135 Important Supreme Court Judgments January 2019

Insolvency and Bankruptcy Code, 2016 - A resolution plan which has been approved or rejected by an order of the Adjudicating Authority, has to be sent to “participants” which would include members of the erstwhile Board of Directors. Rohinton Fali Nariman & Navin Sinha, JJ. Vijay Kumar Jain v. Standard Chartered Bank, JT 2019 (2) SC 583 : 2019 (1) RCR (Civil) 865 : 2019 (2) SCALE 352 C.A. No. 8430 of 2018 31-01-2019


Presidency Small Cause Courts Act, 1882 - S. 41 - Counter­ Claim - Not maintainable - Whether it is a suit between the licensor and the licensee or between the landlord and the tenant, such types of suits fall under Section 41 of the Small Cause Courts Act and are, therefore, cognizable by the Courts of Small Causes. Abhay Manohar Sapre & R. Subash Reddy, JJ. Mahadev P. Kambekar v. Shree Krishna Woolen Mills, 2019 (2) SCALE 345 C.A. No. 5753 of 2011 31-01-2019

Constitution of India - Arts. 226 & 227 - No writ petition can be entertained for issuance of any writ against any private individual in respect of any private property dispute. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. N. Sankaranarayanan v. Chairman, Tamil Nadu Housing Board, JT 2019 (1) SC 607 : 2019 (2) SCALE 341 C.A. No. 7390 of 2009 31-01-2019

Civil P.C. 1908 - Interpretation of any terms and conditions of a document constitutes a substantial question of law within the meaning of Section 100 of the Code. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Rajendra Lalitkumar Agrawal v. Ratna Ashok Muranjan, JT 2019 (2) SC 93 : 2019 (1) RCR (Civil) 863 : 2019 (2) SCALE 338 C.A. No. 1331 of 2019 31-01-2019

Land Law - Mutation of a land in the revenue records does not create or extinguish the title over such land nor it has any presumptive value on the title. It only enables the person in whose favour mutation is ordered to pay the land revenue in question. Abhay Manohar Sapre & R. Subash Reddy, JJ. Bhimabai Mahadeo Kambekar v. Arthur Import & Export, JT 2019 (2) SC 92 : 2019 (2) SCALE 336 C.A. No. 1330 of 2019 31-01-2019

Penal Code, 1860 - Ss. 143, 147, 323 r/w. 149, 325 - Police Act, 1951 (Bombay) - S. 135 - Scope of Section 378 (3) Cr.P.C. R. Banumathi & R. Subhash Reddy, JJ. State of Maharashtra v. Shankar Ganapati Rahatol, 2019 (2) SCALE 775 Crl.A. No. 799 of 2010 31-01-2019

Penal Code, 1860 - Ss. 302 r/w. 34 - Imprisonment for Life - Concurrent Findings that non-recovery or non-production of weapon would not materially affect the case of the prosecution - Not find any ground warranting interference with the concurrent findings of the Trial court and the High Court - Appeals dismissed. R. Banumathi & R. Subhash Reddy, JJ. Kalua @ Koshal Kishore v. State of Rajasthan, 2019 (1) RCR (Criminal) 1001 Crl.A. No. 138 of 2010 31-01-2019

Cantonment Act, 1924 - S. 60 - Jurisdiction and Authority of the Cantonment Board to impose and levy toll tax - Following the enactment of Cantonment Act, 2006 the Cantonment Board would be authorized to impose the levy as per Section 67(e) of the Cantonment Act, 2006. Ranjan Gogoi (CJI), Deepak Gupta & Sanjiv Khanna, JJ. Cantonment Board v. Gajraj Singh, 2019 (2) SCALE 442 C.A. No. 2541 of 2006 31-01-2019

Insurance Law - Except in cases where the agreement on part of the Insurance Company is brought about by fraud, coercion or misrepresentation or cases where principle of uberrima fide is attracted, the parties are bound by stipulation of a particular figure as sum insured. Uday Umesh Lalit & R. Subhash Reddy, JJ.  Sumit Kumar Saha v. Reliance General Insurance, 2019 (2) SCALE 253 C.A. No. 1299 of 2019 30-01-2019

