3) Scale 699 : (2018) 6 SCC 389 C.A. No. 2494 of 2018 05-03-2018

Hindu Marriage Act, 1955 - Ss. 13 & 26 - Specific Relief Act, 1963 - S. 41 - Whether the husband is entitled to the decree of anti-suit injunction against the wife. Dinesh Singh Thakur v. Sonal Thakur, AIR 2018 SC 2094 : 2018 (129) ALR 899 : 2018 (2) DMC 488 : JT 2018 (4) SC 307 : 2018 (2) RCR (Civil) 843 : 2018 (6) Scale 1 C.A. No. 3878 of 2018 17-04-2018

Hindu Marriage Act, 1955 - Ss. 5 & 12 - Conditions for a Hindu marriage - Voidable marriages - Insofar as marriage of appellant No. 1 (who was less than 21 years of age on the date of marriage and was not of marriageable age) with T is concerned, it cannot be said that merely because appellant No. 1 was less than 21 years of age, marriage between the parties is null and void. Appellant No. 1 as well as T are Hindus. Such a marriage is not a void marriage under the Hindu Marriage Act, 1955, and as per the provisions of section 12, which can be attracted in such a case, at the most, the marriage would be a voidable marriage. Even if they were not competent to enter into wedlock (which position itself is disputed), they have right to live together even outside wedlock. Nandakumar v. State of Kerala, AIR 2018 SC 2254 : 2018 (1) ALD (Cri) 1010 : 2018 (2) Bom.C.R.(Cri.) 822 : 2018 CriLJ 3009 : 2018 (2) KLT 783 : 2018 (2) RCR (Civil) 899 : 2018 (7) Scale 462 Crl.A. No. 597 of 2018 20-04-2018

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

Hindu Minority and Guardianship Act, 1956 - S.6 - Custody of her Minor Children - Merely because the father has decided to go ahead in life, and has had a second marriage, it provides no ground whatsoever to deprive him of the custody of the children. Dr. Amit Kumar v. Dr. Sonila, AIR 2018 SC 5312 : 2018 (3) DMC 684 : JT 2018 (11) SC 202 : 2018 (14) Scale 362 C.A. No. 10771 of 2018 26-10-2018

Hindu Succession Act, 1956 - S. 14(1). Basanti Devi v. Rati Ram, AIR 2018 SC 2336 : 2018 (4) ALT 1 : JT 2018 (5) SC 245 : 2018 (3) RCR (Civil) 62 C.A. No. 7919 of 2011 08-05-2018

Hindu Succession Act, 1956 - Whether the daughters could be denied their share on the ground that they were born prior to the enactment of the Act and, therefore, cannot be treated as coparceners -Whether, with the passing of Hindu Succession (Amendment) Act, 2005, the appellants would become coparcener “by birth” in their “own right in the same manner as the son” and are, therefore, entitled to equal share as that of a son? Danamma @ Suman Surpur v. Amar, 2018 (4) ADJ 406 : AIR 2018 SC 721 : 2018 (3) ALD 19 : 2018 (127) ALR 711 : 2018 (2) ALT 22 : 2018 (2) Bom.C.R. 341 : 2018 (2) CGLJ 53 : 2018 (125) CLT 401 : 2018 (1) CTC 788 : 2018 (1) GLH 418 : 2018 (1) JLJR 346 : 2018 (2) KarLJ 577 : 2018 (3) Mh.L.J. 451 : 2018 (2) MPLJ 280 : 2018 (1) OLR 494 : 2018 (2) PLJR 26 : 2018 (1) RCR (Civil) 863 : 2018 (139) RD 700 : 2018 (1) RLW 460 : 2018 (1) Scale 657 : (2018) 3 SCC 343 : 2018 (1) SLT 642 : 2018 (1) Supreme 538 : 2018 (1) WLN 49 : 2018 (1) UC 627 C.A. No. 188-189 of 2018 01-02-2018

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

Honour Killing - Right to marry person of one’s choice - When two adults consensually choose each other as life partners, it is a manifestation of their choice which is recognized under Arts. 19 and 21; Shakti Vahini v. Union of India, AIR 2018 SC 1601 : 2018 (2) ALD (Cri) 144 : 2018 (4) ALD 1 : 2018 (3) All.M.R. 915, 2018 (2) Crimes 205 : 2018 (2) JLJ 1 : 2018 (5) Scale 51 : (2018) 7 SCC 192 : 2018 (3) Supreme 100 W.P. (C) No. 231 of 2010 27-03-2018

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 - Whether certain receipts by co­operative societies, from its members i.e. non­occupancy charges, transfer charges, common amenity fund charges and certain other charges, are exempt from income tax based on the doctrine of mutuality. Income Tax Officer, Mumbai v. Venkatesh Premises Coop. Sty. Ltd., 2018 (4) Scale 427 : 2018 (4) Supreme 97 C.A. No. 2706 of 2018 12-03-2018

Income Tax - Whether the material found in the course of survey in the premises of the builder could be used in Block Assessment of the assessee. Commnr. of Income Tax, Chennai v. S. Ajit Kumar Thr. Its Managing Director, AIR 2018 SC 2930 : JT 2018 (4) SC 612 : 2018 (6) Scale 592 : (2018) 8 SCC 107 C.A. No. 10164 of 2010 02-05-2018

Income Tax Act, 1961 - Assessment - Security - Interest. Deputy Commissioner of Income Tax, Chennai v. T. Jayachandran, AIR 2018 SC 2785 : 2018 (6) Scale 579 : (2018) 6 SCC 189 : 2018 (4) Supreme 580 C.A. No. 4341 of 2018 24-04-2018

Income Tax Act, 1961 - Charitable Trust - CIT had no jurisdiction to cancel the registration certificate once granted by him under Section 12A till the power was expressly conferred on the CIT by Section 12AA(3) of the Act w.e.f. 01.10.2004. Industrial Infrastructure Development Corporation (Gwalior) M. P. Ltd. Vs. Commissioner of Income Tax Gwalior M.P., AIR 2018 SC 3560 : JT 2018 (2) SC 455 : 2018 (1) OLR 791 : 2018 (3) Scale 42 : (2018) 4 SCC 494 : 2018 (2) Supreme 471 C.A. No. 6262 of 2010 16-02-2018

Income Tax Act, 1961 - Deduction of lease equalisation charges from lease rental income - Permissibility of. Commissioner of Income Tax VI v. Virtual Soft Systems Ltd., AIR 2018 SC 2735 : 2018 (6) Scale 423 : (2018) 6 SCC 584 : 2018 (4) Supreme 315 C.A. No. 4358 of 2018 24-04-2018

Income Tax Act, 1961 - Income by way of prize money from Sikkim State Lottery - Double Taxation - A taxing Statute should not be interpreted in such a manner that its effect will be to cast a burden twice over for the payment of tax on the taxpayer unless the language of the Statute is so compelling that the court has no alternative than to accept it. In a case of reasonable doubt, the construction most beneficial to the taxpayer is to be adopted - Only the Sikkim Regulations on Income-tax would be applicable in the present case. Therefore, the income cannot be brought to tax any further by applying the rates of the IT Act. Mahaveer Kumar Jain v. Commissioner of Income Tax, 2018 (6) Scale 369 : (2018) 6 SCC 527 : 2018 (4) Supreme 421 C.A. No. 4166 of 2006 19-04-2018

Income Tax Act, 1961 - S. 10(20) - Exemption under - Urban Improvement Trust is not a Municipal Committee within the meaning of Section 10(20) Explanation (iii). Income Tax Officer v. Urban Improvement Trust, AIR 2018 SC 5085 : JT 2018 (10) SC 336 : 2018 (14) Scale 90 C.A. No. 10577 of 2018 12-10-2018

Income Tax Act, 1961 - S. 2 (22) (e) - “dividend” - “shareholder” - definition / meanign of - Amendment - Effect of - Referred to larger Bench. National Travel Services v. Commissioner of Income Tax Delhi VIII, 2018 (1) Scale 533 : (2018) 3 SCC 95 : 2018 (2) Supreme 127 C.A. No. 2068 of 2012 18-01-2018

Income Tax Act, 1961 - S. 28 - Profits and gains of business or profession - Whether waiver of loan by the creditor is taxable as a perquisite under Section 28 (iv) of the IT Act or taxable as a remission of liability under Section 41 (1) of the IT Act. Commissioner v. Mahindra & Mahindra, AIR 2018 SC 3007 : 2018 (6) Scale 532 C.A. No. 6949 of 2004 24-04-2018

Income Tax Act, 1961 - S. 80-IA. Mahabir Industries v. Principal Commissioner of Income Tax, 2018 (7) Scale 618 C.A. No. 4765 of 2018 18-05-2018

Income Tax Act, 1961 - S.143. B.L. Passi v. Commissioner of Income Tax (XI), AIR 2018 SC 2768 : 2018 (6) Scale 324 : 2018 (4) Supreme 470 C.A. No. 3892 of 2007 24-04-2018

Income Tax Act, 1961 - S.14A - Disallowance under S. 14A of the act is applicable to expenditure in relation to exempt income from Stock-in-Trade. Maxopp Investment Ltd. v. Commr. of I. T New Delhi, 2018 (3) Supreme 689 C.A. No. 104 of 2015 12-02-2018

Income Tax Act, 1961 - S.158BD. Tapan Kumar Dutta v. Commnr. of Income Tax, West Bengal, AIR 2018 SC 2875 : 2018 (6) Scale 305 C.A. No. 2014 of 2007 24-04-2018

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 - S.240(b) - Interest income earned out of the share application money is liable to be set off against the public issue expenses. Commissioner of Income Tax IV Ahmedabad v. Shree Rama Multi Tech. Ltd., AIR 2018 SC 2631 : 2018 (6) Scale 299 : 2018 (4) Supreme 438 C.A. No. 6391 of 2013 24-04-2018

Income Tax Act, 1961 - S.80HHC - Whether Supporting Manufacturer can be treated at par with Direct Exporter - Matter referred to Larger Bench. Commissioner of Income Tax Karnal v. Carpet India Panipat (Haryana), 2018 (360) ELT 783 : 2018 (6) Scale 487 : (2018) 6 SCC 620 : 2018 (4) Supreme 585 C.A. No. 4590 of 2018 27-04-2018

Income Tax Act, 1961 - Ss. 147 & 148 - Income Escaping Assessment - Issue of notice where income has escaped assessment - Whether the re-opening of the completed assessment is justified. Income Tax Officer Ward No. 16 (2) v. Techspan, AIR 2018 SC 2113 : 2018 (6) Scale 311 : (2018) 6 SCC 685 C.A. No. 2732 of 2007 24-04-2018

Income Tax Act, 1961 - Ss. 194 H & 201 - Deducted on any income by way of commission or brokerage - consequences of failure to deduct or pay tax - the payment in question was in the nature of "commission" paid by the Prasar Bharati Doordarshan Kendra to the advertisement agencies to secure more business for them - Once it is held that the provisions of Section 194H apply to the transactions in question, it is obligatory upon the appellant to have deducted the income tax while making payment to the advertisement agencies. The non-compliance of Section 194H by the assessee attracts the rigor of Section 201 which provides for consequences of failure to deduct or pay the tax as provided under Section 194H of the Act.. Director, Prasar Bharati v. Commissioner of Income Tax, Thiruvananthapuram, AIR 2018 SC 1649 : JT 2018 (4) SC 1 : 2018 (5) SCALE 301 : (2018) 7 SCC 800 : 2018 (3) Supreme 361 C.A. No. 3496 of 2018 03-04-2018

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

Income Tax Act, 1961 - Whether the amendment made by the Finance Act, 2010 in Section 40(a)(ia) of the IT Act is retrospective in nature. Commissioner of Income Tax Kolkata XII v. Calcutta Export Company, 2018 (6) Scale 597 C.A. No. 4339 of 2018 24-04-2018

Income Tax Act, 1961 - Whether the amount received on redemption of Stock Appreciation Rights (SARs) is to be treated as capital gains and not perquisite under section 17(2)(iii) of the IT Act. Add. Commissioner of Income Tax v. Bharat V. Patel, AIR 2018 SC 2681 : 2018 (6) Scale 430 : 2018 (4) Supreme 321 C.A. No. 4380 of 2018 24-04-2018

Income Tax Act, 1961 - Whether the Inland Container Depots (ICDs) under the control of the Respondent, during the relevant period, qualified for deduction under Section 80­IA(4) of the IT Act or not. Commissioner of Income Tax, Delhi-I v. Container Corporation of India, 2018 (6) Scale 538 C.A. No. 8900 of 2012 24-04-2018

Income Tax Act, 1961 - Whether the software development charges are to be excluded while working out the deduction admissible under Section 10A of the IT Act on the ground that such charges are relatable towards expenses incurred on providing technical services outside India. Commissioner of Income Tax, Central-III v. HCL Technologies, AIR 2018 SC 2865 : 2018 (6) Scale 524 C.A. No. 8489 of 2013 24-04-2018

Income Tax Rules, 1962 - Method for determining amount of expenditure in relation to income not includable in total income. CIT v. Essar Teleholdings; AIR 2018 SC 1116 : (2018) 3 SCC 253 : JT 2018 (2) SC 44 : 2018 (1) Scale 681 : 2018 (1) Supreme 557 C.A. No. 2165 of 2012 31-01-2018

Inconsistent Pleas - A litigant can take different stands at different times but cannot take contradictory stands in the same case. Suzuki Parasrampuria Suitings Pvt. Ltd. v. The Official Liquidator of Mahendra Petrochemicals Ltd. (In Liquidation), AIR 2018 SC 4769 : JT 2018 (10) SC 3 : 2018 (14) Scale 85 bit.ly/CA10322of2018 08-10-2018

Indian Divorce Act, 1869 - S. 10A - Decree of Divorce by Mutual Consent - Allowed. Sudarsana Rao Gadde v. Karuna Gadde, 2018 (2) ALT 111 : 2018 (3) Bom.C.R. 443 C.A. No. 2287 of 2018 20-02-2018

Industrial Areas Development Act, 1966 (Karnataka) - S. 28(1) - Market rate of the land. Mallappa Dead by L.Rs. v. Special Land Acquisition Officer, C.A. No. 6057 of 2012 03-12-2018

Industrial Dispute Act, 1947 - General Manager of a Corporation is not a ‘workman’ under the Act. Rajeshwar Mahto v. Alok Kumar Gupta G. M. M/s Birla Corpn. Ltd; AIR 2018 SC 1267 : 2018 (157) FLR 151 : 2018 (2) JLJR 18 : 2018 (2) JT 477 : 2018 LLR 368 : 2018 (2) PLJR 171 : 2018 (3) Scale 323 : (2018) 4 SCC 341 : 2018 (1) SCC (L&S) 722 : 2018 (1) Supreme 752 M.A No. 711 of 2017 23-02-2018

Industrial Dispute Act, 1947 - the settlement once arrived at between the employer and the employees as provided in Section 18 of the Act, it is binding on the employer and the employees. Bhupendra Kumar Chimanbhai Kachiya Patel v. Divisional Controller GSRTC Nadiad, AIR 2018 SC 1293 : JT 2018 (3) SC 130 : 2018 (2) LLJ 646 : 2018 (3) Scale 639 : (2018) 3 SCC 775 : 2018 (1) SCC (L&S) 634 : 2018 (2) Supreme 482 C.A. No. 2546 of 2018 07-03-2018

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 - In order that any payment is regarded as “wages”, it must be proved that it was being paid by the employer to his employee pursuant to the terms of his employment. H.D. Sharma v. Northern India Textile Research Association, C.A. No. 3168 of 2010 03-12-2018

Industrial Disputes Act, 1947 - Conditions precedent to retrenchment of workmen - Once it is established that the Appellant had voluntarily abandoned her service, she could not have been in “continuous service” as defined under S. 2(oo) the I.D. Act, 1947. Manju Saxena v. Union of India, 03-12-2018

Industrial Disputes Act, 1947 - S. 10 - Co-Operative Societies Act, 1969 (Kerala) - S. 69 - It is the choice of the Employee concerned to choose any one forum out of the two forums available to him/her under the two Acts (the KCS Act and the I.D. Act) to get his/her service dispute decided. K.A. Annamma v. Cochin Co-operative Hospital Society, AIR 2018 SC 422 : 2018 (1) AWC 896 : 2018 (157) FLR 1 : 2018 (1) GLH 196 : JT 2018 (1) SC 398 : 2018 (1) KLT 414 : 2018 (2) LLJ 10 : 2018 (1) Scale 271 : (2018) 2 SCC 729 : 2018 (1) Supreme 507 C.A. No. 197 of 2018 12-01-2018

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

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.25F - Violation of - Payment of back-wages is not automatic - respondent has been terminated way back in the year 1998. 40% back-wages from 2002 till 2015 for thirteen years would mean huge financial burden upon the Corporation - In the peculiar facts and circumstances of the case, in lieu of full quit of all claim towards 40% back-wages, the Corporation shall pay to the respondent a lump sum amount of Rs.1,50,000/-. PSEB (Now Punjab State Power Supply Corporation Ltd.) v. Kulwant Singh C.A. No. 10181 of 2018 03-10-2018

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

Industrial Disputes Act, 1947 - Ss. 10, 11A - having regard to the peculiar nature of the respondent's appointment and rendering of services by him for a very short duration (just 240 days only) and with no evidence as to whether he worked for gains or not after his services came to an end in 1977, this was a fit case where the Labour Court should have awarded lump sum compensation to the respondent instead of directing his reinstatement in service with consequential benefits. Management, Hindustan Machine Tools Ltd. v. Ghanshyam Sharma, AIR 2018 SC 5280 : JT 2018 (10) SC 522 : 2018 (14) Scale 439 C.A. No. 856 of 2012 30-10-2018

Industrial Disputes Act, 1947 - Ss. 10, 25F & 25B- Conditions precedent to retrenchment of workmen - Definition of continuous service. Mohd. Ali v. State of Himachal Pradesh, AIR 2018 SC 2194 : 2018 (157) FLR 1001 : 2018 (2) LLJ 513 : 2018 (5) Scale 717 C.A. No. 3803 of 2018 16-04-2018

Industrial Disputes Act, 1947 - Ss. 20, 29 - Industrial Disputes (Central) Rules, 1957 - Rr. 10B(9), 22, 24 - Commencement and conclusion of proceedings - Penalty for breach of settlement or award - Board, Court, Labour Court, Tribunal, National Tribunal or Arbitrator may proceed ex parte - Power of Boards, Courts, Labour Courts, Tribunals and National Tribunals - Whether the Industrial Tribunal / Labour Court is functus officio after the award has become enforceable, and is thus, prevented from considering an application for setting aside an ex parte award - Held, In case a party is able to show sufficient cause within a reasonable time for its non-appearance in the Labour Court/Tribunal when it was set ex parte, the Labour Court/Tribunal is bound to consider such an application and the application cannot be rejected on the ground that it was filed after the award had become enforceable. The Labour Court/Tribunal is not functus officio after the award has become enforceable as far as setting aside an ex parte award is concerned. It is within its powers to entertain an application as per the scheme of the Act and in terms of the rules of natural justice. It needs to be restated that the Industrial Disputes Act, 1947 is a welfare legislation intended to maintain industrial peace. In that view of the matter, certain powers to do justice have to be conceded to the Labour Court/Tribunal, whether we call it ancillary, incidental or inherent. Haryana Suraj Malting Ltd. v. Phool Chand, AIR 2018 SC 2670 : 2018 (4) Mh.L.J. 12 : 2018 (7) Scale 706 C.A. No. 5650 of 2018 18-05-2018

Industrial Disputes Act, 1947 - Status of Employee - Whether Workman or Supervisor - Benefit under S. 25K - Applicable if unit has more than 100 workers. National Kamgar Union v. Kran Rader Pvt. Ltd., AIR 2018 SC 308 : (2018) 10 SCC 784 : JT 2018 (1) SC 86 : 2018 (1) Scale 89 : 2018 (1) Bom.C.R. 760 : 2018 (156) FLR 528 : 2018 (1) JLJR 158 : 2018 (1) LLJ 513 : 2018 LLR 159 : 2018 (1) PLJR 334 : 2018 (1) SLT 431 : 2018 (1) Supreme 240 : 2018 (2) ALLMR 933 C.A. No. 20 of 2018 05-01-2018

Industrial Disputes Act, 1947 - Whether the Supervisors / Deputy Superintendents would be workmen or not. IEL Suprevisor Association v. Duncan Industries, (2018) 4 SCC 505 : 2018 (2) SCC (L&S) 71 C.A. No. 9382 of 2017 23-02-2018

Industrial Disputes Act, 1947- Grant of pay scale is a highly technical and complex matter, which requires consideration of a host of factors, such as the qualifications for the posts, the method of recruitment, the nature of duties, etc. Therefore, the Courts/ Tribunal are loathe to interfere in matters with regard to grant of pay­scale. DTC Security Staff Union (Regd.) v. DTC, JT 2018 (4) SC 633 : 2018 (7) Scale 323 C.A. No. 5005 of 2018 11-05-2018

Industrial Disputes Rules, 1958 (West Bengal) - Rr. 20B (5) & 21 - Statement of case or written statement - Non­appearance on one day does not oblige the Tribunal to proceed ex­parte. Mahabir Prosad Choudhary v. Octavius Tea and Industries Ltd., C.A. No. 8320 of 2011 04-12-2018

Industrial Infrastructure Development Corporation Act, 1980 (Orissa) - Ss. 14, 15, 31, 34, 58 - Functions - General powers of the Corporation - Acquisition of Land - Transfer of Government lands to the Corporation - Disposal of land by the Corporation - Acquisition of unutilised surplus lands in industrial areas and allotment to other industries - Power to make rules - Power to make regulations - Power of Acquisition and disposal of the land - Regularisation in the absence of regulations - Transfer of land without conducting public auction - Consideration for the land not commensurate - Discussed. Odisha Industrial Infrastructure Development Corporation v. Pitabasa Mishra, JT 2018 (2) SC 414 : 2018 (3) Scale 132 : (2018) 3 SCC 732 : 2018 (1) Supreme 689 C.A. No. 2269 of 2018 19-02-2018

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

Insolvency and Bankruptcy Code, 2016 - S. 238 - the NCLT was absolutely correct in applying Section 238 of the Code to an independent proceeding instituted by a secured financial creditor. Jaipur Metals And Electricals Employees Organization Thru General Secretary Mr. Tej Ram Meena v. Jaipur Metals And Electricals Ltd. Thru Its Managing Director http://bit.ly/CA12023of2018 12-12-2018

Insolvency and Bankruptcy Code, 2016 - S. 238A - Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 - Section 5 of the Limitation Act may be applied to condone the delay in filing application under the Code. B.K. Educational Services Pvt. Ltd. v. Parag Gupta and Associates, AIR 2018 SC 5601 : 2018 (14) Scale 482 C.A. No. 23988 of 2017 11-10-2018

Insolvency and Bankruptcy Code, 2016 - S.29A - Ineligibility of resolution applicants to submit resolution plans. Arcelormittal India Private Limited v. Satish Kumar Gupta, AIR 2018 SC 5646 : 2018 (13) Scale 381 C.A. No. 9402 of 2018 04-10-2018

Insuracne Law - Construction of Insurance Exclusions - there is no ambiguity in Clause V of the insurance policy. The exclusion was clear in exempting the insurer from liability for a loss arising from the destruction of property caused “by order of the government or any lawful authority.” New India Assurance Company Limited v. Rajeshwar Sharma, C.A. No. 11885 of 2018 07-12-2018

Insurance - Underinsurance - When a group of items is insured under one heading and only some of the items and not all items are lost/stolen then the principle of under-insurance will apply. However, if all or most of the items of value covered under the policy are stolen, then the insurance company is bound to pay the value of the goods insured. I. C. Sharma v. Oriental Insurance, 2018 ACJ 542 : AIR 2018 SC 416 : 2018 AllCJ 569 : 2018 (127) ALR 731 : 2018 (1) ALT 54 : 2018 (1) AWC 761 : 2018 (1) JLJR 214 : JT 2018 (1) SC 301 : 2018 (4) Mh.L.J. 96 : 2018 (1) PLJR 368 : 2018 (2) RCR (Civil) 61 : 2018 (2) RLW 1432 : 2018 (1) Scale 233 : (2018) 2 SCC 76 : 2018 (1) SLT 542 : 2018 (1) Supreme 204 C.A. No. 3167 of 2017 10-01-2018

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

Insurance Policy - Rejection of the policy must be made in a reasonable time so as to be fair and in consonance with the good faith standards. D. Srinivas v. SBI Life Insurance, 2018 ACJ 1025 : AIR 2018 SC 2180 : 2018 (129) ALR 216 : 2018 (1) CPJ 21 : JT 2018 (3) SC 10 : 2018 (2) RCR (Civil) 161 : 2018 (3) Scale 85 : (2018) 3 SCC 653 : 2018 (2) SLT 294 : 2018 (2) Supreme 467 C.A. No. 2216 of 2018 16-02-2018

Inter State Water Disputes Act, 1956 - Issues of allocation - Principles of apportionment to be followed - Determination of irrigated areas in Tamil Nadu and Karnataka - Assessment of water for irrigation needs in Tamil Nadu and Karnataka - Water allocation for the State of Kerala - Water allocation for the Union Territory of Puducherry - Recognition of ground water as an additional source in Tamil Nadu - Water allocation for Domestic and Industrial purposes in Tamil Nadu - Water allocation for Domestic and Industrial purposes of State of Karnataka - Allocation of water towards environmental protection - Revised water allocation amongst competing States - Interpretation of Section 6A of the 1956 Act. State of Karnataka by its Chief Secretary v. State of Tamil Nadu by its Chief Secretary, 2018 (4) MLJ 17 : (2018) 4 SCC 1 C.A. No. 2453 of 2007 16-02-2018

Interest - LIBOR is an average interest rate calculated from time to time, based on inputs given by major banks in London as to their interest rates. Vedanta Limited v. Shenzhen Shandong Nuclear Power Construction Company Limited, C.A. No. 10394 of 2018 11-10-2018

Interim Order - In a situation where the impugned orders are interim in nature and when the first appeal in which such impugned orders were passed is still pending for its final disposal in the High Court, it would be in the interest of all the parties to the appeal that the appeal itself be disposed of finally on merits. B. Muthukrishnan v. S.T. Reddiar Educational and Charitable Trust, JT 2018 (2) SC 490 : 2018 (3) Scale 318 : (2018) 4 SCC 298 : 2018 (2) Supreme 33 C.A. No. 5813 of 2009 23-02-2018

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

Intermediate Education Act, 1921 - U.P. Secondary Education Services Selection Board Act, 1982 - 10 years of teaching experience is necessary qualification for appointment to the post of Principal. Vivek Mudgil v. State of U.P. C.A. No. 11863 of 2018 05-12-2018

Intermediate Education Council (Repeal) Act, 2007 (Bihar) - Adjustment of employees of the Bihar Intermediate Education Council - Once the Committee, as per the Act, has submitted a Report, it was for the State Government to act in terms of the Report. For the implementation of the Report, there was no requirement for a further Committee. Mukesh Kumar v. State of Bihar, JT 2018 (3) SC 1 : 2018 (2) JLJR 11 : 2018 (2) PLJR 81 : 2018 (3) Supreme 347 C.A. No. 1868 of 2018 13-02-2018

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

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

Judicial Discipline - It is against judicial propriety to issue orders contrary to the orders of its own coordinate Bench, as the same had attained finality. Judicial discipline mandates respecting of orders of co­ordinate Benches of the High Court. Ghaziabad Development Authority v. Machhla Devi, AIR 2018 SC 5755 : JT 2018 (11) SC 1 : 2018 (14) Scale 272 C.A. No. 10670 of 2018 23-10-2018

Judicial Review - the power of judicial review can be exercised only if there is unreasonableness, irrationality or arbitrariness and in order to avoid bias and mala fides. Municipal Corporation v. BVG India, 2018 (5) Scale 128 : (2018) 5 SCC 462 : 2018 (3) Supreme 219 C.A. No. 3330 of 2018 27-03-2018

Judicial Service - Inter se seniority dispute between three streams of Punjab Superior Judicial Service, i.e., officers promoted on the basis of merit­cum­seniority under 50% quota (promotees) - direct recruits under 25% quota (direct recruits) - officers promoted on the basis of limited departmental competitive examination under 25% quota (as it then existed) (out of turn promotees). Hon’ble Punjab and Haryana High Court at Chandigarh v. State of Punjab, AIR 2018 SC 5284 : 2018 (13) Scale 350 C.A. No. 5518 of 2017 03-10-2018

Judicial Service - Validity of determination of seniority of promotee and direct recruit Higher Judicial Service (HJS) officers in the State of Uttar Pradesh. Honble High Court of Judicature at Allahabad Registrar General v. State of Uttar Pradesh, AIR 2018 SC 2807 : 2018 (5) Scale 176 : 2018 (3) Supreme 131 C.A. No. 3356 of 2018 28-03-2018

Judicial Service is very different from other services and the yardstick of suitability that may apply to other services, may not be the same for a judicial service. Mohammed Imran v. State of Maharashtra, AIR 2018 SC 4895 : JT 2018 (10) SC 15 : 2018 (14) Scale 28 bit.ly/CA10571of2018 12-10-2018

Judicial Service Rules, 2006 (Arunachal Pradesh) - R. 7 - Method of recruitment, qualification, reservation and age limit. Gauhati High Court v. Goto Ete, AIR 2018 SC 3252 : 2018 (6) Scale 244 C.A. No. 4298 of 2018 23-04-2018

Judiciary - Andhra Pradesh Reorgnisation Act, 2014 - Bifurcation of lower judiciary by State wise strength of combined State of Andhra Pradesh - All the Judicial Officers belonging to Telangana State having opted and allocated the Telangana State - practically do not find any error in the operation of guidelines finalised by the High Court. Telangana Judges Association v. Union of India, AIR 2018 SC 5510 : 2018 (13) Scale 325 W.P. (C) No. 85 of 2015 03-10-2018

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

Judiciary - the concerned authorities may examine whether there is need for any changes in the judicial structure by creating appropriate fora to decongest the Constitutional Courts so as to realistically achieve the constitutional goal of speedy justice. Krishnakant Tamrakar v. State of Madhya Pradesh, AIR 2018 SC 3635 : 2018 (2) Crimes 254 : 2018 (5) Scale 248 Crl.A. No. 470 of 2018 28-03-2018

Juvenile Justice (Care and Protection of Children) Act, 2015 - High Court to seriously consider establishing child friendly courts and vulnerable witness courts in each district. Sampurna Behrua v. Union of India, 2018 (2) AWC 1734 : 2018 (2) Bom.C.R. 561 : 2018 (1) Crimes 21 : 2018 (2) MLJ (Cri) 94 : 2018 (2) Scale 209 : (2018) 4 SCC 433 : 2018 (2) SLT 20 : 2018 (1) Supreme 642 W.P. (C) No. 473 of 2005 09-02-2018

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

Labour Law - An employee is entitled to subsistence allowance during an inquiry pending against him or her but if that employee is starved of finances by zero payment, it would be unreasonable to expect the employee to meaningfully participate in a departmental inquiry. Uco Bank v. Rajendra Shankar Shukla, 2018 (2) CTC 331 : 2018 (157) FLR 482 : 2018 (1) KLJ 815 : 2018 LLR 344 : 2018 (1) UPLBEC 285 : 2018 (4) Supreme 257 C.A. No. 2693 of 2013 15-02-2018

Labour Law - Division Bench needs to consider the appeal(s) on merits by deciding on the correctness of the judgment of the learned Single Judge, instead of remitting the matter to the Industrial Tribunal. ONGC Purbanchal Employees Association Rep. By General Secretary Shri Sanjeeb Baruah v. Union of India Rep. By Secretary of Govt. of India, JT 2018 (4) SC 346 : 2018 (6) Scale 166 C.A. No. 3511 of 2018 03-04-2018

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 - Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 - S. 7A - Kelvin Jute Co. Ltd. Workers Provident Fund v. Krishna Kumar Agarwala, 2018 (14) Scale 373 M.A. No. 2364 of 2018 25-10-2018

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

Labour Law - If one person is able to prove his case of regularization qua establishment from a particular date that does not necessarily mean that other person’s case is also automatically proved alike other person. Ennore Port Trust v. V. Manoharan, 2018 (157) FLR 345 : JT 2018 (2) SC 292 : (2018) 3 SCC 612 : 2018 (1) SCC (L&S) 609 : 2018 (3) Supreme 334 C.A. No. 2114 of 2018 15-02-2018

Labour Law - If the domestic inquiry was held illegal and improper then the next question, which arose for consideration, was whether to allow the employer to prove the misconduct / charge before the Labour Court on merits by adducing independent evidence against the employee. Kurukshetra University v. Prithvi Singh, AIR 2018 SC 973 : 2018 (157) FLR 340 : JT 2018 (2) SC 316 : 2018 (2) LLJ 257 : 2018 LLR 371 : (2018) 4 SCC 483 : 2018 (1) SCC(L&S) 749 : 2018 (2) JLJR 24 : 2018 (2) PLJR 177 : 2018 (3) Supreme 321 : 2018 (1) UPLBEC 315 2018 (2) SCALE 484 C.A. No. 3585 of 2008 15-02-2018

Labour Law - Reduction of onetime compensation in lieu of reinstatement on account of the alleged illegal termination. Shyamali Chatterejee v. Municipal Corp. Bhilai, 2018 (8) Scale 625 C.A. No. 5148 of 2018 14-05-2018

Labour Law - Regularization - Writ petition seeking a writ of mandamus to treat employees working in the Canteen as regular employees. Chennai Port Trust v. Chennai Port Trust Industrial Employees Canteen Workers Welfare Association, AIR 2018 SC 2272 : 2018 (157) FLR 855 : 2018 LLR 612 : 2018 (3) LLJ 252 : JT 2018 (4) SC 487 : (2018) 6 SCC 202 C.A. No.1381 of 2010 27-04-2018

Labour Law - Superannuation - Age - Privileges. Paradeep Phosphates Ltd. v. State of Orissa, AIR 2018 SC 2108 : JT 2018 (4) SC 555 : 2018 (3) LLJ 274 : 2018 (6) Scale 338 : (2018) 6 SCC 195 C.A. No. 3997 of 2018 19-04-2018

Labour Law - Terminated from Service - Unauthorized Absence - workman expired - interest of justice would be subserved in case a reasonable compensation is awarded to the legal representatives of the deceased. Baburao Dadu Sankpal v. Kolhapur Zilla Sahakari Doodh Utpadak Sangh, Kolhapur, JT 2018 (2) SC 470 C.A. No. 1840 of 2018 12-02-2018

Labour Law - Voluntary Retirement Scheme - Rourkela Steel Plant - Scheme for Allotment of Quarters to Ex-employees. Steel Authority of India Ltd. v. Choudhary Tilotama Das, AIR 2018 SC 1001 : 2018 (158) FLR 604 JT 2018 (2) SC 282 : 2018 (2) SCALE 421 : (2018) 3 SCC 308 : 2018 (1) SCC (L&S) 484 : 2018 (3) Supreme 468 C.A. No. 1834 of 2018 12-02-2018

Land Acquisition - Acquisition proceedings do not lapse if the amount is deposited in the Treasury and such fact is made known to the claimants by the competent authority as required in law. Only interest is attracted, in case if the deposit is not made in Court. Indore Development Authority v. Shailendra, AIR 2018 SC 824 : 2018 (1) JLJR 387 : 2018 (1) PLJR 396 : 2018 (2) RCR (Civil) 455 : 2018 (2) Scale 1 : (2018) 3 SCC 412 : 2018 (2) SLT 146 C.A. No. 20982 of 2017 08-02-2018

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 - Compensation - all the connected matters have been remitted to the High Court - Therefore remit this matter also to the High Court. Harvinder Singh v. State of Haryana Collector C.A. No. 4282 of 2018 23-04-2018

Land Acquisition - Compensation - Fruit Trees were standing on the acquired land - Computation of. State of Punjab v. Thuru Ram, 2018 ALT (Rev) 31 : 2018 (125) CLT 923 : JT 2018 (1) SC 396 : 2018 (1) RCR (Civil) 724 : 2018 (1) Scale 377 : (2018) 2 SCC 639 : 2018 (1) Supreme 155 C.A. No. 488 of 2018 19-01-2018

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

Land Acquisition - Delay in Acquisition Procedure - Right of Dereservation - Procedure. Chhabildas v. State of Maharashtra, 2018 (2) All.M.R. 452 : 2018 (2) Bom.C.R. 599 : JT 2018 (2) SC 188 : 2018 (4) Mh.L.J. 550 : 2018 (3) MLJ 227 : 2018 (2) Scale 299 : (2018) 2 SCC 784 : 2018 (1) Supreme 629 C.A. No. 1607 of 2018 06-02-2018

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 - Enhancement of Compensation - Connected matters arising out of the common judgment have been remitted to the High Court. Accordingly, these appeals are disposed of remitting the matters to the High Court. Shanti Devi v. State of Haryana, 2018 (8) Scale 31 C.A. No. 3475 of 2018 02-04-2018

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 - fixation of compensation - open remand - It will be open to both the parties to adduce evidence and to take all available contentions before the Reference Court. Ali Akbar v. State of Kerala, C.A. No. 10786 of 2018 26-10-2018

Land Acquisition - fixation of land value. State of Punjab v. Puro Devi, C.A. No. 8431 of 2018 21-08-2018

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 - 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 - 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 the issues urged and record its findings one way or the other on every issue urged keeping in view the legal provisions applicable to the issues. Raghubir Singh v. State of Rajasthan, JT 2018 (10) SC 551 : 2018 (14) Scale 360 C.A. No. 10781 of 2018 26-10-2018

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 - It is the duty of the landowners and the State to adduce proper and sufficient evidence to enable the Courts to arrive at a reasonable and fair market rate of the acquired land prevalent on the date of acquisition. Surender Singh v. State of Haryana, AIR 2018 SC 1013 : 2018 ALT (Rev) 24 : JT 2018 (2) SC 112 : 2018 (3) MLJ 600 : 2018 (1) RCR (Civil) 900 : 2018 (1) Scale 551 : (2018) 3 SCC 278 : 2018 (1) SLT 708 : 2018 (2) Supreme 115 C.A. No. 885 of 2018 25-01-2018

Land Acquisition Act, 1894 - post notification instances cannot be taken into consideration for determining the compensation of the acquired land. Maya Devi v. State of Haryana, AIR 2018 SC 645 : 2018 (2) ALD 166 : JT 2018 (1) SC 495 : 2018 (1) MPWN 217 : 2018 (1) RCR (Civil) 870 : 2018 (1) Scale 501 : (2018) 2 SCC 474 : 2018 (1) Supreme 332 : 2018 (1) UC 608 C.A. No. 873 of 2018 25-01-2018

Land Acquisition Act, 1894 - Reference - Proper Application. Shahid Jamal v. State of U.P., (2018) 3 SCC 52 : 2018 (2) Scale 351 : 2018 (2) RCR (Civil) 29 : 2018 (1) UC 290 : 2018 ALT (Rev) 18 bit.ly/CA1349of2018 30-01-2018

Land Acquisition Act, 1894 - S. 4 - Compensation - Enhancement of - Connected matter has been disposed of by another Bench - This appeal also stands disposed of in terms of the above appeal, however denying the statutory benefits for the entire period covered by the delay before this Court and before the High Court. Devender Singh v. State of Haryana, 2018 (8) Scale 68 C.A. No. 4238 of 2018 20-04-2018

Land Acquisition Act, 1894 - S. 4 - Whether the landowners are entitled to claim additional abadi plot in lieu of their acquired land. Khatoon v. State of U.P., 2018 ALT (Rev) 36 : JT 2018 (2) SC 305 : 2018 (2) RCR (Civil) 164 : 2018 (3) Supreme 326 : 2018 (1) UPLBEC 340 C.A. No. 2127 of 2018 15-02-2018

Land Acquisition Act, 1894 - S. 4(1). Loveleen Kumar v. State of Haryana, 2018 (3) RCR (Civil) 127 : 2018 (7) Scale 596 C.A. No. 5261 of 2018 16-05-2018

Land Acquisition Act, 1894 - S. 4. Raj Kumar Gandhi v. Chandigarh Administration, 2018 (3) RCR (Civil) 56 : 2018 (7) Scale 313 C.A. No. 4265 of 2008 11-05-2018

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. 6(1). Raj Kumar v. State of Punjab, 2018 (9) Scale 488 C.A. No. 4764 of 2018 03-05-2018

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.28A - Re-determination of the amount of compensation on the basis of the award of the Court - Whether an application under Section 28A of the Act for redetermination of the compensation can be filed within a period of 3 months from the date of judgment of the High Court or Supreme Court passed in appeal under Section 54 of the Act - Held, if the State/authorities/claimants have approached the higher Courts for reduction/enhancement of quantum of compensation, as the case may be, the Collector, under Section 28A of the Act, shall wait till a decision is finally rendered and thereafter award the compensation as per the modified verdict of higher Courts. Ramsingbhai (Ramsangbhai) Jerambhai v. State of Gujarat, AIR 2018 SC 2629 : 2018 (3) RCR (Civil) 114 : 2018 (7) Scale 455 C.A. No. 4885 of 2018 24-04-2018

Land Acquisition Act, 1894 - S.4 - Grant of compensation based on capitalisation method. Bilquis v. State of Maharashtra, 2018 (7) Scale 422 : (2018) 7 SCC 530 C.A. No. 5008 of 2018 11-05-2018

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 - 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

Land Acquisition Act, 1894 - Ss. 4, 5A & 18 - Manimegalai v. Special Tehsildar (Land Acquisition Officer) Adi Dravidar Welfare, AIR 2018 SC 2020 : 2018 ALT (Rev) 145 : 2018 (5) Scale 705 : 2018 (4) Supreme 612 C.A. No. 2294 of 2011 16-04-2018

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 Acquisition Act, 1894 - Suit for declaration of title and permanent injunction - not challenged the legality of the notifications within a reasonable time - suppressed the fact of acquisition proceedings and filed two suits one after the other - Appeal dismissed. Y.P. Sudhanva Reddy v. Chairman and Managing Director Karnataka Milk Fedaration, AIR 2018 SC 2176 : 2018 (4) ALD 76 : JT 2018 (4) SC 394 : 2018 (6) Scale 411 : (2018) 6 SCC 574 : 2018 (4) Supreme 476 C.A. No. 4412 of 2018 25-04-2018

Land Acquisition Act, 1894 - the dispute in relation to non-award of interest can be raised by an aggrieved person only by taking recourse to Article 226 of the Constitution in writ petition - Reference under Section 18 or Section 28A(3) cannot be considered to be an alternative statutory remedy available to the landowner for getting the question of non-award of interest payable under Sections 28 or/and 34 of the Act decided by the Civil Court. Union of India v. Pushpavathi, AIR 2018 SC 1032 : 2018 ALT (Rev) 159 : 2018 (1) GLH 488 : JT 2018 (2) SC 166 : 2018 (4) MLJ 160 : 2018 (2) PLJR 197 : 2018 (1) RCR (Civil) 935 : 2018 (2) Scale 314 : (2018) 3 SCC 28 : 2018 (2) SLT 52 : 2018 (1) Supreme 461 C.A. No. 1622 of 2018 06-02-2018

Land Acquisition Act, 1984 - S. 28 - Compensation. Patni Hushenbhai Sidibhai Kotvalav. National Highways Authority of India, 2018 (3) RCR (Civil) 307 C.A. No. 5150 of 2018 14-05-2018

Land Development Authority - Price of Land - Return the Money with Interest. Mohini Dang v. State of U.P. C.A. No. 4988 of 2018 10-05-2018

Land Law - Agricultural Lands (Celling on Holdings) Act, 1961 (Maharashtra). Vishwasrao Stwarao Naik v. State of Maharashtra, 2018 ALT (Rev) 117 : 2018 (6) Scale 409 : (2018) 6 SCC 580 C.A. No. 2038 of 2009 25-04-2018

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 - Aquisition - Land value fixed by the High Court. State of Haryana v. Parveen Kumar, 2018 (8) Scale 630 C.A. No. 5545 of 2018 16-05-2018

Land Law - Direction of the High Court that the entry of possession cannot continue in favour of either of the parties is set aside - Matter is remanded to the Supervisor Qanoongo, who after hearing both the sides, shall decide as to who is in legal possession of the land in dispute and thereafter make relevant entry in the revenue records. Jagtar Singh v. State of Uttarakhand, AIR 2018 SC 761 : 2018 (4) ALJ 245 : 2018 ALT (Rev) 125 : JT 2018 (2) SC 91 : 2018 (1) Scale 671 : (2018) 2 SCC 647 : 2018 (1) Supreme 480 C.A. No. 1497 of 2018 02-02-2018

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

Land Law - Land Acquisition - Fixation of Land Value. State of Punjab v. Gurdev Singh, JT 2018 (2) SC 461 C.A. No. 1733 of 2018 07-02-2018

Land Law - Land Grabbing (Prohibition) Act, 1982 (Andhra Pradesh) - S. 8(1). M. Durga Singh v. Yadagiri, AIR 2018 SC 2104 : JT 2018 (4) SC 326 : 2018 (6) Scale 58 : (2018) 6 SCC 209 : 2018 (4) Supreme 660 C.A. No. 5645 of 2006 18-04-2018

Land Law - Land Reforms Act, 1961 (Mysore) - Ss. 14(1), (5) & 111 - Resumption of Land from Tenant - Compromise Decree - Procedure contemplated under S. 14(5) for taking possession under S. 14(5) was not complied with - Properly explained by landlord by drawing attention to compromise decree. Raghunath Prasad Pande v. State of Karnataka, AIR 2018 SC 3455 : 2018 ALT (Rev) 119 : (2018) 5 SCC 594 C.A. No. 3621 of 2018 06-04-2018

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 - Mumbai Metropolitan Region Development Authority Act, 1974 - Mumbai Metropolitan Region Development Authority (Disposal of Land) Regulations, 1977. S.V. Asgaonkar v. Mumbai Metropolitan Region Development Authority, AIR 2018 SC 2934 : 2018 (4) Bom.C.R. 151 : 2018 (4) MLJ 627 : 2018 (5) Scale 453 : 2018 (3) Supreme 560 C.A. No. 3488 of 2018 09-04-2018