Cooperative Societies Act, 2003 (Delhi) - Ss. 74(e), (f), (k), 80, 91, 131 & 141 - "co-operative housing society" - "dwelling unit" - "occupancy right" - Permission for transfer of occupancy right not to be ordinarily refused and provision for appeal - Saving of existing co­operative societies - Repeal and savings - Discussed. A.M. Khanwilkar & Ajay Rastogi, JJ. Delhi Dayalbagh Cooperative House Building Society Ltd. v. Registrar Cooperative Societies, 2019 (1) RCR (Civil) 833 : 2019 (2) SCALE 230 C.A. No. 1313 of 2019 30-01-2019

Cooperative Societies Act, 2003 (Delhi) - Ss. 94 & 112 - Alternative Remedy of Statutory Appeal - Disposed of. A.M. Khanwilkar & Ajay Rastogi, JJ. Delhi Dayal Bagh House Building Society v. Regitrar, Co-operative Societies, 2019 (2) SCALE 251 C.A. No. 1316 of 2019 30-01-2019

Legitimate Expectation - Unless a legal obligation exists, there cannot be any legitimate expectation. The legitimate expectation is not a wish or a desire or a hope, therefore, it cannot be claimed or demanded as a right. D.Y. Chandrachud & Hemant Gupta, JJ. State of Bihar v. Dr. Sachindra Narayan, 2019 (2) SCALE 327 C.A. No. 884 of 2019 30-01-2019

Essential Commodoties Act, 1955 - S.3 - Sugarcane (Control) Order, 1966 - Cl. 6 & 11 - Whether the State Government or its authority i.e. the Cane Commissioner can reserve an area within the State to feed the sugarcane requirement of a factory located outside the State - Held, the State Government would be empowered to reserve an area within its boundaries, even though a factory which is to be fed by the sugarcane grown in that area or purchased from that area may be outside the State. Ranjan Gogoi (CJI), Deepak Gupta & Sanjiv Khanna, JJ. Lakshmi Sugar Mill, Uttaranchal v. State Of Uttar Pradesh, 2019 (2) SCALE 443 C.A. No. 5955 of 2005 30-01-2019

Rent Control Act, 2001 (Rajasthan) - Ss. 4, 6, 7, 9 & 14 - Premises (Control of Rent and Eviction) Act, 1950 (Rajasthan) - Rent to be as agreed - Revision of rent in respect of existing tenancies - Revision of rent in respect of new tenancies - Procedure for revision of rent - Fixation of Standard Rent. Ashok Bhushan & K.M. Joseph, JJ. Harbans Kaur v. Iqbal Singh, 2019 (1) RCR (Rent) 221 : 2019 (2) SCALE 193 C.A. No. 12561 of 2017 29-01-2019

Rajya Suraksha Adhiniyam, 1990 (Madhya Pradesh) - Ss. 3, 4, 13 & 18 - Power to make restriction order - Dispersal of gangs and bodies of persons - Power of externment of State Government - Delegation of power and duties of District Magistrates. Ashok Bhushan & K.M. Joseph, JJ. State of Madhya Pradesh v. Dharmendra Rathore, JT 2019 (1) SC 530 : 2019 (2) SCALE 187 Crl.A. No. 171 of 2019 29-01-2019

Companies Act, 1956 - Ss. 433(e) & 434 - A winding up proceeding initiated under the Act is not a means of seeking to enforce payment of a debt. Rohinton Fali Nariman & Navin Sinha, JJ. Swaraj Infrastructure Pvt. Ltd. v. Kotak Mahindra Bank Ltd., 2019 (2) SCALE 171 C.A. No. 1291 of 2019 29-01-2019

Possession - A person who asserts possessory title over a particular property will have to show that he is under settled or established possession of the said property. But merely stray or intermittent acts of trespass do not give such a right against the true owner. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Poona Ram v. Moti Ram, 2019 (2) SCALE 207 C.A. No. 4527 of 2009 29-01-2019

Foreign Exchange Management Act, 1999 - the appellate forum for deciding the appeals arising out of the order passed under Section 51 of FERA whether filed prior to 01.06.2000 or filed after 01.06.2000 must be the same, i.e., Appellate Tribunal under FEMA. Abhay Manohar Sapre & Indira Banerjee, JJ. Union of India v. Premier Limited, 2019 (2) SCALE 373 C.A. No. 3529 of 2008 29-01-2019