Land Law - Nagpur Improvement Trust Land Disposal Rules, 1983 - the claim of plaintiff for allotment of additional land of 20.61 acres which can be at best said to be pending on the date of enforcement of Rules, 1983 would have been only dealt with in accordance with Rule 5 of Rules, 1983 and disregard of said Rules the trial court would not have decreed the suit directing the Trust to execute lease in favour of the plaintiff of 20.61 acres of land. The decree of the trial court was clearly in the teeth of the statutory Rules and the High Court committed error in taking the view that Rules, 1983 were not applicable in the present case. Nagpur Improvement Trust v. Sheela Ramchandra Tikhe, JT 2018 (11) SC 116 : 2018 (14) Scale 527 C.A. No. 10853 of 2018 31-10-2018

Land Law - The transactions entered into between the landholders and the concerned builders/private entities in the present case were not voluntary and were brought about by fraudulent influence. Certain ‘middlemen’ and builders enriched themselves at the expense of the landholders and public interest which was to be achieved by acquisition. The decisions dated 24.08.2007 and 29.01.2010 as well as entertaining of applications for grant of licence from those who had bought the lands after the acquisition was initiated, were not bona fide exercise of power by the State machinery. The exercise of power under the Act was guided by considerations extraneous to the provisions of the Act and as a matter of fact, was designed to enrich the builders/private entities. These decisions were nothing but fraud on power. Rameshwar v. State of Haryana, 2018 (128) ALR 286 : JT 2018 (3) SC 319 : 2018 (4) MLJ 551 : 2018 (2) RCR (Civil) 368 : 2018 (140) RD 119 : 2018 (4) Scale 270 : (2018) 6 SCC 215 C.A. No. 8788 of 2015 12-03-2018

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 - West Bengal Estate Acquisition Act, 1953 - S. 44 - Validity of - Necessary & Proper Parties. Ashim Ranjan Das v. Shibu Bodhak, AIR 2018 SC 1649 : 2018 (5) Scale 350 : (2018) 5 SCC 356 : 2018 (3) Supreme 503 C.A. No. 3932 of 2009 05-04-2018

Land Law - When a draft scheme is prepared or notice of allotment of land is issued, then if a person has any objection to the same, he must file his objection at that stage and if he does not file the same, he cannot be permitted to raise these objections at a later stage. Mahant Lalita Sharanji v. Deoki Devi, AIR 2018 SC 957 : 2018 (3) ALD 60 : 2018 (4) ALJ 249 : 2018 (3) MLJ 357 : 2018 (3) Scale 37 : 2018 (3) Supreme 479 C.A. No. 394 of 2009 16-02-2018

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

Land Reforms Act, 1961 (Karnataka) - Lands which belong to Government or University - Not within purview of the Act. University of Mysore v. Rajaiah, 2018 AllCJ 527 : AIR 2018 SC 1539 : 2018 (2) RCR (Civil) 582 : (2018) 5 SCC 684 : 2018 (5) SCALE 1 C.A. No. 170 of 2011 23-03-2018

Land Revenue Act, 1964 (Karnataka) - S. 158 - Arrears of Tax - Recovery of. Andanur Kalamma v. Gangamma, 2018 (128) ALR 335 : 2018 (4) MLJ 607 : 2018 (140) RD 222 : 2018 (3) Scale 653 C.A. No. 423 of 2018 06-03-2018

Largesse - How and in what manner the State should deal with its largesse at the time of its disposal amongst the citizens - Government, is not and should not be as free as an individual in selecting the recipients for its largesse - Whatever its activity, the Government is still the Government and will be subject to restraints, inherein in its position in a democratic society - A democratic Government cannot lay down arbitrary and capricious standards for the choice of persons with whom alone it will deal. Powari Panchsheel Co-op. Hng. Sty. v. Maharashtra Housing Area Development Authority (MHADA), JT 2018 (10) SC 433 : 2018 (14) Scale 60 C.A. No. 7608 of 200 12-10-2018

Legal Education - Common Law Admission Test (CLAT) 2018 - Loss of Time due to Inefficiency of Facilities - Normalization Formula - Examination need not be held afresh. Disha Panchal v. Union of India, AIR 2018 SC 2824 : JT 2018 (6) SC 69 : 2018 (8) Scale 15 W.P.(C) No. 551 of 2018 13-06-2018

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

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. 14 is intended to provide relief against bar of limitation in cases of where remedy is mistakenly taken recourse to or selection of a wrong forum. Mohinder Singh v. Paramjit Singh, 2018 (2) GLH 87 : 2018 (2) RCR (Civil) 745 : 2018 (5) Scale 201 : 2018 (5) SCC 698 C.A. No. 10222 of 2017 28-03-2018

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

Limitation Act, 1963 - S. 5 - Delay of 349 days in filing the appeal - Dismissed. Mohd. Sahid v. Raziya Khanam, AIR 2018 SC 4724 : 2018 (14) Scale 162 C.A. No. 10379 of 2018 10-10-2018

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

Lok Prahari v. Union of India, AIR 2018 SC 2077 : 2018 (2) JLJR 429 : 2018 (2) PLJR 469 : 2018 (5) Scale 748 C.A. No. 3798 of 2018 16-04-2018

Mahatma Gandhi Assassination Case - Reopening of long concluded matters based on hearsay evidence - Not maintainable. Dr. Pankaj Kumudchandra Phadnis v. Union of India, 2018 (2) Crimes 223 : JT 2018 (3) SC 601 : 2018 (5) Scale 171 : 2018 (3) Supreme 128 bit.ly/SLP8293of2018 28-03-2018

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Rights of the Elderly - Effective implementation of the provisions of the MWP Act. Dr. Ashwani Kumar v. Union of India and Ors. Ministry of Social Justice and Empowerment Secretary http://bit.ly/WPC193of2016 13-12-2018

Major Port Trust Act, 1963 - What are the principles which determine whether a Port Trust is entitled to recover its dues, from the steamer agent or the consignee. Chairman, Board of Trustees, C.P.T. v. Arebee Star Maritime Agencies, 2018 (360) ELT 3 : 2018 (3) Scale 685 : (2018) 4 SCC 592 : 2018 (2) Supreme 370 C.A. No. 2525 of 2018 07-03-2018

Maritime Law - A maritime claim against the charterer of a ship, who is not the de jure owner of the ship, and the endeavor to recover that amount through a restraint order against the ship owned by a third party is not maintainable. Sunil B. Naik v. Geowave Commander, AIR 2018 SC 2881 : 2018 (2) KLJ 32 : 2018 (2) KLT 610 : 2018 (4) Scale 352 : (2018) 5 SCC 505 : 2018 (2) Supreme 520 C.A. No. 2617 of 2018 09-03-2018

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 - 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

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 - Court records its appreciation for the painstaking and strenuous efforts taken by the mediator and for the cooperation extended by the counsel for the parties on either side and the counsel for the Bank for the grace shown for a reasonable settlement between the parties. Ramakanth V. v. Purnima, 2018 (2) JCC 1075 : 2018 (5) Scale 226 C.A. No. 2952 of 2018 19-03-2018

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 - Memorandum of Settlement - parties have arrived at a settlement - appeal is hence disposed of in terms of the Settlement. M. Kuppaswamy v. R. Vandana, 2018 (6) Scale 568 C.A. No. 3473 of 2018 02-04-2018

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

Mediation - The parties have been disputing on the share of their deceased mother. The dispute was on two Wills. contesting parties have entered into an amicable settlement. Madan Mohan v. Jawahar Lal (dead) Through Lrs., C.A. No. 10231 of 2018 05-10-2018

Medical Claims - Reimbursement of - Unfair Treatment - Procedure for Medical Reimbursement Claim (MRC) in Central Government Health Scheme (CGHS). Shiva Kant Jha v. Union of India, AIR 2018 SC 1975 : JT 2018 (4) SC 269 : 2018 (5) Scale 551 : 2018 (4) Supreme 201 W.P. (C) No. 694 of 2015 13-04-2018

Medical Council Act, 1956 - Imposing a condition of domicile for admission to MD, MS and Post-Graduate Diploma seats in State of Karnataka is invalid and unconstitutional. Dr. Kriti Lakhina v. State of Karnataka, AIR 2018 SC 1657 : JT 2018 (4) SC 59 : 2018 (3) KarLJ 353 : 2018 (5) Scale 329 : 2018 (3) Supreme 489 W.P. (C) No. 204 of 2018 04-04-2018

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 Council Act, 1956 - S.10A - deficiency of faculty members & Resident Doctors - did not recommend for renewal - Central Government, in its turn, observed that the deficiency found by the MCI was not compatible with the MCI guidelines. In such a situation, it is difficult to hold that there has been any perversity in the action of the authorities denying the renewal to the institution. IQ City Foundation v. Union of India, AIR 2018 SC 790 : 2018 (2) CTC 613 : JT 2018 (2) SC 145 : 2018 (3) MLJ 882 : 2018 (2) Scale 323 : (2018) 2 SCC 593 : 2018 (1) Supreme 666 W.P. (C) No. 502 of 2017 06-02-2018

Medical Council Act, 1956. Tamil Nadu Medical Officers Association v. Union of India, AIR 2018 SC 2127 : 2018 (4) All.M.R. 452 : 2018 (6) Scale 289 : 2018 (4) Supreme 442 W.P. (c) No. 196 of 2018 24-04-2018

Medical Education - Establishment of Medical College Regulation (Amendment), 2010 (Part II) - Reg. 8(3)(1)(a) - Large scale deficiencies found in the inspection report. Medical Council of India v. Vedantaa Institute of Academic Excellence, AIR 2018 SC 2642 : 2018 (4) Bom.C.R. 256 : JT 2018 (5) SC 443 : 2018 (5) MLJ 490 : 2018 (8) SCALE 9 C.A. No. 5805 of 2018 01-06-2018

Medical Education - In view of the deficiencies of faculty and of bed occupancy, the decision not to grant permission for admission in the year 2018­2019 was appropriate. Medical Council of India v. Chairman, S.R. Educational and Charitable Trust, JT 2018 (11) SC 62 : 2018 (14) Scale 614 C.A. No. 10372 of 2018 29-10-2018

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 - Postgraduate Medical Education (Amendment) Regulations, 2018. Rachit Sinha v. Union of India, AIR 2018 SC 2153 : 2018 (3) All.M.R. 940 : 2018 (6) Scale 616 W.P. (C) No. 357 of 2018 03-05-2018

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 Jurisprudence and Toxicology - Poison - Generally it is expected that the Doctor will preserve viscera for chemical analysis - prosecution has failed in its duty as no steps have been taken to preserve viscera - merely a statement by Doctor that viscera was not preserved as there is no presence of poison would not be suffice - medical evidence in the form of postmortem report though supports the case of prosecution, non-preservation of viscera by the Doctor remains fatal to the prosecution case. Dev Kanya Tiwari v. State of U.P., 2018 (2) ACR 1311 : AIR 2018 SC 1377 : 2018 (3) ALJ 733 : 2018 (2) Crimes 312 : 2018 CriLJ 1952 : 2018 (1) JKJ 153 : 2018 (2) MLJ (Cri) 243 : 2018 (4) Scale 330 : 2018 (2) SCC (Cri) 860 bit.ly/CrlA720of2016 12-03-2018

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 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

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

Medical Law - Post Graduate Medical Education Regulations, 2000 - Procedure for selection of candidate for Postgraduate courses - these writ petitions require consideration by a larger Bench. Tamil Nadu Medical Officers Association v. Union of India, 2018 (5) Scale 667 : 2018 (4) Supreme 234 W.P. (C) No. 196 of 2018 13-04-2018

Medical Negligence - It is not possible for every professional to possess the highest level of expertise or skills in that branch which he practices. Dr. S.K. Jhunjhunwala v. Dhanwanti Kumar, AIR 2018 SC 4625 : 2018 (5) CTC 564 : 2018 (3) JLJ 475 : JT 2018 (9) SC 435 : 2018 (4) RCR (Civil) 625 : 2018 (13) Scale 683 bit.ly/CA3971of2011 01-10-2018

Medical Practitioners Act, 1953 (Travancore-Cochin) - S.38 - The right to practice any profession or to carry on any occupation, trade or business is no doubt a fundamental right guaranteed under the Constitution. But that right is subject to any law relating to the professional or technical qualification necessary for practicing any profession or carrying on any occupation or trade or business. The regulatory measures on the exercise of this right both with regard to the standard of professional qualifications and professional conduct have been applied keeping in view not only the right of the medical practitioners but also the right to life and proper health care of persons who need medical care and treatment. Kerala Ayurveda Paramparya Vaidya Forum v. State of Kerala, AIR 2018 SC 1995 : 2018 (2) KLT 667 : 2018 (5) Scale 557 : (2018) 6 SCC 648 : 2018 (4) Supreme 594 C.A. No. 897 of 2009 13-04-2018

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

Mines and Minerals (Development and Regulations) Act, 1957 - S. 17A(2) - Request of a State Government for reservation of lands for government companies or corporations owned and controlled by the State Government - Role and Power of the Central Government. Geomysore Services (i) Pvt. Ltd. v. Hutti Goldmines Co. Ltd., AIR 2018 SC 2305 : JT 2018 (5) SC 158 : (2018) 6 SCC 791 : 2018 (7) Scale 43 C.A. No. 2537 of 2017 08-05-2018

Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 (Uttar Pradesh) - S. 4(3) - Natural resources, public lands and public goods like government bungalows/official residence are public property and “Doctrine of Equality” which emerges from concepts of justice, fairness must guide State in distribution/allocation of same. Lok Prahari through Its General Secretary v. State of Uttar Pradesh; AIR 2018 SC 2209 : JT 2018 (5) SC 1 : 2018 (7) SCALE 8 : (2018) 6 SCC 1 W.P. (C) No. 864 of 2016 07-05-2018

Mohammad Yusuf v. State of Haryana, AIR 2018 SC 2248 : 2018 (4) ALD 110 : 2018 (5) Scale 698 : 2018 (4) Supreme 647 C.A. No. 3807 of 2018 16-04-2018

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 - Contributory Negligence - the nature of proof required in cases concerning accident claims is qualitatively different from the one in criminal cases, which must be beyond any reasonable doubts. Archit Saini v. Oriental Insurance Company, 2018 (1) ACC 655 : 2018 ACJ 721 : AIR 2018 SC 1143 : 2018 (2) ALD 161 : 2018 (127) ALR 185 : 2018 (3) Bom.C.R. 420 : JT 2018 (1) SC 206 : (2018) 3 SCC 365 : 2018 (2) SCC (Cri) 69 : 2018 (2) SLT 4 : 2018 (3) Supreme 455 C.A. No. 7300 of 2016 09-02-2018

Motor Accident Claims - Enhancement of Compensation - appellant shall be entitled to interest @ 9% per annum on the entire amount of compensation granted by the High Court from the date of filing of the claim petition before the Tribunal. Sangeeta v. Krishan Kumar, JT 2018 (11 ) SC 454 C.A. No. 10167 of 2018 03-10-2018

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 - Loss of taxable earning should be reckoned for the purpose of determining just compensation. Vijay Kumar Rastogi v. Uttar Pradesh State Roadways Transport Corporation, 2018 (1) ACC 584 : 2018 ACJ 1029 : AIR 2018 SC 819 : 2018 (5) Bom.C.R. 383 : JT 2018 (3) SC 3 : 2018 (3) Scale 255 : 2018 (2) SLT 75 : 2018 (3) Supreme 460 C.A. No. 11011 of 2017 09-02-2018

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 Vehicle Accident - Contributory Negligence - No steps were taken by respondent(s) to implead parties related to vehicle which was parked on the road. Held, it was for Insurance company to take steps before the Tribunal to bring driver, owner and Insurance Company of the vehicle on party array. Oriental Insurance Co. Ltd. v. Usha Bhagchandani, 2018 (3) AWC 2401 : JT 2018 (3) SC 15 C.A. No. 1872 of 2018 13-02-2018

Motor Vehicles Act 1988 - the owner did not depose in evidence and stayed away from the witness box. He produced a licence which was found to be fake. Another licence which he sought to produce had already expired before the accident and was not renewed within the prescribed period. It was renewed well after two years had expired. The appellant as owner had evidently failed to take reasonable care since he could not have been unmindful of facts which were within his knowledge. Singh Ram v. Nirmala, 2018 (2) ACC 157 : 2018 ACJ 1264 : AIR 2018 SC 1290 : 2018 (4) ALD 46 : 2018 (2) CGLJ 94 : JT 2018 (3) SC 108 : 2018 (3) Scale 602 : (2018) 3 SCC 800 : 2018 (2) SLT 508 : 2018 (2) Supreme 418 C.A. No. 2103 of 2018 06-03-2018

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 - Compensation can be granted both on account of permanent disability as well as loss of future earnings, because one head relates to the impairment of the person’s capacity and the other to the sphere of pain and suffering on account of loss of enjoyment of life by the person himself. ICICI Lombard General Insurance v. Ajay Kumar Mohanty, 2018 (1) ACC 731 : 2018 ACJ 1020 : AIR 2018 SC 2740 : 2018 (128) ALR 230 : 2018 (2) CGLJ 180 : JT 2018 (3) SC 229 : 2018 (2) RCR (Civil) 305 : 2018 (2) RLW 950 : 2018 (3) Scale 620 : (2018) 3 SCC 686 : 2018 (2) SLT 451 : 2018 (2) Supreme 413 C.A. No. 7181 of 2015 06-03-2018

Motor Vehicles Act, 1988 - difference in compensation is just about 5% - Court normally does not interfere where variation in compensation is within permissible limits. New India Assurance v. Vinish Jain, 2018 (1) ACC 862 : 2018 ACJ 1004 : JT 2018 (2) SC 488 : 2018 (3) Scale 332 : (2018) 3 SCC 619 : 2018 (2) SCC(Cri) 79 : 2018 (2) Supreme 34 C.A. No. 2445 of 2018 23-02-2018

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 - Enhancement of Compensation - Loss of Dependency - Necessity to provide Future Prospects - Justified in insisting for grant of future prospects at the rate of 40% of the established income. Munusamy v. Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 2018 (1) ACC 565 : 2018 ACJ 740 : AIR 2018 SC 816 : 2018 (127) ALR 241 : JT 2018 (2) SC 225 : 2018 (4) Mh.L.J. 543 : 2018 (3) MPLJ 283 : 2018 (2) RCR (Civil) 31 : (2018) 2 SCC 765 : 2018 (1) SCC (Cri) 846 : 2018 (2) SLT 69 : 2018 (3) Supreme 449 C.A. No. 1754 of 2018 09-02-2018

Motor Vehicles Act, 1988 - false case was set up to support a claim for compensation - no merit in the appeals. Anil v. New India Assurance, 2018 ACJ 729 : 2018 AllCJ 507 : 2018 (3) ALD 47 : AIR 2018 SC 612 : 2018 (1) ALT 78 : JT 2018 (1) SC 419 : 2018 (1) MPWN 170 : 2018 (1) OLR 337 : 2018 (2) RCR (Civil) 837 : 2018 (1) Scale 389 : (2018) 2 SCC 482 : 2018 (1) SCC (Cri) 740 : 2018 (1) SLT 366 : 2018 (1) Supreme 135 : 2018 (1) UC 572 C.A. No. 3291 of 2011 19-01-2018

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 - Insurance Company can be fastened with the liability on the basis of a valid insurance policy only after the basic facts are pleaded and established by the owner of the offending vehicle - that the vehicle was not only duly insured but also that it was driven by an authorised person having a valid driving licence. Pappu v. Vinod Kumar Lamba, 2018 ACJ 690 : AIR 2018 SC 592 : 2018 AllCJ 559 : 2018 (3) ALD 49 : 2018 (3) ALJ 139 : 2018 (2) CTC 232 : 2018 (1) JLJR 359 : JT 2018 (1) SC 425 : 2018 (2) RCR (Civil) 42 : 2018 (1) Scale 402 : (2018) 3 SCC 208 : 2018 (2) SCC (Cri) 1 : 2018 (1) SLT 359 : 2018 (1) Supreme 137 C.A. No. 20962 of 2017 19-01-2018

Motor Vehicles Act, 1988 - Measure of compensation must reflect a genuine attempt of the law to restore the dignity of the being. Jagdish v. Mohan, 2018 (1) ACC 720 : 2018 ACJ 1011 : AIR 2018 SC 1347 : 2018 (3) ALD 55 : 2018 (128) ALR 226 : 2018 (2) AWC 2148 : JT 2018 (3) SC 112 : 2018 (2) RCR (Civil) 308 : 2018 (3) Scale 615 : (2018) 4 SCC 571 : 2018 (2) SLT 439 : 2018 (2) Supreme 388 C.A. No. 2217 of 2018 06-03-2018

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 - Multiplier should depend on the age of the deceased and not on the age of the dependents. Sube Singh v. Shyam Singh, 2018 (1) ACC 571 : 2018 ACJ 737 : AIR 2018 SC 1195 : 2018 (4) ALD 25 : 2018 (127) ALR 316 : 2018 (2) Bom.C.R. 674 : JT 2018 (2) SC 204 : 2018 (2) MPJR 4 : 2018 (1) OLR 813 : 2018 (2) RCR (Civil) 131 : 2018 (1) RLW 630 : 2018 (2) SCALE 385 : (2018) 3 SCC 18 : 2018 (1) SCC (Cri) 672 : 2018 (2) SLT 80 : 2018 (3) Supreme 453 C.A. No. 7176 of 2015 09-02-2018

Motor Vehicles Act, 1988 - No separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class. Jagdish Kumar Sood v. United India Insurance, 2018 (1) ACC 875 : 2018 ACJ 1018 : AIR 2018 SC 2906 : JT 2018 (3) SC 111 : 2018 (2) RCR (Civil) 358 : 2018 (3) Scale 609 : (2018) 3 SCC 697 : 2018 (2) SLT 491 : 2018 (2) Supreme 440 C.A. No. 240 of 2017 06-03-2018

Motor Vehicles Act, 1988 - S. 104 - Restriction on grant of permits in respect of a notified area or notified route. Kerala State Road Transport Corporation v. Baby P.P., AIR 2018 SC 2909 : 2018 (2) KLJ 888 : 2018 (2) KLT 974 : 2018 (3) RCR (Civil) 12 : 2018 (7) Scale 531 C.A. No. 5257 of 2018 16-05-2018

Motor Vehicles Act, 1988 - S. 14 - Currency of licences to drive motor vehicles - In terms of sub-clause (ii) of clause (b) of sub-section (2) of Section 14 of the said Act, once a person attains the age of 50 years, the license is renewed for a period of five years from the date of such issue or renewal. Compaq International v. Bajaj Allianz General, 2018 (2) ACC 294 : 2018 ACJ 1259 : 2018 (3) ALD 15 : JT 2018 (3) SC 579 : 2018 (2) RCR (Civil) 721 : 2018 (5) Scale 46 : (2018) 6 SCC 342 C.A. No. 2538 of 2018 27-03-2018

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 - Permit. Amrit Paul Singh v. Tata AIG General Insurance Co. Ltd., AIR 2018 SC 2662 : 2018 (3) RCR (Civil) 131 bit.ly/ca2253of2018 17-05-2018

Motor Vehicles Act, 1988 - S. 166 - Rash and Negligent Driving - Collision of car into rear end of truck resulting in death of one of the passengers in car - Plea of Contributory Negligence on part of truck driver - Rejected. Nishan Singh v. Oriental Insurance, AIR 2018 SC 2118 : 2018 (4) All.M.R. 447 : 2018 (2) JKJ 37 : 2018 (2) RCR (Civil) 891 : (2018) 6 SCC 765 C.A. No. 10145 of 2016 27-04-2018