Petroleum and Natural Gas Regulatory Board Regulations Act, 2006 - Ss. 2 (d), 2 (i), 16, 17 - Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand City or Local Natural Gas Distribution Networks) Regulations, 2008 - Reg. 18 - “authorised entity” - “city or local natural gas distribution network” - Authorisation - Application for Authorisation - Setting up of Natural Gas Distribution Networks within India - Gas Distribution Network (‘GDN’) - No Objection Certificate (‘NOC’). Arun Mishra & Vineet Saran, JJ. Adani Gas Limited v. Union of India, 2019 (2) SCALE 213 C.A. No. 1261 of 2019 29-01-2019

Railways Act, 1989 - Ss. 123 & 124 A - The Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 - “untoward incident” - Principle of Strict Liability - The amount of compensation payable on the date of accident with reasonable rate of interest shall first be calculated.  Uday Umesh Lalit & Indira Banerjee, JJ. Union of India v. Radha Yadav, JT 2019 (2) SC 95 : 2019 (1) RCR (Civil) 916 : 2019 (2) SCALE 323 C.A. No. 1265 of 2019 29-01-2019

Civil P.C. 1908 - A claimant seeking a decree of khatedari rights is barred from filing a suit in the civil court prior to their khatedari right being decreed by a revenue court when the relief sought for by the civil court includes a determination of khatedari rights. Uday Umesh Lalit & D.Y. Chandrachud, JJ. Pyarelal v. Shubhendra Pilania, 2019 (2) SCALE 492 C.A. No. 1269 of 2019 29-01-2019

Air Force Act, 1950 - Premature Separation from Service (PSS) - The determination of the number of PSS applications that should be granted is based on a careful exercise of assessing the manpower requirements of the Air Force. D.Y. Chandrachud & Hemant Gupta, JJ. Union of India v. Wg. Cdr. Subrata Das (19942-H), 2019 (2) SCALE 385 C.A. No. 10953 of 2014 29-01-2019

Penal Code, 1860 - Ss. 406 & 498A - Framing of Charge - At the stage of framing of charge, the court is concerned only with the aspect that there is prima facie materials presuming that the accused has committed the offence. At the initial stage the court is not called upon to examine the sufficiency or otherwise of the materials produced by the prosecution and also to examine whether the same are sufficient to sustain the conviction of the accused thereon. R. Banumathi & R. Subhash Reddy, JJ. Pallavi v. State of U.T. Chandigarh, Crl.A. No. 176 of 2019 29-01-2019

Judicial Service - Cut-off date - the validity of the Rule cannot be made to depend on cases of individual hardship which inevitably arise in applying a principle of general application. D.Y. Chandrachud & Hemant Gupta, JJ. Hirandra Kumar v. High Court of Judicature at Allahabad, 2019 (2) Scale 752 W.P. (C) No. 1343 of 2018 29-01-2019

Specific Performance - A finding on the issue of readiness and willingness is one of the important and relevant findings in a suit for specific performance of an agreement. Abhay Manohar Sapre & Indu Malhotra, JJ. Vijay A. Mittal v. Kulwant Rai, JT 2019 (1) SC 611 : 2019 (2) SCALE 151 C.A. No. 5177 of 2009 28-01-2019

Evidence Law - Testimony being natural and consistent and without any contradiction as against the version stated in FIR, the same deserves to be believed. Abhay Manohar Sapre & Indu Malhotra, JJ. Satya Raj Singh v. State of Madhya Pradesh, JT 2019 (2) SC 1 : 2019 (2) SCALE 161 Crl.A. No. 1314 of 2013 28-01-2019

Transfer of Property Act, 1882 - If the parties really intended to surrender their tenancy rights as contemplated in clauses (e) or (f) of Section 111 of the TP Act while entering into an agreement to sell the suit house, it would have made necessary provision to that effect by providing a specific clause in the agreement. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Dr. H.K. Sharma v. Ram Lal, 2019 (1) RCR (Rent) 227 : 2019 (2) SCALE 165 C.A. No. 1237 of 2019 28-01-2019

Advocates’ Act, 1961 - S. 34(1) - Autonomy of the Bar in the disciplinary matters cannot be taken over by the Courts. Arun Mishra & Navin Sinha, JJ. R. Muthukrishnan v. Registrar General of High Court of Judicature at Madras, 2019 (2) SCALE 263 W.P. (C) No. 612 of 2016 28-01-2019

Penal Code, 1860 - Ss. 302, 364 & 379 - Custody of Vehicle - Magistrate was right in ordering the return of the vehicle to the wife of the deceased. R. Banumathi & R. Subhash Reddy, JJ. C. Shanmugavel v. Eswari, 2019 (1) RCR (Criminal) 917 Crl.A. No. 164 of 2019 28-01-2019

Insolvency and Bankruptcy Code, 2016 - Constitutional validity of various provisions. R.F. Nariman & Navin Sinha, JJ. Swiss Ribbons Pvt. Ltd. v. Union of India, JT 2019 (2) SC 125 : 2019 (2) SCALE 5 W.P. (C) No. of 2018 25-01-2019

Constitution of India - Art. 32 - No writ lies at the instance of any employee or the employer for claiming enforcement of any personal contractual rights inter se the employee and his employer. Abhay Manohar Sapre & R. Subhash Reddy, JJ. Ramesh Sanka v. Union of India, JT 2019 (2) SC 15 : 2019 (2) SCALE 125 W.P. (Crl.) No. of 2018 25-01-2019

Judicial Services - Adhoc Fast Track Court - District Judge - Rules of Andhra Pradesh State High Judicial Service Special Rules for Ad hoc appointment 2001 - Rule 6. A.K. Sikri & S. Abdul Nazeer, JJ. High Court of Hyderabad For State of Telangana and State of Andhra Pradesh, Thr. Its Registrar General Etc. v. P. Murali Mohana Reddy, JT 2019 (2) SC 5 : 2019 (2) SCALE 115 C.A. No. 73 of 2019 25-01-2019

Criminal P.C. 1973 - S. 391 - When Statute grants right to appeal to an accused, he has right to take all steps and take benefit of all powers of the Appellate Court in the ends of the justice. In a criminal case Appellate Court has to consider as to whether conviction of the accused is sustainable or the appellant has made out a case for acquittal. The endeavour of all Courts has to reach to truth and justice. Ashok Bhushan & K.M. Joseph, JJ. Brig. Sukhjeet Singh (Retd), MVC v. State of Uttar Pradesh, JT 2019 (2) SC 18 : 2019 (1) RCR (Criminal) 895 : 2019 (2) SCALE 104 Crl.A. No. 148 of 2019 25-01-2019

Penal Code, 1860 - S. 379A - “mobile snatching” - When the mobile phone was allegedly snatched from PW-1, he would have seen the accused only for few seconds. It is doubtful whether he would have been in a position to identify the accused. Having regard to the passage of time between the occurrence and the identification of the accused for the first time in the court by PW-1 becomes highly doubtful. This is more so, when the said mobile phone was recovered only at the behest of the disclosure statement of the co-accused. The benefit of doubt has to be given to the accused. R. Banumathi & R. Subhash Reddy, JJ. Suraj Pal v. State of Haryana, 2019 (1) RCR (Criminal) 919 Crl.A. No. 146 of 2019 25-01-2019

Criminal P.C. 1973 – S. 319 - Power to proceed against other persons appearing to be guilty of offence, though not accused before the Court. L. Nageswara Rao & Mohan M. Shantanagoudar, JJ. Dev Wati v. State of Haryana, 2019 (1) SCALE 715 Crl.A. No. 134 of 2019 24-01-2019

Customs Act, 1962 - Ss. 112 (a), 114AA & 125 - Foreign Trade (Development and Regulation) Act, 1992 - S. 11 (8) & (9) - Foreign Trade (Regulation) Rules, 1993 - R. 17 (2) - Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 - Rule 15(1)(2) - Multi­-Function Devices (Digital Photocopiers and Printers) (MFDs) - Violation of the Foreign Trade Policy - Redemption Fine - Consignment released for Re-­export only - Penalty was imposed on the Directors - The Multi­-Function Devices (Digital Photocopiers and Printers) (MFDs) were not prohibited but restricted items for import. Ranjan Gogoi (CJI), Navin Sinha & K.M. Joseph, JJ. Commissioner of Customs v. Atul Automations Pvt Ltd., 2019 (1) SCALE 686 C.A. No. 1057 of 2019 24-01-2019