Motor Vehicles Act, 1988 - S. 166 - Sureshchandra Bagmal Doshi v. New India Assurance, 2018 (3) ACC 107 : 2018 ACJ 1434 : AIR 2018 SC 2088 : 2018 (3) Bom.C.R. 862 : JT 2018 (4) SC 391 : 2018 (2) RCR (Civil) 841 : 2018 (5) Scale 759 C.A. No. 5206 of 2016 18-04-2018

Motor Vehicles Act, 1988 - S. 166 & 168 - Income towards Future Prospects - entitled to additional compensation of 25%. Bhartiben Nayabha Ker v. Sidabha Pethabha Manke, 2018 (2) ACC 634 : 2018 ACJ 1696 : AIR 2018 SC 2728 : 2018 (3) All.M.R. 959 : 2018 (128) ALR 708 : JT 2018 (4) SC 69 : 2018 (5) Scale 345 : (2018) 5 SCC 716 : 2018 (2) SCC (Cri) 843 C.A. No. 2697 of 2018 05-04-2018

Motor Vehicles Act, 1988 - S. 168 - Whether the amounts received by the deceased by way of provident fund, pension, life insurance policies and similarly, in cash, bank balance, shares, fixed deposits etc., are ‘pecuniary advantages’ received by the heirs on account of death of the deceased and liable to be deducted from the compensation. Sebastiani Lakra v. National Insurance, AIR 2018 SC 5034 : JT 2018 (10) SC 318 : 2018 (14) Scale 20 C.A. No. 10588 of 2018 12-10-2018

Motor Vehicles Act, 1988 - S. 2(30) - It is the person in whose name the motor vehicle stands registered i.e. the person whose name is reflected in the records of the registering authority would be treated as the ‘owner’. However, where a person is a minor, the guardian of the minor would be treated as the owner. Where a motor vehicle is subject to an agreement of hire purchase, lease or hypothecation, the person in possession of the vehicle under that agreement is treated as the owner. Naveen Kumar v. Vijay Kumar, 2018 (1) ACC 549 : 2018 ACJ 677 : AIR 2018 SC 983 : 2018 (4) ALD 51 : 2018 (127) ALR 251 : 2018 (2) AWC 1607 : 2018 (2) Bom.C.R. 647 : 2018 (1) CGLJ 439 : 2018 (2) CTC 91 : 2018 (1) GLH 465 : JT 2018 (2) SC 136 : 2018 (1) KLJ 827 : 2018 (2) MPJR 41 : 2018 (2) PLJR 94 : 2018 (2) RCR (Civil) 74 : 2018 (2) Scale 263 : (2018) 3 SCC 1 : 2018 (1) SCC (Cri) 661 : 2018 (2) SLT 44 : 2018 (1) WLN 73 : 2018 (1) UC 648 C.A. No. 1427 of 2018 06-02-2018

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.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

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

Motor Vehicles Act, 1988 - Ss. 140 & 166 - the view taken by the Tribunal was not only a possible view but also in conformity with the scale to be applied for appreciation of evidence in motor accident cases namely preponderance of probabilities. Mohar Sai v. Gayatri Devi, 2018 (2) JKJ 28 : 2018 (2) RCR (Civil) 895 C.A. No. 8411 of 2015 27-04-2018

Motor Vehicles Act, 1988 - Ss. 149 & 166 - Insurance Company is liable to satisfy judgments and awards in respect of third party risks - Principle of pay and recover applies even in absence of liability to pay compensation. Shivawwa v. National India Insurance, 2018 (2) ACC 617 : 2018 ACJ 1288 : AIR 2018 SC 1640 : 2018 (129) ALR 318 : 2018 (4) Bom.C.R. 314 : JT 2018 (3) SC 584 : 2018 (2) RCR (Civil) 736 : 2018 (2) Scale 192 : (2018) 5 SCC 762 : 2018 (2) SCC (Cri) 882 C.A. No. 2247 of 2018 28-03-2018

Motor Vehicles Act, 1988 - Ss. 166 - A strict proof of an accident caused by a particular vehicle in a particular manner may not be possible - Claimants are merely required to establish their case on the touchstone of preponderance of probability. Mangla Ram v. Oriental Insurance, 2018 (2) ACC 118 : 2018 ACJ 1300 : AIR 2018 SC 1900 : 2018 (4) Bom.C.R. 79 : JT 2018 (4) SC 114 : 2018 (5) Scale 363 : (2018) 5 SCC 656 : 2018 (2) SCC (Cri) 819 bit.ly/CA2499of2018 06-04-2018

Motor Vehicles Act, 1988 - Ss. 166 & 168 - Computation of Income - Student; Nagar Mal v. Oriental Insurance, 2018 (1) ACC 314 : 2018 ACJ 971 : AIR 2018 SC 568 : 2018 (3) ALD 45 : JT 2018 (1) SC 421 : 2018 (2) MPWN 27 : 2018 (1) Scale 391 : (2018) 3 SCC 130 : 2018 (1) SCC (Cri) 695 : 2018 (1) SLT 347 : 2018 (1) Supreme 133 bit.ly/CA448of2018 19-01-2018

Motor Vehicles Act, 1988 - Ss. 166 & 168 - Fatal Accident - Compensation - Future prospects - business of cable networks - calculation of annual income based on income tax returns - for deceased who was self-employed, future prospects cannot be denied and since deceased was 42 yrs of age, an addition of 25% on ground of future prospects would be warranted instead of 30% computed by Tribunal. Reliance General Insurance v. Shalu Sharma, 2018 ACJ 727 : 2018 (1) ACC 714 : AIR 2018 SC 712 : 2018 (2) ALD 130 : JT 2018 (2) SC 92 : 2018 (2) RCR (Civil) 118 : 2018 (1) RLW 495 : 2018 (1) Scale 669 : (2018) 2 SCC 753 : 2018 (1) SCC(Cri) 843 : 2018 (2) SLT 82 : 2018 (1) Supreme 469 C.A. No. 767 of 2018 02-02-2018

Motor Vehicles Act, 1988 - Ss. 166 & 168 - Multiplier - Age of deceased - the deceased at the relevant time was 29 years of age; that he had completed his B.Ed - the correct multiplier to be applied in the present case would be 17 having regard to the age of the deceased - Ramrao Lala Borse v. New India Assurance, 2018 ACJ 973 : AIR 2018 SC 657 : 2018 (2) ALD 128 : 2018 AllCJ 567 : 2018 (2) All.M.R. 401 : JT 2018 (1) SC 423 : 2018 (1) MPWN 145 : 2018 (2) RCR (Civil) 775 : 2018 (1) Scale 410 : (2018) 3 SCC 204 : 2018 (2) SCC (Cri) 21 : 2018 (1) SLT 368 : 2018 (1) Supreme 131 : 2018 (1) UC 613 C.A. No. 418 of 2018 19-01-2018

Motor Vehicles Act, 1988 - Ss. 2 (8), 39, 43 - Central Motor Vehicle Rules, 1989 - R. 33 - Motor Vehicles Taxation Act, 1994 (Bihar) - Ss. 5, 6, 7, 23 - Motor Vehicle Rules, 1992 (Bihar) - R.4 - levy of tax - Tax payable by a manufacturer or a dealer - Payment of tax - definition of ‘dealer’ - Liability to pay penalty for non-payment of tax in time - Due date of payment and penalty for non-payment of taxes in time. M/s Tata Motors Ltd. v. State of Jharkhand Department of Transport through the Transport Commissioner, C.A. No. 5299 - 5304 of 2003 14-12-2018

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

Motor Vehicles Act, 1988 - Total Permanent Disability & Functional Disability - How to Assess. S. Thangaraj v. National Insurance, 2018 ACJ 1009 : AIR 2018 SC 1439 : 2018 (128) ALR 221 : JT 2018 (3) SC 136 : 2018 (3) RCR (Civil) 400 : 2018 (3) Scale 606 : (2018) 3 SCC 605 : 2018 (2) SCC (Cri) 76 : 2018 (2) SLT 515 : 2018 (2) Supreme 442 C.A. No. 3152 of 2017 06-03-2018

Motor Vehicles Rules, 1994 (Madhya Pradesh) - Rr. 63, 64 & 65 - Decision regarding modification of time schedule of vehicle route - Normal rule of decision by majority should be followed as no exception is provided in statute. State of Madhya Pradesh v. Mahendra Gupta, 2018 (2) ACC 175 : 2018 (1) JLJ 321 : JT 2018 (2) SC 177 : 2018 (3) MLJ 618 : 2018 (2) Scale 199 : (2018) 3 SCC 635 : 2018 (1) Supreme 674 C.A. No. 1562 of 2018 08-02-2018

Multimodal Transportation of Goods Act, 1993 - S.26 - Whether the present Bill of Lading is governed by the provisions of the Act or not would not make any difference to the position that an arbitration clause forms part of an agreement between the parties, and would, therefore, be governed by Section 7 of the Arbitration Act. M/s Caravel Shipping Services Pvt. Ltd. v. M/s Premier Sea Foods Exim Pvt. Ltd., 2018 (14) Scale 743 C.A. No. 10800 of 2010 29-10-2018

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

Municipal Taxes - External Development Charges - Liability to pay the same is on house construction society, colonisers or individual persons - Central Government entities who were allotted plots and constructed dwelling units for stay of their employees as distinguished from sale or letting out on rent are not liable to pay said charges. Municipal Council v. National Fertilizer, AIR 2018 SC 1192 : (2018) 3 SCC 200 : JT 2018 (3) SC 43 : 2018 (2) Scale 260 : 2018 (3) MLJ 215 C.A. No. 2511 of 2011 30-01-2018

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 - It is imperative that the law the Court should follow for awarding conviction under the provisions of N.D.P.S. Act is “stringent the punishment stricter the proof.” In such cases, the prosecution evidence has to be examined very zealously so as to exclude every chance of false implication. State of Himachal Pradesh v. Trilok Chand, AIR 2018 SC 609 : 2018 (1) ALD (Cri) 579 : 2018 (1) ALT (Cri) 280 : 2018 (2) Bom.C.R.(Cri.) 531 : 2018 (1) Crimes 79 : 2018 (1) JCC (Narcotics) 15 : 2018 (1) JKJ 138 : JT 2018 (1) SC 478 : 2018 (2) RCR (Criminal) 641 : 2018 (1) Scale 458 : (2018) 2 SCC 342 : 2018 (1) SCC (Cri) 714 : 2018 (1) Supreme 326 Crl.A. No. 2133 of 2011 17-01-2018

Narcotic Drugs and Psychotropic Substances Act, 1985 - S. 50 - It is Mandatory to prove Search & Recovery in the Presence of a Magistrate or a Gazetted Officer. Arif Khan @ Agha Khan v. State of Uttarakhand, AIR 2018 SC 2123 : 2018 (2) ALD (Cri) 10 : 2018 (2) Bom.C.R. (Cri.) 813 : 2018 (2) JKJ 43 : JT 2018 (4) SC 532 : 2018 (2) KLT SN 57 (C. No. 67) : 2018 (2) MPWN 193 : 2018 (2) RCR (Criminal) 931 : 2018 (6) SCALE 456 bit.ly/CrlA273of2007 27-04-2018

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 & Seizure - alleged recovery of contraband from suitcase - the statements of the independent panch witnesses depict a different picture than the one portrayed by the official witness - not proved beyond reasonable doubt - reversal of conviction by High Court was confirmed. Union of India v. Leen Martin, AIR 2018 SC 991 : 2018 (103) AllCC 649 : 2018 (1) ALT (Cri) 394 : 2018 All.M.R.(Cri.) 1361 : 2018 (1) Crimes 128 : 2018 (2) JCC 102 : 2018 (3) JKJ 181 : 2018 (2) MLJ(Cri) 469 : 2018 (2) RCR (Criminal) 122 : (2018) 4 SCC 490 : 2018 (2) Supreme 505 : 2018 (1) UC 469 Crl.A. No. 2150 of 2011 01-02-2018

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

Narcotic Drugs and Psychotropic Substances Act, 1985 - Ss. 21 & 22 - Drugs and Cosmetics Act, 1940 - the N.D.P.S Act, should not be read in exclusion to Drugs and Cosmetics Act, 1940. State of Punjab v. Rakesh Kumar, Crl.A. No. 1512 of 2018 03-12-2018

Narcotics Drugs and Psychotropic substances Act, 1985 - Quantity involved in this case is only 14 Kgs. of Ganja, which is a non-commercial quantity - the appellant is not involved in any other case - the appellant should be released on bail, pending trial.. Birbal Prasad v. State of Bihar, 2018 All.M.R. (Cri.) 2293 : 2018 (2) RCR (Criminal) 121 : (2018) 11 SCC 488 : JT 2018 (3) SC 64 : 2018 (1) Scale 642 Crl.A. No. 175 of 2018 25-01-2018

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 Anthem - Playing of the National Anthem prior to the screening of feature films in cinema halls is not mandatory, but optional or directory. Shyam Narayan Chouksey v. Union of India, 2018 (2) ABR 446 : AIR 2018 SC 357 : 2018 (4) All.M.R. 478 : 2018 (1) GLH 172 : 2018 (1) JLJR 224 : JT 2018 (1) SC 197 : 2018 (1) KLT 444 : 2018 (1) PLJR 379 : 2018 (1) Scale 197 : (2018) 2 SCC 574 : 2018 (1) Supreme 291 W.P. (C) No. 855 of 2016 09-01-2018

National Commission for Minority Educational Institutions Act, 2004 - Powers of NCMEI to issue minority status certificate - Scope of. Sisters of St. Joseph of Cluny v. State of Bengal State of West Bengal, AIR 2018 SC 2183 : JT 2018 (4) SC 331 : 2018 (2) KLT 521 : 2018 (6) Scale 63 : (2018) 6 SCC 772 : 2018 (4) Supreme 667 C.A. No. 3945 of 2018 18-04-2018

National Litigation Policy - Frivolous Litigation - Union of India shall be more responsible and finalize formulation of fresh National Litigation Policy. To say the least, this is an extremely unfortunate situation of unnecessary and avoidable burdening of this Court through frivolous litigation which calls for yet another reminder through the imposition of costs on the Union of India while dismissing this appeal. We hope that someday some sense, if not better sense, will prevail on the Union of India with regard to the formulation of a realistic and meaningful National Litigation Policy and what it calls ‘ease of doing business’, which can, if faithfully implemented benefit litigants across the country. Union of India v. Pirthwi Singh, JT 2018 (4) SC 404 : 2018 (6) Scale 395 : 2018 (4) Supreme 327 C.A. No. 4415 of 2018 24-04-2018 http://bit.ly/2rl9iLa

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

Natural Justice - Principle of - No order can be passed by any Court in any judicial proceedings against any party to such proceedings without hearing and giving such party an opportunity of hearing. Johra v. State of Haryana, C.A. No. 11757 of 2018 03-12-2018

Navy (Pension) Regulations, 1964 - Ex-Navy Direct Entry Artificers are entitled to special pension instead of reservist pension. Ex Navy Direct Entry Artificers Assn. v. Union of India, AIR 2018 SC 2340 : (2018) 7 SCC 386 : JT 2018 (5) SC 38 : 2018 (7) SCALE 73 C.A. No. 6785 of 2014 08-05-2018

NEET - All India Quota. Dr. Rachit Sinha v. Union of India, 2018 (7) Scale 322 M.A. No. 2018 11-05-2018

Negotiable Instruments Act, 1881 - S.138 - accused shall pay an additional compensation amount of Rs.1,00,000/ to the complainant in lieu of simple imprisonment for 3 months. P. Ramadas v. State of Kerala, 2018 (1) ALD (Cri) 577 : 2018 (103) AllCC 617 : 2018 (1) ALT (Cri) 403 : 2018 (2) Bom.C.R.(Cri.) 433 : 2018 (1) Crimes 143 : JT 2018 (2) SC 412 : 2018 (2) RCR (Criminal) 529 : 2018 (3) Scale 62 : (2018) 3 SCC 287 : 2018 (2) SCC(Cri) 47 : 2018 (1) Supreme 756 : 2018 (1) UC 456 Crl.A. No. 271 of 2018 19-02-2018

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 - Criminal P.C. 1973 - S.401 - High Court' s Powers of revisions - Revision against Conviction - Condition of deposit of 1/4th of the cheque amount - Senior Citizen - High Court to dispose of the Revision Petition expeditiously preferably within six months - the interim direction issued by the High Court for deposit of 1/4th of the cheque amount is vacated. M.V. Amreeth v. K. Venkata Krishna, 2018 (3) RCR (Criminal) 293 : 2018 (8) Scale 629 : (2018) 8 SCC 118 Crl.A. No. 747 of 2018 15-05-2018

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

Ownership - Burden of Proof - Charitable and Hindu Religious Institutions and Endowments Act 1966 (A.P.) - S.93(2) - Burden to prove ownership over the suit property is on the plaintiff - Plaintiffs failed to discharge their burden of proof by being unable to furnish necessary documentary and oral evidence to prove their claim - High Court decreed the suit in favour of the  plaintiffs by solely relying on the entry made in the book of endowments department stating the boundaries of the temple - the aforesaid judgment of the High Court is untenable in law as it is based on erroneous appreciation of evidence. Chairman, Board of Trustee, Sri Ram Mandir Jagtial Karimnagar District, A.P v. S. Rajyalaxmi (Dead) & Ors. http://bit.ly/CA7843of2009 10-12-2018

Package Deal Properties (Disposal) Act, 1976 (Punjab) - S. 16 - Bar of jurisdiction and finality of orders - Every order made by any officer or authority under the said Act is final and no Civil Court shall have jurisdiction to entertain any suit or proceeding and no injunction shall be granted by any court or other authority in respect of any action taken under provisions of the Act. Gopal Singh (Dead) by LRs. v. Swaran Singh C.A. No. 11930 of 2018 07-12-2018

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

Panchayats & Municipalities - Maharashtra Village Panchayats Act, 1959 - S. 35 - Motion of no confidence - what shall be two­third majority for holding the no­confidence motion to be passed in the Panchayat. Ganesh Sukhdeo Gurule v. Tahsildar Sinnar, C.A. No. 11916 of 2018 10-12-2018

Panchayats & Municipalities - No-confidence motion: No-confidence motion against Pramukh of Kshettra Panchayat, is valid when it is signed by more than 50% of members. Ram Pal Singh v. State of Uttar Pradesh, AIR 2018 SC 2773 : 2018 (5) ALJ 116 : 2018 (128) ALR 770 : 2018 (3) AWC 3106 : 2018 (140) RD 548 : 2018 (6) Scale 379 : (2018) 6 SCC 692 : 2018 (2) UPLBEC 1141 S.L.P. (C) No. 31990 of 2017 24-04-2018

Partition - Absolute owner cannot purport to transfer his absolute interest vide “partition”. Theiry Santhanamal v. Viswanathan, 2018 AllCJ 635 : AIR 2018 SC 556 : 2018 (3) ALD 32 : 2018 (128) ALR 760 : JT 2018 (1) SC 466 : 2018 (2) RCR (Civil) 55 : 2018 (1) Scale 366 : (2018) 3 SCC 117 : 2018 (1) SLT 659 : 2018 (1) Supreme 452 C.A. No. 3227 of 2006 18-01-2018

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

Partition - Preliminary Decree - Where any party aggrieved by a preliminary decree passed, does not appeal from such decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree. Selvi v. Gopalakrishnan Nair, 2018 (4) MLJ 762 : 2018 (7) SCALE 385 : (2018) 7 SCC 319 bit.ly/CA21834of2017 15-05-2018

Partition - Settlement - directs the Trial Court to dispose of the Suit pending before it, in terms of the Memorandum of Settlement. C. Baby v. C. Kuppusamy, JT 2018 (11) SC 316 03-10-2018

Partition - Settlement - properties divided in terms of the sketch - the two Wills will stand superseded. This decree will be the source of title to the properties of the respective sharers. The trial court is directed to send a copy of this decree to the Sub-Registrar concerned for the purpose of entry in the official records of the Sub-Registrar. Vasudevan Embranthiri @ Vasudeva Rao (dead) By Lrs. v. Gopalakrishnan (dead) By Lrs., C.A. No. 1809 of 2006 25-10-2018

Partition - Sketch Map - It is not possible to give effect to the partition decree without a sketch map of the suit schedule property. At the time of passing the judgment and decree, the trial court should have made the said map as a part of the decree so that the partition could have been effected as per the said sketch. No party should be allowed to suffer for the error of the court. In the circumstances, the trial court has rightly made the plan a part of the decree for effecting partition. The High Court was not justified in setting aside the said order. Subhash Chandra Sen v. Nabin Sain, 2018 (3) ALT 48 : 2018 (2) RCR (Civil) 849 : 2018 (6) Scale 376 : (2018) 6 SCC 443 : 2018 (4) Supreme 419 C.A. No. 3120 of 2009 19-04-2018

Partition - there is a small error which needs to be corrected. The addition of 1/24 share of Defendant No.1 and 1/4th share of Defendant No.2 would aggregate to 7/24 and not 5/24. Except for this correction, the judgments under appeal do not call for any interference by this Court. A. Dharmalingam v. V. Lalithambal, AIR 2018 SC 2733 : 2018 (3) ALT 46 : 2018 (6) Scale 454 : (2018) 6 SCC 65 : 2018 (4) Supreme 496 C.A. No. 5534 of 2007 27-04-2018

Partition Act, 1883 - Ancestral Property - Meaning of. Mangamal @ Thulasi v. T.B. Raju, JT 2018 SC 544 : 2018 (4) KarLJ 381 : 2018 (2) KLT SN 58 (C.No.69) : 2018 (2) RCR (Civil) 944 : 2018 (6) Scale 331 C.A. No. 1933 of 2009 19-04-2018

Payment of Gratuity Act, 1972 - It being a welfare legislation meant for the benefit of the employees, who serve their employer for a long time, it is the duty of the State to voluntarily pay the gratuity amount to the appellant rather than to force the employee to approach the Court to get his genuine claim. Netram Sahu v. State of Chhattisgarh, AIR 2018 SC 1545 : 2018 (3) ALD 131 : 2018 (157) FLR 477 : JT 2018 (3) SC 549 : 2018 LLR 461 : 2018 (3) RLW 2407 : 2018 (5) Scale 19 : (2018) 5 SCC 430 : 2018 (2) SCC (L&S) 65 C.A. No. 1254 of 2018 23-03-2018

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 - Exception 4 to Section 300 IPC. Gurwinder Singh @ Sonu v. State of Punjab, AIR 2018 SC 2277 : 2018 (3) Bom.C.R.(Cri.) 57 : 2018 CriLJ 2974 : 2018 (2) JKJ 162 : JT 2018 (5) SC 30 : 2018 (2) MPWN 148 : 2018 (2) RCR (Criminal) 980 : 2018 (4) SLT 73 Crl.A. No. 2301 of 2014 08-05-2018

Penal Code, 1860 - Ingredients and applicability of Exception 4 to S. 300. Manoj Kumar v. State of H.P., AIR 2018 SC 2693 : 2018 (2) JKJ 80 : JT 2018 (6) SC 107 : 2018 (7) SCALE 434 : (2018) 7 SCC 327 Crl.A. No. 795 of 2011 15-05-2018

Penal Code, 1860 - Injuries inflicted clearly show that the intention of the appellants in inflicting the fatal injury. Upon consideration of the evidence of the eye witnesses and the nature of injuries, the Trial Court as well as the High Court recorded concurrent findings that the accused are liable to the convicted under Section 302 IPC. Pappu @ Hans Raj v. State of Punjab, 2018 (4) Crimes 97 : JT 2018 (10) SC 363 Crl.A. No. 1349 of 2015 03-10-2018