Penal Code 1860 - S. 149 - Once a common object of an unlawful assembly is established, it is not necessary that all persons who form the unlawful assembly must be demonstrated to have committed the overt act. The common object is ascertained from considering the acts of its members and on the basis of all surrounding circumstances. D.Y. Chandrachud & Vineet Saran, JJ. Munishamappa v. State of Karnataka, JT 2019 (1) SC 515 : 2019 (1) SCALE 721 Crl.A. No. 96 of 2011 24-01-2019

Penal Code, 1860 - Section 302 - Extra Judicial Confession of the Accused - Circumstances of motive, abduction by accused, conspiracy and recovery are not proved beyond reasonable doubt - The extra-judicial confession gives an impression that the same has been generated to make the courts believe the case against the appellant. The extra-judicial confession is suspiciously full of facts, and graphically discloses the antecedents of Accused No.1, the situation of his house and what happened prior to the incident in question and thereafter. It is recorded in nearly five full pages, and not only speaks about the motive to kill, but also gives graphic details of how each of the accused attacked the deceased - the extra-judicial confession placed on record cannot be relied upon. Mohan M. Shantanagoudar & Dinesh Maheswari, JJ. Chakarai @ Chakaravarthi v. State Rep By Inspector of Police, 2019 (1) RCR (Criminal) 909 : 2019 (2) SCALE 203 Crl.A. No. 1016 of 2010 24-01-2019

Agricultural Produce Marketing (Regulation) Act, 1963 (Maharashtra) - S. 2(1)(a) - Interpretation of the term “Agricultural Produce” - “edible oil”, “Vanaspati” and “sugar” are agricultural produce within the meaning of Section 2(1) (a) of the Marketing Act. R. Banumathi & R. Subhash Reddy, JJ. Britannia Industries Ltd. v. Bombay Agricultural Produce Mkt., 2019 (2) SCALE 749 C.A. No. 1746 of 2010 24-01-2019

National Register of Citizens - Both the processes i.e. the preparation of final NRC and the election should receive equal importance and proceeded with simultaneously without one affecting the other. Ranjan Gogoi (CJI) & Rohinton Fali Nariman, J. Assam Public Works v. Union of India, 2019 (1) SCALE 746 W.P. (C) 274 of 2009 24-01-2019


Service Law - Reinstatement - there was no challenge to the regular selections made during the pendency of the writ petition by G or anyone else. When two regular principals have already joined and worked during the period when the writ petition remained pending, High Court committed error in directing for reinstatement of G with 50% back wages. Direction of reinstatement itself was unfounded. Looking to the very nature of the appointment of G who was only an Incharge, Principal in view of the subsequent development as noticed above, there was no question of direction of reinstatement of G on the post of Incharge Principal. The judgment of the High Court is unsustainable and deserves to be set aside. Ashok Bhushan & K.M. Joseph, JJ. Gopinath v. Harischandra, 2019 (2) SCALE 444 C.A. No. 6308 of 2013 24-01-2019

Penal Code, 1860 - Ss. 302 & 325 r/w. 34 - Police Act 1951 (Bombay) - Ss. 37 & 135 - Since the incident had been preceded by a quarrel, the case would not attract the provisions of Section 302. Dr. Dhananjaya Y. Chandrachud & Hemant Gupta, JJ. Raju Ambadas Gangekar v. State of Maharashtra, 2019 (2) SCALE 768 Crl.A. No. 1961 of 2009 24-01-2019

Hindu Succession Act, 1956 - S. 30 - Testamentary Succession - Section 30 of the Act permits the disposition by way of Will of a male Hindu in a Mitakshara coparcenary property. A.M. Khanwilkar & Ajay Rastogi, JJ. Radhamma v. H.N. Muddukrishna, JT 2019 (1) SC 482 : 2019 (1) KarLJ 798 : 2019 (1) RCR (Civil) 819 : 2019 (1) SCALE 617 C.A. No. 7092 of 2010 23-01-2019

Arbitration and Conciliation Act, 1996 - Mere neglect of an arbitrator to act or delay in passing the award by itself cannot be the ground to appoint another arbitrator in deviation from the terms agreed to by the parties. R. Banumathi & Indira Banerjee, JJ. Rajasthan Small Industries Corportion Limited v. M/s Ganesh Containers Movers Syndicate, 2019 (1) SCALE 670 C.A. No. 1039 of 2019 23-01-2019

Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertakings Act, 1993 - Act shall apply with regard to supplies made after the date of enforcement of Act i.e. 23.03.1992. A.K. Sikri, Ashok Bhushan & S. Abdul Nazeer, JJ. Shanti Conductors (P) Ltd. v. Assam State Electricity Board, JT 2019 (1) SC 486 : 2019 (1) SCALE 747 C.A. No. 8442 of 2016 23-01-2019

Contract Law - Tender - the words used in the tender document cannot be ignored or treated as redundant or superfluous – they must be given meaning and their necessary significance. Rohinton Fali Nariman & Navin Sinha, JJ. Vidarbha Irrigation Development Corporation v. M/s Anoj Kumar Agarwala, 2019 (2) SCALE 134 C.A. No. 1049 of 2019 23-01-2019

Penal Code, 1860 - Ss. 449 & 302 r/w. 34 - Investigating Officer deposed that after the seizure of the knives, the same were not sealed at all, and he merely put them in a box and sent the same to the Judicial Magistrate. Such procedure adopted by the prosecution is highly improper and illegal, inasmuch as the box could have been opened at any stage by anybody and the weapon tampered with or replaced. Hence, the aspect of recovery is not proved in accordance with law. Mohan M. Shantanagoudar & Dinesh Maheswari, JJ. Malaichamy v. State of Tamil Nadu, 2019 (1) Crimes 98 : 2019 (2) SCALE 128 Crl.A. No. 1932 of 2010 23-01-2019

Penal Code, 1860 - Ss. 120B, 396, 397, 302, 201, 109 r/w. 149 - Death Sentence - Taking into account the circumstances in which the crime was committed and the fact that the charges against three of the co-accused have failed, the sentence imposed on the accused No.2 ought to be commuted to one of imprisonment for life. Ranjan Gogoi (CJI). L. Nageswara Rao & Sanjiv Khanna, JJ. Basavaraj @ Basya v. State of Karnataka, 2019 (2) SCALE 318 Crl.A. 1031 of 2016 23-01-2019

Service Law - Eligibility of the candidates must be decided with reference to the qualification possessed as on the cut-off date and the qualification acquired later in point of time cannot make a candidate eligible. Ashok Bhushan & K.M. Joseph, JJ. Rakesh Bakshi v. State of Jammu and Kashmir, 2019 (1) SCALE 570 C.A. No. 235 of 2019 22-01-2019

Employee’s Compensation Act, 1923 - Workmen’s Compensation (Amendment) Act, 2009 - Doctrine of “notional extension” - Rejection of their claim for compensation - Merely because the deceased was coming down the roof of the bus after having his meal, cannot be considered in isolation and interpreted so myopically to hold that he was off duty and therefore would not be entitled to compensation. Arun Mishra & Navin Sinha, JJ. Leela Bai v. Seema Chouhan, AIR 2019 SC 586 : JT 2019 (3) SC 133 : 2019 (1) SCALE 566 C.A. No. 931 of 2019 22-01-2019

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Prescription of disability to the extent of 40%-50% for recruitment for the post of Civil Judge (Junior Division) was valid and does not contravene any of the provisions of the Act, 1995 or any other statutory provision. Ashok Bhushan & K.M. Joseph, JJ. V. Surendra Mohan v. State of Tamil Nadu, JT 2019 (1) SC 419 : 2019 (1) SCALE 621 C.A. No. 83 of 2019 22-01-2019

Muslim Law - A marriage according to Muslim law is not a sacrament but a civil contract. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Mohammed Salim (d) Through Lrs. v. Shamsudeen (dead) Through Lrs., JT 2019 (1) SC 385 : 2019 (1) SCALE 575 C. A. No. 5158 of 2013 22-01-2019

Contempt of Court - Compensation - Payment - Decree Holder. A.K. Sikri & S. Abdul Nazeer & M. R. Shah, JJ. Yatinder Kumar Aggarwal v. Mukund Swarup,  2019 (1) RCR (Civil) 814 : 2019 (1) SCALE 594 Cont.P. (Crl.) No. 2 of 2012 22-01-2019