Penal Code, 1860 - Right to Private Defence - absence of good faith in exercise of right of private defence - causing disproportionate harm and exceeding right to private defence is amply clear. In cases of disproportionate harm leading to death of the aggressor, sentence under Section 304 Part I is the appropriate sentence. Jangir Singh v. State of Punjab, 2018 (15) SCALE 88 Crl.A. No. 2499 of 2009 31-10-2018

Penal Code, 1860 - S. 201 - Causing disappearance of evidence of offence, or giving false information to screen offender - a charge under Section 201 of the IPC can be independently laid and conviction maintained also, in case the prosecution is able to establish that an offence had been committed, the person charged with the offence had the knowledge or the reason to believe that the offence had been committed, the said person has caused disappearance of evidence and such act of disappearance has been done with the intention of screening the offender from legal punishment. Mere suspicion is not sufficient, it must be proved that the accused knew or had a reason to believe that the offence has been committed and yet he caused the evidence to disappear so as to screen the offender. The offender may be either himself or any other person. Dinesh Kumar Kalidas Patel v. State of Gujarat, 2018 (103) AllCC 597 : 2018 (1) ALD (Cri) 568 : 2018 (2) ALT(Cri) 297 : AIR 2018 SC 951 : 2018 (2) Bom.C.R. (Cri.) 319 : 2018 (2) Crimes 295 : 2018 (1) DMC 812 : 2018 (2) GujLR 1656 : 2018 (2) JCC 1054 : 2018 (2) JLJR 288 : JT 2018 (2) SC 268 : 2018 (1) OLR 766 : 2018 (2) PLJR 297 : 2018 (2) SCALE 425 : (2018) 3 SCC 313 : 2018 (2) SCC(Cri) 55 : 2018 (2) SLT 63 : 2018 (3) Supreme 472 Crl.A. No. 265 of 2018 12-02-2018

Penal Code, 1860 - S. 302 - Charge of killing his own father - Sentenced to life imprisonment - Conduct of the appellant in absconding till he was arrested, and abstaining during the funeral rites of his father, was completely contrary to normal human conduct, and is therefore considered an additional incriminating factor against the appellant. Basavaraj @ Basavannappa Parmeshwar Bangargir v. State of Maharashtra, JT 2018 (9) SC 427 : 2018 (13) Scale 581 Crl.A. No. 114 of 2012 01-10-2018

Penal Code, 1860 - S. 302 - in case the appellants have completed 14 years in jail, including the remission, subject to their jail conduct being satisfactory, they shall be released on bail, subject to such conditions as may be imposed by the trial court, pending a final decision for premature release. Mehboob v. State of Maharashtra, 2018 (4) Crimes 119 : JT 2018 (10) SC 303 : 2018 (14) Scale 476 Crl.A. No. 277 of 2016 11-10-2018

Penal Code, 1860 - S. 302 - Life Imprisonment - exchange of hot words - inflicted injuries with wooden rod of the axe - inflicted four to five injuries - no premeditation or intention of committing the murder - conviction under Section 302 I.P.C. is modified to Section 304 Part-I I.P.C. and the sentence awarded is reduced to the period already undergone. Subhash Gangadhar Jadhav v. State of Maharashtra, Crl.A. No. 1576 of 2018 07-12-2018

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. 302 - victim is the real brother of the appellant - it is a case of a quarrel between two brothers and having regard to the fact that the appellant has, in any case, spent around 20 years of actual imprisonment, we direct the State to consider and take a decision on the premature release of the appellant. Suganlal v. State of Madhya Pradesh, 2018 (4) Crimes 119 Crl.A. No. 1059 of 2011 10-10-2018

Penal Code, 1860 - S. 302 - victim is the real brother of the appellant - appellant has already served around 11 years in jail - direct the respondent/State, having regard to the peculiar factual circumstances available in this case, to consider the case of the appellant for premature release on completion of total sentence of 14 years including remission, as a special case. Raja v. State of Maharashtra, 2018 (4) Crimes 118 : JT 2018 (11 ) SC 297 Crl.A. No. 1419 of 2011 10-10-2018

Penal Code, 1860 - S. 302 &148 - Bombay Police Act - 135(1). Vinubhai Ranchhodbhai Patel v. Rajivbhai Dudabhai Patel, AIR 2018 SC 2472 : 2018 (7) Scale 474 bit.ly/CrlA1525of2009 16-05-2018

Penal Code, 1860 - S. 302, 323 & 324 - Culpable Homicide - Voluntary causing hurt by dangerous weapons or means - Acquittal. Kumar v. State Rep. By Inspector of Police, AIR 2018 SC 2386 : 2018 (2) JKJ 48 Crl.A. No. 409 of 2017 11-05-2018

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. 306 - Conviction of father-in-law - the deceased was subjected to harassment at the hands of the accused - Appeal dismissed. Kanailal Sarkar v. State of West Bengal, JT 2018 (10) SC 262 : 2018 (15) Scale 52 Crl.A. No. 1597 of 2009 04-10-2018

Penal Code, 1860 - S. 306 - Suicide - Having advanced the money to the deceased, the accused might have uttered some abusive words; but that by itself is not sufficient to constitute the offence under Section 306 I.P.C. M. Arjunan v. State rep. by its Inspector of Police, Crl.A. No. 1550 of 2018 04-12-2018

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

Penal Code, 1860 - S. 325 - In the counter case, the first accused, who had also been sentenced to one year imprisonment under Section 325 IPC, in respect of the same incident, has been given a lighter sentence of imprisonment till the rising of the court in the National Lok Adalat - the punishment imposed on the appellant also needs to be modified to the extent that the same shall be limited to the period already undergone. Naresh v. State of Madhya Pradesh, 2018 (3) Crimes 86 Crl.A. No. 272 of 2018 15-02-2018

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. 366 - Kidnapping, abducting or inducing woman to compel her marriage, etc - Ingredients of - To constitute an offence under Section 366 IPC, it is necessary for the prosecution to prove that the accused induced the complainant woman or compelled by force to go from any place, that such inducement was by deceitful means, that such abduction took place with the intent that the complainant may be seduced to illicit intercourse and/or that the accused knew it to be likely that 8 the complainant may be seduced to illicit intercourse as a result of her abduction. Mere abduction does not bring an accused under the ambit of this penal section. So far as charge under Section 366 IPC is concerned, mere finding that a woman was abducted is not enough, it must further be proved that the accused abducted the woman with the intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person or in order that she may be forced or seduced to illicit intercourse or knowing it to be likely that she will be forced or seduced to illicit intercourse. Unless the prosecution proves that the abduction is for the purposes mentioned in Section 366 IPC, the Court cannot hold the accused guilty and punish him under Section 366 IPC. Kavita Chandrakant Lakhani v. State of Maharashtra, AIR 2018 SC 2099 : 2018 (2) ALD (Crl.) 4 : 2018 All.M.R. (Crl.) 2287 : 2018 (3) Bom.C.R. (Crl.) 218 : 2018 (2) JKJ 60 : JT 2018 (4) SC 478 : 2018 (6) Scale 416 : (2018) 6 SCC 664 Crl.A. No. 459 of 2016 24-04-2018

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 - Prohibition of Harassment of Women Act, 1998 (Tamil Nadu) - S.4-A(1)(2)(i). Manoharan v. State of Tamil Nadu, AIR 2018 SC 2322 : JT 2018 (5) SC 122 : 2018 (4) SLT 224 : 2018 (3) RCR (Criminal) 291 : 2018 (7) SCALE 310 Crl.A. No. 1340 of 2013 09-05-2018

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 - Criminal P.C. 1973 - S. 386 (b) - Murder - Remand - Powers of the Appellate Court. Kanubhai Bhagvanbhai Nayak v. State of Gujarat, Crl.A. No. 1540 of 2018 03-12-2018

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 - For the offence of murder, minimum sentence is ‘life imprisonment’. For that reason, obviously, the High Court could not have modified the sentence to the one already undergone. Therefore, modification in the aforesaid manner as done by the High Court was clearly erroneous. Jitendra @ Kalla v. State of Govt. of NCT of Delhi, AIR 2018 SC 5253 : JT 2018 (11) SC 355 : 2018 (14) Scale 305 Crl.A. No. 2133 of 2017 25-10-2018

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 - Murder of husband and his sister, by his wife and her family members - Evidence of ocular witnesses was found consistent and inspired confidence - Conviction Confirmed; Ganapathi v. State of Tamil Nadu, AIR 2018 SC 1635 : 2018 (2) JKJ 113 : JT 2018 (3) SC 565 : 2018 (2) RCR (Criminal) 636 : 2018 (5) Scale 41 : (2018) 5 SCC 549 : 2018 (2) SCC (Cri) 793 : 2018 (1) UC 529 Crl.A. No. 1312 of 2008 27-03-2018

Penal Code, 1860 - S.302 - Offence of Murder - Any punishment less than the life imprisonment, as prescribed under Section 302 IPC, if awarded by any Court is per se illegal and without authority of law. Bharatkumar Rameshchandra Barot v. State of Gujarat, AIR 2018 SC 1598 : 2018 (1) ALD (Cri) 768 : 2018 (2) Bom.C.R. (Cri.) 575 : 2018 CriLJ 3684 : 2018 (2) JCC 759 : JT 2018 (3) SC 553 : 2018 (2) MPWN 1 : 2018 (2) RCR (Criminal) 546 : 2018 (5) Scale 35 : 2018 (1) UC 547 Crl.A. No. 448 of 2018 26-03-2018

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.307 - Attempt to murder - Injury was dangerous to life and the patient could have died if he had not been given proper treatment - conviction under Section 307 I.P.C. is justified. Rakesh v. State of Haryana, Crl.A. No. 1869 of 2017 10-10-2018

Penal Code, 1860 - S.364A - Kidnapping. State of Haryana v. Sunder Pal, Crl.A. No. 567 of 2010 31-10-2018

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

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.376(2)(g) - Even assuming that the prosecutrix was of easy virtue, she has a right of refuse to submit herself to sexual intercourse to anyone. State (Govt. of NCT of Delhi) v. Pankaj Chaudhary, AIR 2018 SC 5412 : JT 2018 (11) SC 43 : 2018 (14) Scale 423 Crl.A. No. 2299 of 2009 30-10-2018

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, 376, 342, 493, 506 & 354 (C) - Cancellation of Bail. Ms. X v. State of Telangana, AIR 2018 SC 2466 : 2018 (7) Scale 494 : 2018 (3) RCR (Criminal) 101 bit.ly/CrlA716of2018 17-05-2018

Penal Code, 1860 - Ss. 143, 341, 323, 308 332 & 353 - Criminal P.C. 1973 - S. 438. Prem Giri v. State of Rajasthan, AIR 2018 SC 2145 : 2018 (2) Crimes 332 : JT 2018 (4) SC 582 : 2018 (3) RCR (Criminal) 3 : 2018 (6) Scale 577 : (2018) 6 SCC 571 : 2018 (4) SLT 147 Crl.A. No. 662 of 2018 02-05-2018

Penal Code, 1860 - Ss. 147, 148 & 302/149 - Arms Act, 1959 - S. 25 - Appeal against Conviction and Sentence - not preferred by 1 accused - Financial Constraint - case is similar to that of other accused - suo moto cognizance by Court - Entitled to acquittal by giving him benefit of doubt. Farida Begum v. State of Uttarakhand, Crl.A. No. 1560 of 2013 04-12-2018

Penal Code, 1860 - Ss. 147, 148, 323, 504, 307 r/w. 149 - Criminal P.C. 1973 - S. 374 (2) - Appeal - imprisonment for a period of three years - reducing the sentence - respondents have already undergone some period in jail - incident occurred in the year 2007 - since the parties have purchased peace - no further sentence of incarceration needs to be imposed - accused should be visited with a higher amount of fine, which shall be paid to the victim. State of Karnataka v. Kaisarbaig, Crl.A. No. 215 of 2018 02-02-2018

Penal Code, 1860 - Ss. 148, 307 / 149 & 302 / 149 - ocular evidence of the two eye witnesses stands fully corroborated by the medical evidence - the accused persons have not challenged the postmortem examination reports of the victims during the cross examination wherein it is clearly stated that, the victims had an unnatural death pursuant to the injuries caused to them by means of weapons such as tangi, sword, lathis etc. - P.W. 3 and 4, were present at the site of occurrence and have expressed awareness about the death of deceased persons - both the Courts below have rightly convicted the accused. Sk. Khabir v. State of West Bengal, 2018 (14) Scale 734 Crl.A. No. 1289 of 2012 10-10-2018

Penal Code, 1860 - Ss. 149, 201 & 302 - Railway Property (Unlawful Possession) Act, 1966 - S. 3. Kameshwar Singh v. State of Bihar, AIR 2018 SC 1916 : 2018 (103) AllCC 602 : 2018 (2) Crimes 53 : 2018 CriLJ 2533 : 2018 (2) JCC 859 : JT 2018 (4) SC 227 : 2018 (5) Scale 412 : (2018) 6 SCC 433 : 2018 (3) Supreme 550 Crl.A. No. 903 of 2012 09-04-2018

Penal Code, 1860 - Ss. 201, 302 & 304 - Considering the nature of offence and the trivial reason for which the appellant got enraged and assaulted H, that too by a knife and also gave multiple blows, does not warrant a light punishment. Atul Thakur v. State of Himachal Pradesh, AIR 2018 SC 570 : 2018 (1) ALD (Cri) 729 : 2018 All.M.R. (Cri.) 1372 : 2018 (1) Crimes 16 : 2018 (1) JKJ 189 : JT 2018 (1) SC 457 : 2018 (1) Scale 394 : (2018) 2 SCC 496 : 2018 (1) SCC (Cri) 743 : 2018 (1) SLT 776 : 2018 (1) Supreme 144 : 2018 (1) UC 228 Crl.A. No. 522 of 2016 19-01-2018

Penal Code, 1860 - Ss. 228A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E - Criminal P.C. 1973 - S. 327 - Protection of Children from Sexual Offences Act, 2012 - Ss. 23, 24, 33, 74 - Disclosure of identity of the victim of certain offences etc. - Victims of the Offence of Rape - No person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large. Nipun Saxena v. Union of India Ministry of Home Affairs http://bit.ly/WPC565of2012 11-12-2018

Penal Code, 1860 - Ss. 299, 302, 304. Tularam v. State of Madhya Pradesh, AIR 2018 SC 2146 : 2018 (1) ALD (Cri) 740 : 2018 All.M.R. (Cri.) 3161 : 2018 (3) Bom.C.R. (Cri.) 151 : 2018 (2) Crimes 330 : 2018 CriLJ 2590 : 2018 (2) JLJ 206 : JT 2018 (4) SC 579 : 2018 (6) Scale 555 : (2018) 7 SCC 777 Crl.A. No. 663 of 2018 02-05-2018

Penal Code, 1860 - Ss. 300 Exception 4 & 304 Part I - Sudden fight implies the absence of premeditation. Bhagirath v. State of Madhya Pradesh, 2018 (14) Scale 470 bit.ly/CrlA2301of2009 23-10-2018

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

Penal Code, 1860 - Ss. 302 - when conviction is based on circumstantial evidence, there should not be any gap in the chain of circumstances; the accused is entitled to the beneft of doubt. State of Himachal Pradesh v. Raj Kumar, AIR 2018 SC 329 : 2018 (102) AllCC 622 : 2018 (1) ALD (Cri) 561 : 2018 (1) ALT (Cri) 405 : 2018 (1) CGLJ 393 : 2018 (1) Crimes 1 : 2018 (1) JCC 174 : 2018 (1) JKJ 160 : 2018 (1) JLJR 145 : JT 2018 (1) SC 159 : 2018 (1) MLJ (Cri) 480 : 2018 (1) PLJR 321 : 2018 (1) RCR (Criminal) 689 : 2018 (2) RLW 1229 : 2018 (1) Scale 162 : (2018) 2 SCC 69 : 2018 (1) SCC (Cri) 452 : 2018 (1) Supreme 103 : 2018 (1) UC 1 Crl.A. No. 31 of 2018 08-01-2018

Penal Code, 1860 – Ss. 302 & 149 - Failure or nonexplanation of injuries on accused when material – Principles summarised. Dashrath @ Jolo v. State of Chhattisgarh, AIR 2018 SC 1133 : 2018 CriLJ 2229 : 2018 (1) JLJR 356 : 2018 (2) MPJR 1 : 2018 (1) MPWN 267 : 2018 (2) PLJR 36 : 2018 (1) RCR (Criminal) 972 : 2018 (1) Scale 580 : (2018) 4 SCC 428 Crl.A. No. 197 of 2018 23-01-2018

Penal Code, 1860 - Ss. 302 & 201 - Protection of Children from Sexual Offences Act, 2012 - Ss. 10 & 4 - dastardly nature and manner of the crime - rarest of rare case - balancing approach of such aggravating and mitigating circumstances. Viran Gyanlal Rajput v. State of Maharashtra Crl.A. No. 1558 of 2018 05-12-2018

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 & 326 - High Court was justified in convicting the accused for the offence under Section 326, IPC, but was not justified in convicting the appellant for the offence under Section 302, IPC - Appeal is allowed in part. Jayaswamy v. State of Karnataka, AIR 2018 SC 2648 : 2018 (3) Bom.C.R. (Cri.) 1 : JT 2018 (5) SC 438 : 2018 (8) Scale 3 : (2018) 7 SCC 219 Crl.A. No. 1022 of 2011 01-06-2018

Penal Code, 1860 - Ss. 302 & 460 - Evidence relied by the prosecution is full of contradictions - prosecution has failed to provide any independent witness to bring home, the guilt of the accused - there exists reasonable doubt for believing the case laid down by the prosecution and the guilt of the accused has not been proved beyond doubt. State of Rajasthan v.v Madan @ Madaniya, Crl.A. No. 1333 of 2011 25-10-2018

Penal Code, 1860 - Ss. 302 r/w. 148 & 149 - there was no evidence to prove that appellant was the author of the gun shot which killed S - the ballistic report (ExC­1) did not support the prosecution case inasmuch as it opined that cartridges fired and recovered from the spot could not have been so fired from the rifle belonging to the appellant and the third, the alleged rifle was not taken in police custody immediately after the incident but it was surrendered by the appellant in the Court. In the light of foregoing reasons, the appellant is entitled for benefit of doubt and hence deserves to be acquitted of the charges framed against him. Ramvir v. State of Uttar Pradesh, AIR 2018 SC 5339 : JT 2018 (11) SC 284 : 2018 (14) Scale 369 Crl.A. No. 183 of 2013 26-10-2018

Penal Code, 1860 - Ss. 302 r/w. 201. Satpal v. State of Haryana, AIR 2018 SC 2142 : 2018 (1) ALD (Cri) 749 : 2018 (2) ALT (Cri) 281 : 2018 (2) Crimes 318 : JT 2018 (4) SC 622 : 2018 (2) RCR (Criminal) 935 : 2015 (6) Scale 494 : (2018) 6 SCC 610 Crl.A. No. 1892 of 2017 01-05-2018

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

Penal Code, 1860 - Ss. 302 r/w. 34 - when preparation was going on to burn Holika and when they were all standing there, juvenile accused was using abusive language - there was heated arguments, scuffle and sudden fight between them - As the occurrence took place in the course of sudden fight between the deceased and the accused party the occurrence would fall under sub-section (4) of Section 300 I.P.C. Sunny Khanna v. State of Chhattisgarh, 2018 (4) Crimes 100 : JT 2018 (10) SC 332 : 2018 (15) Scale 54 Crl.A. No. 1546 of 2017 04-10-2018

Penal Code, 1860 - Ss. 302 r/w. 34 & 148 - Whether the High Court was right in setting aside the acquittal of the Appellants and convicting them for an offence of murder. Mohd. Akhtar @ Kari v. State of Bihar, Crl.A. No. 407 of 2009 04-12-2018

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, 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

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. 302, 324, 323, 341, 148 r/w. 149 - the fact of recovery of the clutch wire is not enough to prove the culpability of the accused as, a clutch wire is a commonly available material in the market and there was no specific mark on the recovered clutch wire to associate it with the offence. State of Himachal Pradesh v. Naveen Kumar, 2018 (14) Scale 644 Crl.A. No. 567 of 2017 04-10-2018

Penal Code, 1860 - Ss. 302/201 - the circumstance of recovery of the dead body allegedly based on the alleged confessional statement may raise a suspicion against the accused that he might be involved in the incident but mere suspicion itself cannot take itself the evidence of proof. Uppala Bixam @ Bixmaiah v. State of Andhra Pradesh, Crl.A. No. 1548 of 2010 11-10-2018

Penal Code, 1860 - Ss. 302/34. Chandra Bhawan Singh v. State of Uttar Pradesh, AIR 2018 SC 2205 : 2018 (1) ALD (Cri) 1004 : 2018 (103) AllCC 945 : 2018 (2) Crimes 320 : 2018 (3) JKJ 16 : JT 2018 (5) SC 25 : 2018 (2) MLJ(Cri) 695 : 2018 (6) Scale 498 : (2018) 6 SCC 670 : 2018 (4) SLT 56 Crl.A. No. 654 of 2018 01-05-2018

Penal Code, 1860 - Ss. 304 Part I & 307 - there was no enmity between the accused and the victims - First Information Report was lodged 13 days after the incident - there is no plausible explanation coming forth from the prosecution for this inordinate delay - the High Court has thoroughly considered all aspects of the case and rightly taken them into account. State of Madhya Pradesh v. Nande @ Nandkishore Singh, AIR 2018 SC 747 : 2018 (1) ALT (Cri) 242 : 2018 (1) JKJ 206 : 2018 (2) MLJ (Crl.) 198 : 2018 (2) Scale 334 : (2018) 3 SCC 196 : 2018 (2) SCC (Crl.) 18 : 2018 (1) UC 283 Crl.A. No. 624 of 2016 23-01-2018

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. 306 - Abetment of Suicide -‘Workload’ or ‘work stress’, by itself, is not a ground to prove a charge of abetment to suicide against the employer / superior officer. Vaijnath Kondiba Khandke v. State of Maharashtra, AIR 2018 SC 2659 : JT 2018 (5) SC 243 : 2018 (3) RCR (Criminal) 133 bit.ly/CrlA765of2018

Penal Code, 1860 - Ss. 306 & 498A - Bride committed suicide by consuming rat poison - High Court upheld conviction of mother-in-law and husband - Validity of the conviction and sentence. Anusuiya @ Saraswatibai v. State of Madhya Pradesh, AIR 2018 SC 673 : (2018) 2 SCC 272 : 2018 (1) Crimes 84 : JT 2018 (1) SC 571 : 2018 (1) Scale 487 : 2018 (1) SLT 705 : 2018 (1) Supreme 355 : 2018 (1) RCR 980 : 2018 (1) SCC (Cri) 698 : 2018 (103) AllCC 590 : 2018 (1) ALD 583 : 2018 (1) ALT 257 : 2018 (2) JCC 866 bit.ly/CrlA1224of2008 25-01-2018

Penal Code, 1860 - Ss. 307, 323, 149 & 148 - Dispute related to watering of field from tubewell of accused - Infliction of several injuries using lethal weapons - Conviction of accused confirmed. Suresh Singh v. State of Madhya Pradesh, AIR 2018 SC 2383 : 2018 (103) AllCC 992 : JT 2018 (5) SC 131 : 2018 (3) RCR(Criminal) 1 : 2018 (7) SCALE 327 : (2018) 7 SCC 381 Crl.A. No. 1586 of 2009 11-05-2018

Penal Code, 1860 - Ss. 307, 323, 324 & 504 - Whether the High Court was justified in reversing the order of acquittal passed by the Sessions Court and convicting the accused. Naresh v. State of Uttarakhand, AIR 2018 SC 2332 : 2018 (3) Bom.C.R. (Cri.) 78 : 2018 (2) JKJ 124 : JT 2018 (4) SC 399 : 2018 (6) Scale 402 : (2018) 6 SCC 404 Crl.A. No. 394 of 2018 25-04-2018

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. 325/34 - Acquittal by Trial Court set aside by High Court - Since 30 years have passed and one injured has expired, a different view is not warranted. Subhash Chander Bansal v. Gian Chand, AIR 2018 SC 655 : 2018 (1) ALD (Cri) 540 : 2018 (1) Crimes 82 : JT 2018 (1) SC 464 : 2018 (1) MLJ (Cri) 731 : 2018 (1) MPWN 337 : 2018 (1) Scale 499 : (2018) 2 SCC 291 : 2018 (1) SCC(Cri) 708 : 2018 (1) Supreme 342 : 2018 (1) UC 267 Crl.A. No. 1676 of 2009 25-01-2018

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. 364 & 302/34. Murugan v. State of Tamil Nadu, AIR 2018 SC 2149 : 2018 (1) ALD (Cri) 744 : 2018 (2) Crimes 333 : 2018 (2) JKJ 119 : JT 2018 (5) SC 177 : 2018 (6) Scale 586 : 2018 (4) SLT 234 Crl.A. No. 1498 of 2010 02-05-2018

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

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. 376(2)(f), 377 & 302 - Rape & Murder of Minor Girl Child aged 3 Years - Sentenced to death - Reform, rehabilitation and re-integration into society - Prior history of the convict or criminal antecedents. Rajendra Prahladrao Wasnik v. State of Maharashtra, http://bit.ly/RPCrl306of2013 12-12-2018

Penal Code, 1860 - Ss. 399 & 402 - Arms Act, 1959 - S. 25 - the incident is of 1980, when the appellant was a young boy and that there is no other criminal case against him, we are of the view that the sentence should be limited to the period already undergone. Iqbal v. State of Uttar Pradesh, 2018 (4) Crimes 120 : JT 2018 (10) SC 335 : 2018 (15) Scale 243 Crl.A. No. 1280 of 2018 11-10-2018

Penal Code, 1860 - Ss. 420, 409 & 120­B - accused was working as a driver in the the Haryana Roadways - embezzling 85 liters of diesel - accused is now in his late sixties and no longer in service - he was not involved in any other criminal activity during his entire service tenure except the case at hand which relates to the year 1999 - it just and proper and in the interest of justice to reduce the appellant's jail sentence to "what the appellant has undergone till date and enhance the fine amount from Rs. 15,000/ to Rs. 25,000/ ". Jan Mohamad v. State of Haryana, Crl.A. No. 1626 of 2018 14-12-2018

Penal Code, 1860 - Ss. 420, 423, 424, 464 & 465 - Information Technology Act, 2000 - Forgery. Sheila Sebastian v. R. Jawaharaj, AIR 2018 SC 2434 : 2018 (3) Bom.C.R. (Cri.) 133 : 2018 (3) MLJ(Cri) 39 : 2018 (3) RCR (Criminal) 234 : 2018 (7) Scale 362 Crl.A. No. 359 of 2010 11-05-2018

Penal Code, 1860 - Ss. 436, 429, 323 & 506 - Set fire to the house - could let loose the cattle, two buffaloes, one she calf and one off-spring of the buffalo sustained burn injuries and subsequently they died - complainant also got burn injuries in the said incident - Since the occurrence was of the year 2000 and taking note of the subsequent development that a compensation of Rs.9,00,000/- (Rupees Nine Lakhs) has been paid to the complainant, the sentence of imprisonment of seven years imposed upon the appellant is reduced to five years. Surender Singh v. State of Haryana, JT 2018 (10) SC 261 : 2018 (4) RCR (Criminal) 780 Crl.A. No. 914 of 2017 11-10-2018

Penal Code, 1860 - Ss. 457, 380 & 302/34 - Motive - recovery of stolen articles at the instance of accused persons - identification of stolen articles - discovery of weapon of crime - recovery of clothes containing human blood - discovery of lock and key of shop of the deceased - All the circumstances point the finger of guilt towards the appellants and their complicity in commission of the crime. Surendra Singh v. State of Uttarakhand, Crl.A. No. 1768 of 2010 04-12-2018

Penal Code, 1860 - Ss. 457, 395, 396 & 302 r/w. 34 - Punishment for dacoity with murder - the offence under Section 396 IPC is to be viewed with seriousness, especially, when the dacoits are armed. Shajahan v. State Rep. By Inspector of Police, AIR 2018 SC 1070 : 2018 (1) ALD(Cri)(SC) 557 : 2018 (103) AllCC 643 : 2018 (1) ALT(Cri)(SC) 380 : 2018 (2) Crimes 22 : 2018 (2) JLJR 21 : JT 2018 (2) SC 345 : 2018 (2) MLJ (Cri) 368 : 2018 (1) MPWN 314 : 2018 (2) PLJR 175 : 2018 (2) RCR (Criminal) 312 : 2018 (3) Scale 81 : 2018 (2) Supreme 449 : 2018 (1) UC 459 Crl.A. No. 697 of 2012 16-02-2018

Penal Code, 1860 - Ss. 460 & 420 - Merely because the original accused might not have paid the amount due and payable under the agreement or might not have paid the amount in lieu of one month Notice before terminating the agreement by itself cannot be said to be a cheating and/or having committed offence under Sections 406 and 420 of the IPC as alleged. Vinod Natesan v. State of Kerala Crl.A. No. 1593 of 2018 11-12-2018

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 Code, 1860 - Ss. 498A, 323, 376 - Dowry Prohibition Act, 1961 - Ss. 3 & 4 - Criminal P.C. 1973 - S.482 - Single Judge ought to have first set out the brief facts of the case with a view to understand the factual matrix and then examined the challenge made to the proceedings in the light of the principles of law. Omveer Singh v. State of Uttar Pradesh Crl.A. No. 1541 of 2018 03-12-2018

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

Perjury - Prosecution should be ordered when it is considered expedient in the interest of justice to punish the delinquent and there must be prima facie case of deliberate falsehood on the matter of substance and the Court should be satisfied that there is reasonable foundation for the charge. Prof. Chintamani Malviya v. High Court of Madhya Pradesh, AIR 2018 SC 2656 : 2018 (3) Bom.C.R.(Cri.) 140 : 2018 (2) Crimes 397 : JT 2018 (4) SC 483 : 2018 (6) SCALE 437 : (2018) 6 SCC 151 Crl.A. No. 649 of 2018 27-04-2018

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

Police Act, 1963 (Karnataka) - S. 31 - Bangalore City Licensing and Controlling of Places of Public Entertainment Order, 2005 - Regulating restaurants displaying “live band music”, “cabaret dance” and “discotheque” not violative of Arts. 14 and 19. Karnataka Live Band Restaurants Association v. State of Karnataka, AIR 2018 SC 731 : JT 2018 (2) SC 68 : 2018 (2) KarLJ 193 : 2018 (3) MLJ 561 : 2018 (1) Scale 507 : (2018) 4 SCC 372 : 2018 (1) Supreme 362 C.A. No. 4741 of 2007 25-01-2018

Ports Act, 1908 - Section 5 - Notification expanding the port limits of Hazira Port, valid. Essar Bulk Terminial Limited v. State of Gujarat, AIR 2018 SC 1330 : 2018 (3) Scale 284 : (2018) 3 SCC 750 : 2018 (2) Supreme 66 C.A. No. 2406 of 2018 22-02-2018

Possession - In order to prove that the possession of any person in any immovable property is legal, it is necessary for such person to prove prima facie that he is either the owner of such property or is in possession as a lawful tenant or is in its permissive possession with the express consent of its true owner. Masroor Ahmad Khan v. State of Uttarakhand, C.A. No. 11761 of 2018 03-12-2018

Possession - It is the specific case of the respondent that he had purchased plot no. 27 carved out of 567 square yards of land belonging to D. Since such D was never the owner of plot no. 27, there was no occasion of transferring the title relating to plot no. 27 in favour of the respondent. Hence, it is amply proved by the appellant that he is the owner of plot no. 27 and that he is entitled to get back the possession of the same from the respondent, who is in unauthorised possession. Kedar Nath Kohli v. Baldev Singh, 2018 (4) ALD 60 : 2018 (5) Scale 97 : 2018 (3) Supreme 240 C.A. No. 3333 of 2018 27-03-2018

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

Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - Qualifications - Training - Prescription of - Training would sensitise concerned person to salutary objectives and purpose of legislation. Union of India v. Indian Radiological and Imaging Association, AIR 2018 SC 1422 : JT 2018 (3) SC 304 : 2018 (2) RCR (Civil) 362 : 2018 (4) SCALE 542 : (2018) 5 SCC 773 : 2018 (2) SCC (Cri) 892 I.A Nos. 13-15 of 2017 14-03-2018

Preservation of Mahakaleshwar Linga. Sarika v. Administrator, Mahakaleshwar Mandir Committee, Ujjain (MP), 2018 (6) Scale 651 C.A. No. 4676 of 2018 02-05-2018

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.13 - Criminal P.C. 1973 - S.154. State. by Lokayukta Police v. H. Srinivas, AIR 2018 SC 2701 : 2018 (3) Bom.C.R. (Cri.) 274 : JT 2018 (5) SC 387 : 2018 (3) RCR (Criminal) 119 : 2018 (7) Scale 649 Crl.A. No. 775 of 2018 18-05-2018

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

Prevention of Corruption Act, 1988 - the prosecution was under a legal obligation to prove the twin requirements of “demand and acceptance of bribe money by the accused”, the proving of one alone but not the other was not sufficient. Dashrath Singh Chauhan v. Central Bureau of Investigation, AIR 2018 SC 4720 : JT 2018 (10) SC 8 : 2018 (13) Scale 705 bit.ly/CrlA1276of2010 09-10-2018

Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 - these writ petitions need to be authoritatively decided by a Constitution Bench of 5 learned Judges, as the writ petitions involve substantial questions relating to the interpretation of the Constitution of India. Animal Welfare Board of India v. Union of India, JT 2018 (2) SC 110 : 2018 (1) Scale 673 : (2018) 2 SCC 645 : 2018 (1) Supreme 555 W.P. (C) No. 23 of 2016 02-02-2018

Prevention of Cruelty to Animals Act, 1960 - Prevention of Cow Slaughter and Cattle Preservation Act, 1964 (Karnataka) - the High Court, by impugned order, disposed of the writ petitions with certain observations giving rise to filing of the present appeals by way of special leave by the complainant in this Court - the IO and Magistrate concerned would proceed in the matter strictly in accordance with law on the basis of evidence and would not be influenced, in any manner, by the observations made by the High Court in the impugned order. Joshine Antony v. M/s. Barafwala Cold Storage and Agro Processor Crl.A. No. 1591 - 1592 of 2018 11-12-2018

Prevention of Damage to Public Property Act, 1984 - Structural and preventive measures - Remedies to minimize, if not extirpate, the impending mob violence - Liability of person causing violence - Responsibility of police officials - Compensation. Kodungallur Film Society v. Union of India, 2018 (13) Scale 607 W.P. (C) No. 330 of 2018 01-10-2018

Prevention of Food Adulteration Act, 1954 - Ss. 7 & 13 - Criminal P.C. 1973 - S. 378. Delhi Administration v. Vidya Gupta, AIR 2018 SC 2136 : 2018 (3) Bom.C.R. (Cri.) 204 : 2018 CriLJ 2593 : 2018 (2) Crimes 436 : 2018 (249) DLT 229 : JT 2018 (4) SC 492 : 2018 (2) MPWN 170 : 2018 (2) RCR (Criminal) 888 : 2018 (6) Scale 317 Crl.A. No. 625 of 2018 24-04-2018

Probation - Service was terminated at the end of the period of probation which cannot be said punitive. Director Aryabhatta Research Institute of Observational Sciences (Aries) v. Devendra Joshi, AIR 2018 SC 1493 : JT 2018 (3) SC 406 : 2018 (2) Supreme 760 C.A. No. 2926 of 2018 19-03-2018

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. 35 (2) - Speedy Trial - Directions issued for speedy disposal of cases involving sexual offences against children. Alakh Alok Srivastava v. Union of India, AIR 2018 SC 2440 : 2018 AllCJ 1461 : 2018 (2) ALD (Cri) 170 : 2018 (3) ALD 179 : 2018 (3) Bom.C.R. 746 : 2018 (2) Bom.C.R.(Cri.) 711 : 2018 (2) Crimes 324 : 2018 CriLJ 2929 : 2018 (2) JLJ 259 : JT 2018 (4) SC 625 : 2018 (2) KLT SN 57 (C.No.68) : 2018 (7) Scale 88 : (2018) 5 SCC 651 : 2018 (2) SCC (Cri) 815 W.P. (C) No. 76 of 2018 01-05-2018

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 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

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

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 - Parliamentary Standing Committee - Report - Probative Value. Kalpana Mehta v. Union of India, AIR 2018 SC 2493 : (2018) 7 SCC 1 : 2018 (7) SCALE 106 W.P. (C) No. 558 of 2012 09-05-2018

Public Interest Litigation (PIL) - Maintainability - CBI investigation - Oil Adulteration by mafias - Transfer of cash subsidy to intended beneficiaries of kerosene oil - Aadhaar card or through PDS or other credible mechanism - Petitioner was given liberty to approach oil companies. Seema Upadhyay v. Union of India Ministry of Petroleum and Natural Gas, AIR 2018 SC 2855 : JT 2018 (4) SC 52 : 2018 (5) Scale 338 : (2018) 5 SCC 325 : 2018 (3) Supreme 498 W.P. (C) No. 675 of 2013 05-04-2018

Public Interest Litigation (PIL) - Public Property - Re-auction of leased municipal property - Efficacy of existing lease. State of Himachal Pradesh v. Ravinder Kumar Sankhayan, JT 2018 (3) SC 592 : 2018 (1) RCR (Rent) 354 : 2018 (5) Scale 217 : (2018) 5 SCC 584 : 2018 (3) Supreme 120 C.A. No. 3392 of 2006 28-03-2018

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 Policy of India refers to law in force in India whether State law or Central law. Lion Engineering Consultants v. State of M.P., AIR 2018 SC 1895 : 2018 (3) ArbLR 177 : 2018 (4) Supreme 514 SLP (C) No. 15059 of 2011 22-03-2018

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - the writ petitioners could exercise their right of occupation qua the University only during their service tenure subject to fulfillment of the requisite terms and conditions and their right of occupation was terminable on their service tenure coming to an end. The day on which their services came to an end, whether due to their tendering the resignation, or on attaining the age of superannuation or for any other reasons, their right to continue in occupation of the flats came to an end. Their possession in the flats became unlawful and unauthorized. They were under contractual and legal obligation to handover vacant and peaceful possession of the flats to their employer i.e. the University so as to enable the University to allot the flats to other employees who were eligible for allotment. Vice Chancellor, Ranchi University v. Jharkhand State Housing Board, AIR 2018 SC 5202 : JT 2018 (11) SC 109 : 2018 (14) Scale 193 C. A. No. 8113 of 2009 23-10-2018

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - S. 9 - Whether the order passed by the City Civil Court in exercise of power under the Act as an Appellate Officer, is in the capacity of a Civil Court or persona designata. Life Insurance Corporation of India v. Nandini J. Shah, 2018 (3) ABR 67 : 2018 (2) ALD 175 : 2018 (128) ALR 253 : AIR 2018 SC 1197 : 2018 (3) Bom.C.R. 14 : 2018 (125) CLT 1001 : JT 2018 (2) SC 491 : 2018 (1) RCR 403 : 2018 (3) Scale 197 : 2018 (1) Supreme 705 C.A. No. 15536 of 2017 20-02-2018

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 Premises (Eviction of Unauthorized Occupation) Act, 1971 - the proper remedy of the appellants would be to file civil suit against the respondents for their eviction from the suit properties under the general law rather than to take recourse to the summary remedy of eviction provided under the Act. Western Coalfields Ltd. v. M/s. Ballapur Collieries Company C.A. No. 4487 of 2009 11-12-2018

Public Property - While in the case of a non profit­oriented educational institution serving the public interest, public property can be allotted to it at a concessional price or for free by imposing stringent conditions for the use of the land, it is questionable whether the same can be done for profit­oriented institutions. J.S. Luthra Academy v. State of Jammu and Kashmir, AIR 2018 SC 5367 : JT 2018 (11) SC 271 : 2018 (14) Scale 449 C.A. No. 7184 of 2013 30-10-2018

Public Service Commission - Correctness of final key answers. Richal v. Rajasthan Public Service Commission, 2018 (5) MLJ 337 : 2018 (6) Scale 639 : (2018) 8 SCC 81 C.A. No. 4695 of 2018 03-05-2018

Public Service Commission - the process of scaling is a recognized method for ensuring uniformity amongst candidates who have taken examinations in different subjects. When there are a number of examiners evaluating the papers of a large number of candidates in an examination, there is a possibility of ‘examiner subjectivity’ or ‘examiner variability’. To minimise the examiner variability moderation would be the best method to be followed. U.P. Public Service Commission v. Manoj Kumar Yadav, AIR 2018 SC 1233 : 2018 (4) ALJ 239 : 2018 (3) Scale 115 : (2018) 3 SCC 706 : 2018 (1) SCC (L&S) 626 : 2018 (2) Supreme 380 : 2018 (1) UPLBEC 307 C.A. No. 2326 of 2011 16-02-2018

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

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

Railways Act, 1989 - S. 124A - Untoward Incident. Union of India v. Rina Devi, AIR 2018 SC 2362 : 2018 (4) ALT 28 : 2018 (3) Bom.C.R. 729 : 2018 (2) KLT 1060 : 2018 (3) RCR (Civil) 40 : 2018 (7) Scale 274 : 2018 (4) SLT 44 C.A. No. 4945 of 2018 09-05-2018

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. 22A - Validity of - Merely because a provisional registration has been permitted, the parties shall not claim any additional equity. Siri Nivasam Mutual Aided House Building Society v. State of Andhra Pradesh, 2018 (3) ALT 42 : 2018 (7) Scale 469 C.A. No. 4019 of 2018 19-04-2018

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

Remand - Neither the Commissioner could record any finding on the merits and nor the High Court. Meera Mishra v. Satish Kumar, C.A. No. 11763 of 2018 03-12-2018

Remand - the examination could be confined only to the issue of remand and not beyond it. At the same time, there was no need to cite several decisions and that too in detail. Brevity being a virtue, it must be observed as far as possible while expressing an opinion. Surjeet Singh v. Sadhu Singh, C.A. No. 11764 of 2018 03-12-2018

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 - Accommodation Control Act, 1961 (Madhya Pradesh) - Section 12(1)(f) - Restriction on eviction of tenants. Hukumchandra (d) thru Lrs. v. Nemi Chand Jain C.A. No. 3827 of 2014 14-12-2018

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

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 - Rent Control Act (Rajasthan) - S. 9 - Rent Appellate Tribunal allowed the landlady's appeal with a casual approach and failed to record any categorical finding on the plea of bona fide need. The High Court had two options: first either to remand the case to the Rent Appellate Tribunal for deciding the appeal afresh on merits in accordance with law and second, to decide the matter itself on merits in accordance with law. Since the High Court heard the matter in its writ jurisdiction under Article 227 of the Constitution, it was not possible to examine the issue on facts in detail like an Appellate Court. It is for this reason, the High Court ought to have resorted to first option and remanded the case back to the Rent Appellate Tribunal for deciding the appeal afresh on merits in accordance with law. Kalpana Vyas v. Raj Kumar Rangwani, AIR 2018 SC 5282 : JT 2018 (10) SC 519 : 2018 (14) Scale 404 C.A. No. 10811 of 2018 29-10-2018

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 - Subletting - If tenant is able to prove that he continues to retain exclusive possession over tenanted premises notwithstanding any third party’s induction in said premises, no case of subletting is made out against such tenant. Flora Elias Nahoum v. Idrish Ali Laskar, AIR 2018 SC 650 : (2018) 2 SCC 485 : JT 2018 (2) SC 129 : 2018 (1) Scale 472 : 2018 (1) Supreme 350 : 2018 (1) RCR (Rent) 190 : 2018 (2) MLJ 741 C.A. No. 4189 of 2007 25-01-2018

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 - Vacating the Premises - Grant time upto 31st October, 2018 - Towards use and occupation charges, the petitioner shall continue to pay Rs. 2000/- Appeal dismissed. Gopal Rai v. Meera Bai, C.A. No. 2111 of 2018 19-02-2018

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

Rent Control and Eviction - Tenancy - Joint Tenant - Legal Hiers - An eviction petition against one of the joint tenant is sufficient against all the joint tenants and all joint tenants are bound by the order of the Rent Controller as joint tenancy is one tenancy and is not a tenancy split into different legal heirs. Suresh Kumar Kohli v. Rakesh Jain, AIR 2018 SC 2708 : 2018 (4) ALD 136 : 2018 (3) ALT 28 : 2018 (1) RCR (Rent) 461 : 2018 (6) Scale 344 : (2018) 6 SCC 708 : 2018 (4) Supreme 747 C.A. No. 3996 of 2018 19-04-2018

Rent Control and Eviction - Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Uttar Pradesh) - the tenant, having rightly suffered a decree for eviction on the ground contained under Section 20(2)(a), is not entitled to take the benefit of sub-section(4) of Section 20 because his case falls under the proviso to sub-section(4) by virtue of the fact that his son, who is member of family being a male lineal descendants as specified under Section 3(g)(ii) of the Act, has built his residential house in the same city and he is in its possession. The tenant can, therefore, shift in the said house once he is asked to vacate pursuant to eviction decree passed against him. Sudama Devi v. Vijay Nath Gupta, AIR 2018 SC 2282 : 2018 (4) ALJ 367 : 2018 (129) ALR 409 : 2018 (2) DMC 35 : JT 2018 (4) SC 300 : 2018 (2) RCR (Civil) 949 : 2018 (1) RCR (Rent) 472 : 2018 (6) Scale 10 : (2018) 6 SCC 759 C.A. No. 5903 of 2012 17-04-2018

Rent Control and Eviction - Whether a Review under Section 16(5)(a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in respect of an order regarding vacancy is maintainable. Rajendra Kumar Verma (d) Th. Lrs. v. Additional District Magistrate (Civil Supplies), 2018 (128) ALR 39 : 2018 (1) RCR (Rent) 219 : (2018) 4 SCC 630 C.A. No. 10449 of 2011 08-02-2018

Rent Law - Haryana Urban (Control of Rent and Eviction) Act, 1973 - Revisionary jurisdiction of the High Court is limited and, therefore, it rightly observed that no ground for interference with the finding of fact arrived at by the courts below was made out. Surender v. Nand Lal, 2018 (127) ALR 313 : JT 2018 (2) SC 66 : 2018 (1) RCR (Rent) 171 : 2018 (1) Scale 642 : (2018) 2 SCC 717 : 2018 (1) Supreme 477 C.A. No. 480 of 2018 01-02-2018