Property Tax - Bye Laws - Constitutional Validity. A.K. Sikri & S. Abdul Nazeer & M.R. Shah, JJ. New Delhi Municipal Council v. Association of Concerned Citizens of New Delhi, 2019 (1) SCALE 638 C.A. No. 903 of 2019 22-01-2019

Evidence Act, 1872 - Section 4 - "conclusive proof" - When the enactment enjoins that any evidence would be treated as a conclusive proof of certain factual situation or legal hypothesis, the law would forbid other evidence to be adduced for the purpose of contradicting or varying the aforesaid conclusiveness. S. Abdul Nazeer & Deepak Gupta, JJ. State of Kerala v. Mohammed Basheer, 2019 (1) KLT 386 : 2019 (1) SCALE 588 C.A. No. 10075 of 2014 22-01-2019

Forest Law - Private Forests (Vesting and Assignment) Act, 1971 (Kerala) - S. 8 - No forest trees are found in the schedule property - the schedule property is not a private forest as defined under the KPF Act. S. Abdul Nazeer & Deepak Gupta, JJ. State of Kerala v. Padalooiyil Mary Antony, JT 2019 (2) SC 479 : 2019 (1) SCALE 586 C.A. No. 10563 of 2014 22-01-2019

Criminal P.C. 1973 - S. 482 - Quashing of Complaint - Cheating - Sale of Plot - Once the Investigating Officer submitted the Final Report on conclusion of the investigation, the High Court was not justified in interfering with the criminal proceedings in exercise of power under Section 482 of the Cr.PC and particularly when in the Final Report it was specifically concluded on the basis of the material on record that a prima facie case is made out for the offences alleged against the accused persons. L. Nageswara Rao & M.R. Shah, JJ. Saraswatibai v. Lalitabai, JT 2019 (1) SC 394 : 2019 (1) SCALE 583 Crl.A. No. 118 of 2019 22-01-2019

Town Planning - Nagpur Improvement Trust Act 1936 - Maharashtra Regional Town Planning Act, 1966 - Section 39 - NIT (Land Disposal) Rules, 1983 - Rule 5 (2) - Object and purpose of MRTP Act - Variation of town planning scheme by development plan - Merely because to avoid any further legal complication, if the NIT has modified the Scheme that would not preclude the NIT and/or the original land owners/developers to challenge the impugned judgment and order. A.K. Sikri, Ashok Bhushan, M.R. Shah, JJ. Nagpur Improvement Trust v. Bombaywala, 2019 (1) SCALE 598 C.A. No. 937 of 2019 22-01-2019

Penal Code, 1860 - Ss. 302 r/w. 34 & 201 - deceased provoked the accused No.1 by uttering the word ‘prostitute’. In our society, no lady would like to hear such a word from her husband. Most importantly, she would not be ready to hear such a word against her daughters. The incident is a result of a sudden and grave provocation by the deceased. Since the body came to be transported by the accused to a different place in order to hide the offence, the accused are rightly convicted for offence under Section 201 of IPC. Mohan M. Shantanagoudar, Dinesh Maheswari JJ. Nawaz v. State Rep. By Inspector of Police, 2019 (1) Crimes 46 : 2019 (1) SCALE 718 Crl. A. No. 1941 of 2010 22-01-2019

Companies Act, 2013 - S. 434 - Insolvency & Bankruptcy Code, 2016 - S. 9 - Companies (Transfer of Pending Proceedings) Rules, 2016 - R. 5 - Companies (Court) Rules, 1959 - Rr. 26 & 27 - Transfer of certain pending proceedings - Transfer of pending proceedings of Winding up on the ground of inability to pay debts - Service of petition - Notice of petition and time of service. Rohinton Fali Nariman & Navin Sinha, JJ. Forech India Ltd. v. Edelweiss Assets Reconstruction Co. Ltd., 2019 (2) SCALE 142 C.A. No. of 2018 22-01-2019

Service Law - The seniority of the part time chowkidars who are granted daily wage status will be counted from the date of completion of ten years as part time chowkidars though without any financial benefits for the past. D.Y. Chandrachud & Hemant Gupta, JJ. State of Himachal Pradesh v. Pinju Ram, 2019 (2) SCALE 763 C.A. No. 898 of 2019 22-01-2019