Rent Law - parties are directed to strictly abide by the terms of the Settlement. Rajesh Chugh v. Batuk Prasad Jaitly, 2018 (7) Scale 468 C.A. No. 4419 of 2018 25-04-2018

Rent Law & Eviction - Suit for eviction and recovery of rent - second appeal - validity of the quit notice was not an issue before the High Court nor any question of law was framed on the same - the High Court ought to have examined the substantial questions of law framed by it and answered the same in accordance with law. In such view of the matter the impugned order is not sustainable and the matter has to be remitted back to the High Court. Shrikant v. Narayan Singh (dead) Thr. Lrs. C.A. No. 4451 of 2009 23-10-2018

Representation of People Act, 1950 - Ss. 81, 82, 86 & 117 - Election Petition - Maintainability of - Defects were rectified within stipulated time - not barred by limitation under S. 81(1) - Correctness of translated copy of vernacular language cannot be decided at threshold level - Copies of materials reproduced in CD and its transcription is provided - Phone used for conversation and supply of chip was not necessary - Such step would not impair defence of successful candidate. Abdulrasakh v. K.P. Mohammed, AIR 2018 SC 1487 : 2018 (3) ALD 124 : 2018 (4) ALT 21 : JT 2018 (3) SC 253 : 2018 (2) KLT SN 53 (C.No.64) : 2018 (4) MLJ 122 : 2018 (2) RCR (Civil) 318 : 2018 (4) Scale 236 : (2018) 5 SCC 598 : 2018 (2) Supreme 476 C.A. No. 10863 of 2017 08-03-2018

Representation of the People Act, 1951 - Bye-Elections. Pramod Laxman Gudadhe v. Election Commission of India, AIR 2018 SC 2356 : 2018 (7) Scale 298 S.L.P. (C) No. 9968 of 2018 09-05-2018

Representation of the People Act, 1951 - Striking off of the pleadings and rejection of the election petition in limine. Madiraju Venkata Ramana Raju v. Peddireddigari Ramachandra Reddy, AIR 2018 SC 3012 : 2018 (5) ALD 46 : JT 2018 (3) SC 607 : 2018 (4) Supreme 261 C.A. No. 9466 of 2016 21-03-2018

Res Judicata - Applicability of the doctrine between co-­defendants - the following four conditions must be satisfied - there must be a conflict of interest between the defendants concerned - it must be necessary to decide the conflict in order to give the reliefs which the plaintiff claims - the question between the defendants must have been finally decided - the co­defendants were necessary or proper parties in the former suit. Govindammal (Dead) By Lrs. v. Vaidiyanathan, 2018 (14) Scale 198 C. A. No. 5276 of 2008 23-10-2018

Res Judicata - Dismissal of application to set aside auction sale on ground of irregularity or fraud - No appeal was filed - Confirmation of sale was not questioned - Applicant would be barred from bringing fresh suit to set aside sale on same ground. Siddagangaiah v. N.K. Giriraja Shetty, AIR 2018 SC 3080 : 2018 (5) ALD 75 : 2018 (7) SCALE 556 : (2018) 7 SCC 278 C.A. No. 5007 of 2018 11-05-2018

Res Judicata - Principle of - Exceptions - Explained. Canara Bank v. N.G. Subbaraya Setty, 2018 (129) ALR 488 : 2018 (4) Bom.C.R. 1 : 2018 (2) JLJ 475 : JT 2018 (6) SC 1 : 2018 (2) RCR (Civil) 962 : 2018 (6) Scale 213 : 2018 (74) PTC 336 C.A. No. 4233 of 2018 20-04-2018

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 of Children to Free and Compulsory Education Act, 2009 State of Kerala v. Mythri Vidya Bhavan English M. Sch., AIR 2018 SC 2258 : 2018 (3) All.M.R. 944 : 2018 (3) JLJR 155 : 2018 (2) KLT 795 : 2018 (5) MLJ 233 : 2018 (3) PLJR 145 : 2018 (6) Scale 570 S.L.P. (C) No. 18475 of 2013 02-05-2018

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - S. 15. Shiv Singh v. State of Himachal Pradesh, AIR 2018 SC 2159 : 2018 ALT (Rev) 116 : 2018 (2) MPWN 123 : 2018 (2) RCR (Civil) 840 : 2018 (6) Scale 407 : 2018 (4) Supreme 480 C.A. No. 4414 of 2018 25-04-2018

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - S. 24 (2). Delhi Development Authority v. Munni Lal, AIR 2018 SC 2730 : 2018 (128) ALR 727 : 2018 ALT (Rev) 43 : 2018 (4) Supreme 93 C.A. No. 2362 of 2018 21-02-2018

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

Rights of Prisoners - Death Row Prisoner - With regard to the entitlement of a prisoner on death row to have meetings and interviews with his lawyers or members of his immediate family or even mental health professionals - such meetings and interviews should be permitted. Re-inhuman Conditions In 1382 Prisons v. State of Assam, http://bit.ly/IA26542of2018 13-12-2018

Sale of Liquor - ‘Municipal Areas’ - the state governments would not be precluded from determining whether the principle which has been laid down by this Court in the order dated 11 July 2017 in Arrive Safe Society should also apply to areas covered by local self governing bodies and statutory development authorities. State of Tamil Nadu v. K. Balu, 2018 (1) KLJ 812 : 2018 (1) KLT 842 : 2018 (3) Scale 392 : (2018) 3 SCC 336 : 2018 (2) Supreme 97 M.A. No. 489 of 2018 23-02-2018

Sales Tax - “Sale Price” - it is the price which is either paid or payable to a dealer as consideration for the sale - any sum by way of any discount or rebate according to the practice normally prevailing in the trade shall be deducted and shall not be included in the sale price - Definition of ‘turnover’ means the aggregate amount received or receivable by a dealer. Universal Cylinders v. Commercial Taxes Officer, AIR 2018 SC 1187 : JT 2018 (2) SC 482 : 2018 (3) RLW 2363 : 2018 (3) Scale 327 : (2018) 3 SCC 648 : 2018 (2) Supreme 36 C.A. No. 2431 of 2018 23-02-2018

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Misuse of; Dr. Subhash Kashinath Mahajan v. State of Maharashtra, AIR 2018 SC 1498 : 2018 (103) AllCC 908 : 2018 (1) ALD (Cri) 629 : 2018 All.M.R. (Cri.) 1773 : 2018 (1) ALT (Cri) 332 : 2018 (2) ALT 50 : 2018 (2) Bom.C.R. (Cri.) 593 : 2018 CriLJ 3422 : 2018 (2) Crimes 169 : 2018 (2) CTC 779 : 2018 (248) DLT 39 : JT 2018 (3) SC 499 : 2018 (2) KLT 33 : 2018 (2) RCR (Criminal) 552 : 2018 (1) RLW 840 : (2018) 6 SCC 454 : 2018 (3) Supreme 44 : 2018 (1) UC 479 bit.ly/CrlA416of2018 20-03-2018

Securities and Exchange Board of India Act, 1992 - S. 15Z - Synchronised Trading - Concept of - Considering the reversal transactions, quantity, price and time and sale, parties being persistent in number of such trade transactions with huge price variations, it will be too naïve to hold that the transactions are through screen-based trading and hence anonymous. Such conclusion would be over-looking the prior meeting of minds involving synchronization of buy and sell order and not negotiated deals as per the board's circular. The impugned transactions are manipulative/deceptive device to create a desired loss and/or profit. Such synchronized trading is violative of transparent norms of trading in securities. If the findings of SAT are to be sustained, it would have serious repercussions undermining the integrity of the market and the impugned order of SAT is liable to be set aside. Securities and Exchange Board of India v. Rakhi Trading, 2018 (2) AWC 1989 : 2018 (3) Bom.C.R. 192 : JT 2018 (2) SC 349 : 2018 (2) Scale 156 : 2018 (3) Supreme 257 C.A. No. 1969 of 2011 08-02-2018

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

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

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - S. 34. Authorised Officer, State Bank of India v. Allwyn Alloys Pvt. Ltd., 17-05-2018 bit.ly/ca5248of2018

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Delay of 14 days - DRT declined to condone the delay. Neel Enterprises v. State Bank of India C.A. No. 4989 of 2018 10-05-2018

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Whether sub-section (3A) of Section 13 is mandatory or directory in nature. ITC v. Blue Coast Hotels, 2018 (4) Bom.C.R. 111 : 2018 (2) CTC 569 : 2018 (248) DLT 1 : 2018 (1) JKJ 1 : JT 2018 (3) SC 634 : 2018 (2) RCR (Civil) 646 : 2018 (2) Supreme 664 C.A. No. 2928 of 2018 19-03-2018

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Ss. 2(1)(f), 2(1)(zb), (zd) & (zf) - ‘borrower’ - ‘security arrangement’ - ‘security interest’ - ‘secured creditor’ - Discussed. Indiabulls Housing Finance Ltd. v. Deccan Chronicle Holdings Ltd; 2018 (3) AWC 2677 : 2018 (2) Bom.C.R. 739 : JT 2018 (3) SC 68 : 2018 (2) RCR (Civil) 323 : 2018 (140) RD 99 : 2018 (3) Scale 399 : 2018 (2) Supreme 40 C.A. No. 18 of 2018 23-02-2018

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Discretionary jurisdiction under Article 226 is not absolute but has to be exercised judiciously in the given facts of a case and in accordance with law. State Bank of Travancore v. Mathew K.C., AIR 2018 SC 676 : (2018) 3 SCC 85 : JT 2018 (2) SC 3 : 2018 (1) Scale 618 : 2018 (1) Supreme 471 : 2018 (2) RCR (Civil) 1 : 2018 (2) AWC 1100 : 2018 (2) ALD 132 : 2018 (2) Bom.C.R. 279 : 2018 (1) JLJR 381 : 2018 (1) KLT 784 : 2018 (1) KLJ 820 bit.ly/CA1281of2018 31-01-2018

Security Interest (Enforcement) Rules, 2002 - R.9 - Requirement specified under R. 9(4) was to deposit balance 75% purchase price within 15 days of confirmation - Said period of 15 days would start from day of confirmation of sale by secured creditor and it does not start from day of auction. On day of auction authorised officer only accepts or confirms highest bid. Rakesh Birani v. Prem Narain Sehgal, AIR 2018 SC 2068 : 2018 (5) Scale 397 : (2018) 5 SCC 543 : 2018 (4) Supreme 112 C.A. No. 3156 of 2018 21-03-2018

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 - Aggrieved by Transfer as a Medical Officer - Appeal allowed. Lakshmi Narayan Singh v. State of Bihar, 2018 (8) Scale 63 C.A. No. 4920 of 2018 08-05-2018

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

Service Law - Appointment - Eligibility Criteria - Hindi Language Assistant - Additional requirement under the Recruitment Rules is that the candidate must hold a degree in Education with the concerned subject (Hindi) as a teaching method - Whether permissible. State of Karnataka v. Shankar Baburao Kangralkar, AIR 2018 SC 1135 : 2018 (158) FLR 377 : JT 2018 (2) SC 126 : 2018 (3) KarLJ 63 : 2018 (3) MLJ 439 : 2018 (2) PLJR 190 : 2018 (2) Scale 290 : (2018) 3 SCC 296 : 2018 (1) SCC(L&S) 477 C.A. No. 1612 of 2018 06-02-2018

Service Law - Appointment - Judicial Review - Validity of Appointment - It is advisable to leave the award of marks, weightage to be given etc. to the authorities who are dealing with the issue. Thahira P. v. Administrator, UT of Lakshdweep, AIR 2018 SC 1973 : 2018 (6) Scale 25 : (2018) 6 SCC 446 : 2018 (4) Supreme 254 S.L.P. (C) No. 33281 of 2016 17-04-2018

Service Law - Appointment of Drivers in the Subordinate Courts in the State of Gujarat - there are vacancies available and the appellants can be suitably adjusted, in case this Court orders so. Rabari Prabhatbhai Gugubhai v. State of Gujarat, 2018 (8) Scale 65 C.A. No. 18020 of 2017 19-04-2018

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 - Banking Service - Voluntary Retirement Scheme - Application once made was irrevocable. State Bank of Patiala v. Kanwal Nain Singh, 2018 (157) FLR 860 : 2018 (4) MLJ 254 C.A. No. 2469 of 2010 03-04-2018

Service Law - Candidate - Constable in Chandigarh Police - Involvement in Criminal Cases - Acquittal - Screening Committee - Not suitable for the post - Whether the court can substitute its views for the decision taken by the Screening Committee. Union Territory, Chandigarh Administration v. Pradeep Kumar, AIR 2018 SC 376 : 2018 (1) JLJR 163 : JT 2018 (1) SC 148 : 2018 (1) KLT 384 : 2018 (1) MLJ 873 : 2018 (1) MPWN 98 : 2018 (1) PLJR 339 : 2018 (1) Scale 153 : (2018) 1 SCC 797 : 2018 (1) SCC (Cri) 504 : 2018 (1) SCC(L&S) 149 : 2018 (1) UPLBEC 320 C.A. No. 67 of 2018 08-01-2018

Service Law - Central Industrial Security Force (CISF) - The punishment of the respondent is substituted to be of “compulsory retirement from service” from that of “removal from service”. Government of India v. V. Shanmugananthan, C.A. No. 4601 of 2009 25-10-2018

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 - Civil Services Decentralisation and Recruitment Act, 2010 (Jammu and Kashmir) - Ss. 6 & 13 - Appointment to District Cadre post - Procedure for inviting applications by the Board and eligibility for applying to different cadres. Zahoor Ahmad Rather v. Sheikh Imtiyaz Ahmad C.A. No. 11853 of 2018 05-12-2018

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 - 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 - Compassionate Appointment - Bipartite Agreement - The terms of the Agreement are very specific and give no room for any discretion. Subhadra v. Ministry of Coal, AIR 2018 SC 783 : 2018 (3) All.M.R. 478 : 2018 (3) ABR 61 : 2018 (158) FLR 179 : (2018) 11 SCC 201 C.A. No. 830 of 2018 23-01-2018

Service Law - Compassionate Appointment - Eligibility - Availability of the Vacancies - direction to the Electricity Board to complete the formalities and pass formal orders. Chandrabosh Tripathi v. Madhya Pradesh Electricity Board, 2018 (8) Scale 31 C.A. No. 3477 of 2018 02-04-2018

Service Law - Compassionate Appointment - Family had managed to survive for over ten years and, therefore, there was no immediate necessity - this cannot be a major reason for rejection - Whether the family pulled on begging or borrowing also should have been one consideration - the widow had already been empaneled for appointment under the Compassionate Appointment Scheme, but was declined the benefit only on account of crossing the age - Her daughter should be considered for compassionate appointment. Supriya Suresh Patil @ Sow Supriya Pratik Kadam v. State of Maharashtra, 2018 (8) Scale 627 C.A. No. 5216 of 2018 09-05-2018

Service Law - Compassionate Appointment - Long pending disputes between two 'wives' of deceased J - A suggestion was put as to whether one party would be satisfied with compassionate appointment and leave the rest of the benefits and property to the other party - parties have agreed to the suggestion. Lakshmi @ Lakshmamma v. Chanmundamma, 2018 (5) Scale 693 C.A. No. 3479 of 2018 02-04-2018

Service Law - Compassionate Appointment. Vinod Kumar Singh v. State of Uttar Pradesh, 2018 (15) Scale 68 C.A. No. 10869 of 2018 29-10-2018

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 - Courts cannot sit as an appellate authority or an umpire to examine the recommendations of the Selection Committee like a Court of Appeal. Union Public Service Commission v. M. Sathiya Priya, AIR 2018 SC 2790 : 2018 (5) MLJ 93 : 2018 (5) Scale 668 : 2018 (2) UPLBEC 1172 C.A. No. 10854 of 2014 13-04-2018

Service Law - Denial of appointment as PGT Economics - High Court declined to grant him relief on the ground that the appellant could not show that nobody with lesser marks had been appointed. If the candidates who were above in merit to the appellant had not joined duty, naturally it was the appellant who should have been considered for the appointment. Gagan Ch. Kalita v. State of Assam, C.A. No. 3338 of 2018 27-03-2018

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 - Departmental Enquiry - Issue of caste certificate. S. Mahesh v. Chairman Cum Managing Director, Neyveli Lignite Corporation Ltd. Neyveli Tamil Nadu, JT 2018 (10) SC 513 : 2018 (14) Scale 398 C.A. No. 10812 of 2018 29-10-2018

Service Law - Departmental Enquiry - the Single Judge was under legal obligation to examine each charge independently and then he should have recorded his findings on all the charges in accordance with law. Uttar Bihar Gramin Bank v. Narendra Kumar Sinha, JT 2018 (9) SC 446 : 2018 (13) Scale 661 C.A. No. 10180 of 2018 03-10-2018

Service Law - Disburse the difference in wages for the period of two and a half years in the post of Messenger after adjusting the emoluments already granted to her while working as a casual worker. J. Linet v. Asstt. Manager (Depot) Food Corp. of India C.A. No. 963 of 2009 08-02-2018

Service Law - Disciplinary Proceedings - Penalty of withholding 15% of the monthly pension for a period of one year. E.K. Narayanan v. Union of India, 2018 (8) Scale 625 C.A. No. 5607 of 2018 16-05-2018

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 - Discontinuation - Caste - Scrutiny - benefits which have been granted as per the judgment cannot be taken away in collateral proceedings. S.G. Barapatre v. Ananta Gajanan Gaiki, JT 2018 (10) SC 316 C.A. No. 10387 of 2018 10-10-2018

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 - Employees did not challenge the order of termination - Not entitled to the reliefs. State of Bihar v. Baliram Singh, JT 2018 (10) SC 556 : 2018 (14) Scale 407 C.A. No. 10806 of 2018 29-10-2018

Service Law - Field Supervisor - Whether equivalent to post of Teacher. Orissa University of Agriculture & Technology v. Upendra Nath Patra, AIR 2018 SC 2291 : 2018 (4) All.M.R. 956 : 2018 (6) Scale 262 : (2018) 5 SCC 693 C.A. No. 4275 of 2018 23-04-2018

Service Law - Fixation of Pay - Career Advancement Scheme, 1990 (CAS) - Modified Career Advancement Scheme, 2001 (MCAS) - At the time of merger of the two directorates, it is the case of the State that the employees were given the benefit of merger by granting higher pay-scales and hence they were denied the benefit of CAS and MCAS - Held, the employees of the organisation shall be granted the benefit of CAS/MCAS, as were granted to other government employees under the said Schemes. The amounts already paid to the employees under the Scheme of Merger shall be adjusted while settling the monetary claims under CAS/MCAS. State of West Bengal v. West Bengal Dairymens Association, 2018 (7) Scale 467 C.A. No. 6221 of 2013 24-04-2018

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

Service Law - General Insurance Employees’ Special Voluntary Retirement Scheme, 2004 - General Insurance (Employees) Pension Scheme, 1995 - Pension on voluntary retirement - It is abundantly clear that nothing more would be given than what is stated in the Scheme, and for that matter, nothing less. 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. National Insurance Special Voluntary Retired / Retired Employees Association v. United India Insurance Co. Ltd., AIR 2018 SC 5476 : 2018 (3) JLJ 646 : 2018 (14) Scale 318 C.A. No. 10775 of 2018 26-10-2018

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 - 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 - Judicial Service - Judicial Officers - Fast Track Court Judges - Regular Judicial Service - Pensionary Benefits. Mahesh Chandra Verma v. State of Jharkhand, AIR 2018 SC 2924 : 2018 (7) Scale 343 C.A. No. 4782 of 2018 - 11-05-2018

Service Law - Merely because a Candidate finds a Place in the Merit List does not given an Indefeasible Right to Appointment. Gurmeet Pal Singh v. State of Punjab, 2018 (7) Scale 394 http://bit.ly/CA4853of2018 15-05-2018

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 - No Contract Employee has a Right to have his or her Contract Renewed from Time to Time. Yogesh Mahajan v. Prof. R. C. Deka, AIR 2018 SC 757 : 2018 (158) FLR 182 : JT 2018 (2) SC 1 : 2018 (1) SCALE 577 : (2018) 3 SCC 218 : 2018 (1) SCC (L&S) 474 : 2018 (1) Supreme 574 : 2018 LLR 366 : 2018 (1) UPLBEC 281 bit.ly/SLP22475of2012 31-01-2018

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

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 - 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 - Pensionary Benefits. Indira Gandhi National Open University v. Dr. V. N. Rajsekharan Pillai, JT 2018 (2) SC 530 C.A. No. 2267 of 2018 19-02-2018

Service Law - Physical Instructor - Being thus in a teaching post, he is entitled to continue up to 62 years like other teachers. Narendra Dev Univesity of Agriculture and Technology v. Bhupendra Singh Rawat, 2018 (8) Scale 634 C.A. No. 5696 of 2018 18-05-2018

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 - Passenger Guard. Rama Nath Jha v. Union of India, 2018 (8) Scale 633 C.A. No. 5668 of 2018 18-05-2018

Service Law - Promotion - Post of Assistant Professor (Ophthalmology) - Whether the service rendered by Respondent No.2 as Lecturer before she acquired a Post-Graduate Degree can be counted as qualifying service for promotion as Assistant Professor - Held, three years experience as Lecturer for promotion to the post of Assistant Professor need not be after completion of the Post-Graduate Degree. Dr. M. Dakshayani v. State of Karnataka, 2018 (6) Scale 150 : 2018 (4) Supreme 433 C.A. No. 4236 of 2018 20-04-2018

Service Law - Promotion - Retrospective Promotion - Aggrieved must approach court at earliest opportunity or within reasonable time - Any directions at belated stage to consider employees for retrospective promotion after considerable time is bound to have serious administrative implications apart from financial burden on Government - Mere repeated filing of representations would not be sufficient explanation for delay in approaching court. Union of India v. Chaman Rana, AIR 2018 SC 1478 : 2018 (4) MLJ 618 : 2018 (4) Scale 436 : (2018) 5 SCC 798 : 2018 (4) Supreme 105 C.A. No. 2763 of 2018 12-03-2018

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 - Whether the promotion of respondent No.1 to the ex-cadre post of Executive Engineer, and encadrement thereof subsequently, is illegal? - Whether the delay and laches will come in the way of appellant No.3 in challenging the order of promotion of respondent No.1 - Whether the Government was right in conducting an inquiry when the writ petitions were pending before the Court and whether subsequent demotion of respondent No.1 to the ex-cadre post of Executive Engineer is illegal? Ajit Kr. Bhuyan v. Debajit Das, JT 2018 (11) SC 17 : 2018 (14) Scale 168 C.A. No. 10662 23-10-2018

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 - 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

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 - Question of regularisation of daily wager appointed contrary to law does not arise. Upendra Singh v. State of Bihar, AIR 2018 SC 1315 : 2018 (157) FLR 990 : 2018 (2) JLJR 34 : 2018 (2) PLJR 91 : 2018 (3) Scale 363 : (2018) 3 SCC 680 : 2018 (1) SCC(L&S) 621 : 2018 (1) Supreme 746 C.A. No. 2356 of 2018 23-02-2018

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 - Railway Employee - Pension. Union of India Southern Railway General Manager v. R. Sethumadhavan, AIR 2018 SC 1891 : 2018 (3) AWC 2789 : 2018 (2) KLT 311 : 2018 (3) Supreme 30 C.A. No. 3173 of 2018 22-03-2018

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 - Recruitment Process - Illegalities - If the selection is found to be tainted in any manner, it is always open to the concerned authority to annul such selection to maintain purity of the selection process. It may not always be necessary to segregate tainted and untainted candidates when the process itself is tainted. Moreover, at pre-appointment stage, decision to cancel the selection process can be interfered only if it is patently arbitrary, malafide or illegal. Avinash C. v. State of Karnataka Chief Secretary, AIR 2018 SC 2454 : 2018 (2) CGLJ 361 : JT 2018 (4) SC 80 : 2018 (3) KarLJ 222 : 2018 (5) Scale 347 : (2018) 6 SCC 614 : 2018 (4) Supreme 131 C.A. No. 3543 of 2018 04-04-2018

Service Law - Recruitment Process - Re-verification of the answer scripts of all the candidates who participated in the selection conducted by the MPSC for Manipur Civil Services. Tongbram Bimolchand Singh v. Yumlembam Surjit Singh, JT 2018 (4) SC 305 : 2018 (6) Scale 585 : (2018) 6 SCC 564 C.A. No. 3752 of 2018 12-04-2018

Service Law - Recruitment Process - When there is variance in the advertisement and in the statutory rules, it is statutory rules which take precedence. Ashish Kumar v. State of Uttar Pradesh, 2018 (128) ALR 526 : 2018 (1) JLJR 369 : JT 2018 (2) SC 249 : 2018 (3) MLJ 219 : 2018 (2) PLJR 49 : 2018 (1) Scale 608 : (2018) 3 SCC 55 : 2018 (1) SCC (L&S) 464 : 2018 (1) Supreme 605 : 2018 (1) UPLBEC 330 bit.ly/CA170of2018 31-01-2018

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

Service Law - Retired from service as early as in 1996 - do not find this a fit case for interference. Eastern Coalfields Ltd. v. Bibhas Chandra Bakshi, C.A. No. 119 of 2011 25-10-2018

Service Law - Review Petitions - Dismissed. R. Balakrishna Bhat v. Bank of Baroda, 2018 (7) Scale 592 C.A. No. 3762 of 2014 16-05-2018

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 - Selection to the post of Police Constables from the candidates who are alleged to have used whitener / blade / eraser etc. Ashish Kumar Yadav v. State of Uttar Pradesh, 2018 (2) UPLBEC 1160 C.A. No. 3508 of 2018 03-04-2018

Service Law - Seniority - All India Institute of Medical Sciences (AIIMS). Dr. Akshya Kumar Bisoi v. All India Institute of Medical Sciences, AIR 2018 SC 1022 : 2018 (158) FLR 607 : JT 2018 (2) SC 152 : 2018 (2) Scale 172 : (2018) 3 SCC 391 : 2018 (1) SCC (L&S) 597 : 2018 (1) UPLBEC 295 W.P. (C) No. 1179 of 2017 06-02-2018

Service Law - Service under the Management - Can be terminated from service only after a show cause notice is issued and his explanation is considered. Lakshmi Narain Dubey v. State of Uttar Pradesh, 2018 (158) FLR 585 C.A. No. 3474 of 2018 02-04-2018

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 - Statutory Scheme as delineated by Chapter XXXII of Kerala Education Rules shall alone be applicable while making recruitment to the teaching posts and Rule 5 Note (3) of Kerala State and Subordinate Services Rules, 1958 is not attracted. V.K. Girija v. Reshma Parayil, C.A. No. 11829 of 2018 04-12-2018

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

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 - Teacher Grade III (General) - the marks as awarded by the Selection Committee for one of the questions was not correct - In the process of revision of the merit list, accordingly, the appellants were sought to be ousted. taking note of the fact that there are admittedly several vacancies in the State in the post of Teacher Grade-III (General) and taking further note of the fact that the appellants have been continuing even as on today to work in the same post and taking note of the fact that there are only 18 of them before this Court, this is a fit case for us to invoke our jurisdiction under Article 142 of the Constitution of India and give a quietus to the whole litigation. Munna Ram v. State of Rajasthan C.A. No. 7169 of 2014 08-02-2018

Service Law - Termination and Recovery of the Benefits - the High Court is not justified in passing such an omnibus order. There is no case for anybody leave alone the writ petitioners that at the time of entry in service, the appellants played any fraud. There was no case that the petitioners therein had played any fraud in obtaining the certificate or employment. In any case the appellants, it is pointed out that, even assuming that they do not belong to Scheduled Caste or Scheduled Tribe, fall either under the most backward or under the backward category, who were also entitled to some reservation at the time of recruitment. Gajanan Marotrao Nimje v. Reserve Bank of India, 2018 (14) Scale 637 C.A. No. 10396 of 2018 11-10-2018

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 - Termination Order - Reinstatement - Payment of Back Wages. Life Insurance Corporation of India v. Kalappa M. Sankad, JT 2018 (10) SC 292 : 2018 (14) Scale 103 C.A. No. 10574 of 2018 12-10-2018

Service Law - the decision of the Government to scrap the process of recruitment to the Indian Police Service (IPS) through the Limited Competitive Examination (LCE) cannot be termed to be arbitrary, discriminatory or capricious. Lt. Cdr. M. Ramesh v. Union of India Ministry of Defence, AIR 2018 SC 1965 : 2018 (3) AWC 3099 : JT 2018 (4) SC 290 : 2018 (6) Scale 29 : 2018 (4) Supreme 365 T.C. (C) No. 11 of 2017 17-04-2018

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 - Tuticorin Port Employees (Temporary Service) Regulations, 1979 - Reg. 2(e), 4, 5(1)(a)(b), 6 - “Pilot” - Qualification of Candidates – Termination Notice - Reinstatement with back wages. Chairman V.O. Chidambaranar Port Trust v. Capt. Paul Nadar Bennet Singh, C.A. No. 11902 of 2018 06-12-2018

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

Service Law - Whether the appointment of the respondent to the post of Veterinary Compounder, made by the Director Incharge at the relevant point of time without approval of the Competent Authority, was a nullity or a mere irregularity, which could be glossed over by the department to avert disruption of his services and; (ii) in any case, whether his services could be disrupted without giving him an opportunity of hearing. Union of India v. Raghuwar Pal Singh, AIR 2018 SC 1411 : JT 2018 (3) SC 290 : 2018 (3) MLJ 658 : 2018 (4) Scale 337 : 2018 (3) Supreme 510 C.A. No. 1636 of 2012 13-03-2018

Settlement - Parties have been in litigation for two decades - case relates to a dispute on reconveyance of property which was agreed to be resold to the appellant. Though several attempts have been made through several persons, the parties were not able to reach a final settlement - the parties have finally settled amicably their disputes in terms of the Settlement Agreement. R. Srinivasan v. V. Chandrasekaran, 2018 (8) Scale 70 C.A. No. 3993 of 2018 19-04-2018

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

Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Maharashtra) - S.4. Susme Builders Pvt. Ltd v. Chief Executive Officer, Slum Rehabilitation Authority, 2018 (2) ABR 155 : AIR 2018 SC 237 : 2018 (4) All.M.R. 396 : 2018 (1) Bom.C.R. 481 : JT 2018 (1) SC 93 : 2018 (4) Mh.L.J. 507 : 2018 (1) SCALE 104 : (2018) 2 SCC 230 : 2018 (1) Supreme 385 bit.ly/CA18121of2017 04-01-2018

Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 - Ss. 12(4) & 7. Amina Bi Kaskar v. Union of India, 2018 (2) RCR (Civil) 847 : 2018 (6) Scale 170 : 2018 (4) Supreme 382 C.A. No. 4252 of 2018 20-04-2018

Society - Multi-State Cooperative Societies Act, 2000. Writers and Publisher Pvt Ltd. v. A. K. Mishra Official, 2018 (7) Scale 521 Cont.P. (C) No. 1665 of 2017 17-05-2018

Special Leave Petition - The appeals and the special leave petition are allowed to be withdrawn without prejudice to any contention to be raised before the trial court in accordance with law. Naveen Kaushik v. Central Bureau of Investigation, 2018 (8) Scale 66 Crl.A. No. 1393 of 2013 26-04-2018

Specific Performance - Defendant had denied that he had received earnest money - High Court did not discuss the evidence at all and erred in setting aside the concurrent findings of both the Courts. Dalip Singh v. Bhupinder Kaur, JT 2018 (2) SC 486 : 2018 (3) Scale 361 : (2018) 3 SCC 677 : 2018 (2) Supreme 35 C.A. No. 2435 of 2018 23-02-2018

Specific Performance - Relief for specific performance is purely discretionary. Though the plaintiff has alleged that he was ready and willing to perform his part of the contract, the First Appellate Court ought to have examined first whether the plaintiff was able to show his capacity to pay the balance money the First Appellate Court as well as the High Court has not properly appreciated the evidence and the conduct of the parties - First Appellate Court as well as the High Court, was not right in reversing the judgment of the Trial Court and the impugned order cannot be sustained and liable to be set aside. Vijay Kumar v. Om Parkash, AIR 2018 SC 5098 : JT 2018 (10) SC 314 : 2018 (15) Scale 65 C.A. No. 10191 of 2018 03-10-2018

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

Specific Relief - Specific Performance. Harnek Singh v. Hukam Chand, 2018 (14) Scale 737 C.A. No. 786 of 2008 25-10-2018

Specific Relief Act, 1963 - S. 14 - Contracts not specifically enforceable - Whether Section 14(3)(c) of the Act is a bar to a suit by a developer for specific performance of a development agreement between himself and the owner of the property. Sushil Kumar Agarwal v. Meenakshi Sadhu, JT 2018 (11) SC 298 : 2018 (4) RCR (Civil) 775 : 2018 (13) Scale 778 bit.ly/CA1129of2012 09-10-2018

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

Specific Relief Act, 1963 - S. 20. Shivaji Yallappa Patil v. Ranajeet Appasaheb Patil, AIR 2018 SC 1961 : 2018 (3) ALD 203 : 2018 (129) ALR 905 : 2018 (2) RCR (Civil) 801 : 2018 (5) Scale 711 C.A. No. 5012 of 2008 16-04-2018

Specific Relief Act, 1963 - S.16(c) - Suit for Specific Performance - “readiness and willingness” - the plaintiff must plead and prove his readiness and willingness to perform his part of the contract all through i.e., right from the date of the contract till the date of hearing of the suit. P. Meenakshisundaram v. P. Vijayakumar, 2018 (129) ALR 295 : 2018 (3) CTC 428 : 2018 (5) Scale 229 C.A. No. 3353 of 2018 28-03-2018

Specific Relief Act, 1963 - S.21 - Power to award compensation in certain cases - When the court gets into equity jurisdiction, it would be guided by justice, equity, good conscience and fairness to both the parties. Urmila Devi v. Deity Mandir Shree Chamunda Devi Mohal Paddar, AIR 2018 SC 640 : 2018 (2) ALD 123 : 2018 (1) ALT 59 : 2018 (125) CLT 902 : JT 2018 (1) SC 307 : 2018 (4) Mh.L.J. 566 : 2018 (2) MLJ 360 : 2018 (3) MPLJ 277 : 2018 (2) PLJR 206 : 2018 (2) RCR (Civil) 35 : 2018 (1) Scale 297 : (2018) 2 SCC 284 : 2018 (2) SLT 239 : 2018 (1) Supreme 501 C.A. No. 462 of 2018 10-01-2018

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

Stamp Act, 1957 (Karnataka) - Ss. 33, 34, 37, 38, 39 - Examination and impounding of instruments - Instruments not duly stamped inadmissible in evidence - Instruments impounded how dealt with - Deputy Commissioner's power to refund penalty paid under sub­section (1) of section 37 - Deputy Commissioner's power to stamp instruments impounded - penalty imposed has to be 10 times. Gangappa v. Fakkirappa, C.A. No. 11932 of 2018 14-12-2018

Stay - In all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended. In cases where stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order. The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized. The trial Court where order of stay of civil or criminal proceedings is produced, may fix a date not beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced. Asian Resurfacing of Road Agency v. Central Bureau of Investigation, 2018(1) ACJ 772 : AIR 2018 SC 2039 : 2018 All SCR (Crl.) 659 : 2018 (2) Bom.C.R. (Cri.) 770 : 2018 Cri.L.R. 405 : 2018 (2) Crimes 225 : 2018 (248) DLT 244 : ILR 2018 (2) Ker. 79 : 2018 (2) JBCJ 235 : 2018 (2) JLJ 94 : 2018 (2) KarLJ 610 : 2018 (2) KLT 158 : 2018 (36) LCD 2237 : 2018 (2) RCR (Civil) 404 : 2018 (2) RCR (Criminal) 415 : 2018 (5) Scale 269 : 2018(1) SCCriR 425 http://bit.ly/CrlA1375of2013 28-03-2018

Succession Act, 1925 - Ss. 24, 25, 26 33, 47, 48 - Kindred or Consanguinity - Lineal Consanguinity - Collateral consanguinity - Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred - Where intestate has left neither lineal descendant, nor father, nor mother - Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister. B.C. Singh v. J.M. Utarid, AIR 2018 SC 2374 : 2018 (4) ALT 17 : 2018 (3) RCR (Civil) 49 C.A. No. 6935 of 2011 08-05-2018

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

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

Tamil Nadu Electricity Distribution Code, 2004 . D. Saravanan v. Superintending Engineer Tangedco Tneb Distribution Circle, AIR 2018 SC 2200 : JT 2018 (4) SC 347 : 2018 (5) MLJ 450 : 2018 (5) Scale 533 : (2018) 6 SCC 352 : 2018 (4) Supreme 520 C.A. No. 3763 of 2018 12-04-2018

Tax Law - All trade discounts are allowable as permissible deductions from total taxable turnover. Maya Appliances v. Addl. Commissioner of Commercial Taxes, AIR 2018 SC 810 : 2018 (2) AWC 1602 : JT 2018 (2) SC 286 : 2018 (2) Scale 293 : (2018) 2 SCC 756 C.A. No. 357-367 of 2018 06-02-2018

Tax Law - It was open to state legislatures to provide uniform rates of tax on goods involved in the execution of works contracts. Many state legislatures did so. The Karnataka legislature did so with effect from 1.4.2006, not earlier. State of Karnataka v. Durga Projects, 2018 (3) Scale 589 : (2018) 4 SCC 633 : 2018 (2) Supreme 153 C.A. No. 811 of 2018 06-03-2018

Tax Law - Section 19(5)(c) of the Tamil Nadu Value Added Tax Act, 2006, Act No. 32/2006 and Rule 10(9)(a) of the Tamil Nadu Value Added Tax Rules, 2007 are ultra vires of Articles 14, 19(1)(g), 256 and 301 of the Constitution of India as also the Central Sales Tax Act and whether Notice dated August 16, 2018 of the Revenue is liable to be quashed? TVS Motor Company Ltd. v. State of Tamil Nadu, AIR 2018 SC 5624 : 2018 (13) Scale 744 C.A. No. 10560 of 2018 12-10-2018

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 - Validity of the Goods and Services Tax (Compensation to States) Act, 2017 enacted by Parliament as well as the Goods and Services Tax Compensation Cess Rules, 2017, the Rules framed by the Central Government in exercise of power under Section 11 of the Goods and Service Tax (Compensation to States) Act, 2017 are under challenge in these cases. Union of India v. Mohit Mineral Pvt. Ltd., AIR 2018 SC 5318 : 2018 (13) Scale 800 C.A. No. 10177 of 2018 03-10-2018

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

Telecom Regulatory Authority of India Act, 1997 - to the extent royalties/compensation payable to the broadcasters under the Copyright Act are regulated in public interest by TRAI under the TRAI Act, the former shall give way to the latter. Star India Private Limited v. Department of Industrial Policy and Promotion, 2018 (14) Scale 651 C.A. No. 7326 of 2018 30-10-2018

Telegraph Rules - Telecom Disputes Settlement and Appellate Tribunal - levy penalty and interest. Union of India v. Tech Mahindra Business Services Ltd. (Formerly Known as Hutchinson Global Services Ltd., 2018 (14) Scale 473 C.A. No. 8732 of 2015 03-10-2018

Tenancy and Agricultural Lands Act, 1948 (Maharashtra) - Ss. 31A, 32G, 32F - termination of tenancy - Landlord’s right to terminate tenancy for personal cultivation and non agricultural purpose - Tenants deemed to have purchased land on tillers’ day - Right of tenant to purchase where landlord is minor, etc. Vasant Ganpat Padave (d) by Lrs. v. Anant Mahadev Sawant (dead) thru Lrs. C.A. No. 11774 of 2018 14-12-2018

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

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

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

Town Planning - Area development & Zoning Regulations - Local problems must be attended to locally. The High Court is a Constitutional Court. The State Court is best equipped to look into local matters, especially where the area development and zoning regulations of the state or the city are in question. Janhit Manch Through Its President Bhagvanji Raiyani v. State of Maharashtra, http://bit.ly/CA10192of2010 14-12-2018

Town Planning - Delhi Development Act, 1957 - S.11A - Delhi Development (Master Plan and Zonal Development Plan) Rules 1959 - Rr. 5& 7 - Public notice regarding preparation of Master Plan - Notice to and representation from local authorities. M.C. Mehta v. Union of India, JT 2018 (5) SC 383 : 2018 (8) Scale 42 W.P. (C) No. 4677 of 1985 24-05-2018

Town Planning - Haryana Urban Development Authority (HUDA) Act, 1977 - S.17 - 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. Dalip Singh v. State of Haryana, 2018 (14) Scale 278 C.A. No. 10718 of 2018 25-10-2018

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

Trade Unions Act, 1926 - S. 6 - not less than one-half of the total number of the office-bearers of every registered Trade Union in an unrecognised sector shall be persons actually engaged or employed in an industry with which the Trade Union is connected. All Escorts Employees Union v. State of Haryana, 2018 (158) FLR 586 : 2018 (5) Scale 30 M.A. No. 1744 of 2017 23-03-2018

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 - Gift - Whether a document styled as gift deed but admittedly executed for consideration, part of which has been paid and the balance promised to be paid, can be treated as formal document or instrument of gift - Whether a gift deed reserving the right of the donor to keep possession and right of enjoyment and enforceable after the death of the executant is a gift or a will. S. Sarojini Amma v. Velayudhan Pillai Sreekumar, AIR 2018 SC 5232 : JT 2018 (10) SC 488 : 2018 (14) Scale 339 http://bit.ly/CA10785of2018 26-10-2018

Transfer of Property Act, 1882 - Conditions imposed in contract for sale are not binding if not contained in the sale deed. Andhra Pradesh Industrial Infrastructure Corporation Ltd. v. SN. Raj Kumar, AIR 2018 SC 1981 ; JT 2018 (4) SC 204 : 2018 (5) MLJ 214 : 2018 (2) RCR (Civil) 788 : 2018 (5) Scale 461 : (2018) 6 SCC 410 : 2018 (4) Supreme 116 C.A. No. 3020 of 2018 10-04-2018

Transfer of Property Act, 1882 - S. 106 - Great Eastern Hotel (Acquisition of Undertaking) Act, 1980 - Ss. 3 (2) & 5 (1) - Great Eastern Hotel (Taking Over of Management) Act, 1975 - S. 2 (d). Apollo Zipper India Limited v. W. Newman and Co., AIR 2018 SC 2847 : 2018 (129) ALR 891 : 2018 (1) RCR (Rent) 512 : 2018 (6) Scale 203 : (2018) 6 SCC 744 C.A. No. 4249 of 2018 20-04-2018

Transfer of Property Act, 1882 - S. 111 - Zamindari Abolition and Land Reforms Act, 1950 (Uttar Pradesh). Gaurav Aseem Avtej v. U.P. State Sugar Corporation, 2018 ALT (Rev) 127 : 2018 (6) Scale 157 : (2018) 6 SCC 518 : 2018 (4) Supreme 427 C.A. No. 6919 of 2009 20-04-2018

Transfer of Property Act, 1882 - S. 58 (c) - To determine the nature of the document whether it is a mortgage by conditional sale or a sale deed with condition for reconveyance, the recitals in the document and the intention of the parties are relevant. Subhash Malhari Muneshwar v. Arvinde Anandrao Kadam, JT 2018 (10) SC 275 : 2018 (15) Scale 98 C.A. No. 6254 of 2010 10-10-2018

Transfer of Property Act, 1882 - S.60 - Civil P.C. 1908 - O.34 R.7 - Suit for Redemption of Mortgage - Court could not pass the decree for redemption without following the procedure for passing a preliminary decree and final decree. Jamila Begum (d) Thr. Lrs. v. Shami Mohd., C.A. No. 1007 of 2013 14-12-2018

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

Transfer of the Property Act, 1882 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - the right of redemption is available to a mortgagor unless it stands extinguished by an act of parties. The right of the mortgagor to redeem the property survives until there has been a transfer of the mortgagor’s interest by a registered instrument of sale. Dwarika Prasad v. State of U.P., AIR 2018 SC 1286 : 2018 (4) ALJ 226 : 2018 (129) ALR 220 : 2018 (2) CGLJ 129 : JT 2018 (3) SC 103 : 2018 (4) MLJ 57 : 2018 (2) RCR (Civil) 359 : 2018 (3) Scale 610 : (2018) 5 SCC 491 : 2018 (2) Supreme 436 C.A. No. 148 of 2018 06-03-2018

Trial Court Record - Courts may send photocopy/scanned copy of the record and retain the original. Asian Resurfacing of Road Agency v. Central Bureau of Investigation, 2018 (2) KLT 782 : 2018 (7) Scale 256 http://bit.ly/CrlA1376of2013 25-04-2018

Tribunal System - Restructuring of. Rojer Mathew v. South Indian Bank, 2018 (13) GSTL 129 : 2018 (7) Scale 29 S.L.P. (C) No. 15804 of 2017 07-05-2018

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

UGC (Minimum Standards and Procedure) Regulations 2009 - NET qualification is now minimum qualification for appointment of Lecturer and exemption granted to M.Phil. degree holders have been withdrawn and exemption is allowed only to those Ph.D. degree holders who have obtained the Ph.D. degree in accordance with 11.7.2009 regulations. State of Madhya Pradesh v. Manoj Sharma, 2018 (4) All.M.R. 441 : AIR 2018 SC 1148 : 2018 (2) JLJ 53 : JT 2018 (2) SC 20 : 2018 (2) MPJR 97 : 2018 (1) Scale 465 : (2018) 3 SCC 329 : 2018 (1) Supreme 344 C.A. No. 871 of 2018 25-01-2018

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

Value Added Tax Act, 2006 (Tamil Nadu) - S. 19 (11) - there is no power conferred on any authority under the Act to dilute the mandatory requirement under Section 19(11). The taxing statute has to be strictly construed. ALD Automotive Pvt. Ltd. v. Commercial Tax Officer Now Upgraded As The Assistant Commissioner (CT), AIR 2018 SC 5235 : 2018 (13) Scale 725 C.A. No. 10412 of 2018 12-10-2018

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 - 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

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

Will - Suspicious circumstance surrounding the genuineness of the Will. Mohan Lal v. Nandlal, AIR 2018 SC 1889 : 2018 (3) ALD 176 : 2018 (4) MLJ 350 : (2018) 5 SCC 459 : 2018 (4) Supreme 110 C.A. No. 5887 of 2009 21-03-2018

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

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

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