Injunction - Violation of the order of injunction is a serious matter and unless there is a clear evidence that the party has wilfully disobeyed the order of the court, the party cannot be punished for disobedience and sent to imprisonment. R. Banumathi & R. Subhash Reddy, JJ. Ramasamy v. Venkatachalapathi, 2019 (1) RCR (Civil) 918 C.A. No. 932 of 2019 22-01-2019

Rent Control and Eviction - Accommodation Control Act, 1961 (Madhya Pradesh) - Section 23J (ii) - the classification of retired persons by inclusion of one class i.e. Government service etc. and exclusion of another i.e. of Municipal Corporation, would render the provisions of Section 23-J(ii) constitutionally fragile. Ranjan Gogoi (CJI), L. Nageswara Rao, Sanjiv Khanna, JJ. Subhash Chandra (d) Thr. Lrs. v. Gulab Bai, 2019 (1) SCALE 697 C.A. No. 1696 of 2016 22-01-2019

Legislation - Power to frame regulations is of a legislative nature. A body which is entrusted with the task of framing subordinate legislation has a range of options including policy options. If on an appraisal of all the guiding principles, it has chosen a particular line of logic or rationale, this Court ought not to interfere. D.Y. Chandrachud & Hemant Gupta, JJ. Reliance Infrastructure v. State of Maharashtra, AIR 2019 SC 567 : JT 2019 (1) SC 396 : 2019 (1) SCALE 507 C.A. No. 879 of 2019 21-01-2019

Service Law - The Rajasthan State Sports Council Service Rules, 2006 - Rule 9 (4) does not indicate that the vacancies must be filled in on the basis of Rules as they prevail in the year in which they have occurred. D.Y. Chandrachud & Hemant Gupta, JJ. Rajasthan State Sports Council Secretary v. Uma Dadhich, 2019 (3) SCALE 90 C.A. No. 883 of 2019 21-01-2019

Service Law - Annual Confidential Report (ACR) - Every entry in ACR - poor, fair, average, good or very good - must be communicated to him/her within a reasonable period. D.Y. Chandrachud & Hemant Gupta, JJ. Anil Kumar v. Union of India, 2019 (2) SCALE 501 C.A. No. 888 of 2019 21-01-2019

Civil Procedure Code, 1908 - S. 144 - Application for Restitution - Section 144 applies to a situation where a decree or an order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose. D.Y. Chandrachud & Hemant Gupta, JJ. Murti Bhawani Mata Mandir v. Rajesh, AIR 2019 SC 679 : 2019 (1) RCR (Civil) 935 : 2019 (2) SCALE 555 C.A. No. 880 of 2019 21-01-2019

Penal Code, 1860 - S. 306 - The incident of slapping by the accused cannot be the sole ground to hold him responsible for instigating the deceased to commit suicide. L. Nageswara Rao, M.R. Shah, JJ. Rajesh v. State of Haryana, AIR 2019 SC 478 : JT 2019 (1) SC 360 : 2019 (1) KLJ 434 : 2019 (1) RCR (Criminal) 847 : 2019 (1) Scale 492 Crl.A. No. 93 of 2019 18-01-2019

Penal Code, 1860 – Ss. 302, 363, 366 & 376(2)(i) - Criminal P.C. 1973 - S. 354(3) - Special Reasons to impose Death Penalty. S.A. Bobde, L. Nageswara Rao, R. Subhash Reddy, JJJ. Nand Kishore v. State of Madhya Pradesh, JT 2019 (1) SC 364 : 2019 (1) Scale 500 Crl.A. No. 94 of 2019 18-01-2019

Divorce - Mediation - Settlement - 4.5 crores paid to Wife - Criminal proceedings pending against the ­husband quashed. N.V. Ramana, Sanjay Kishan Kaul, Mohan M. Shantanagoudar, JJJ. Rahul Gupta v. Shikha Gupta, 2019 (2) SCALE 452 C.A. No. 1235 of 2019 18-01-2019


Negotiable Instruments Act, 1881 - S. 138 - Complainant failed to establish the source of funds which he is alleged to have utilized for the disbursal of the loan - Non-disclosure of the facts pertaining to the earlier two cheques, and the steps, if any, taken for recovery was again a material consideration which indicated that there was a doubt in regard to the transaction - the presumption under Section 139 of the Act stood rebutted and that the defence stood probabalised. D.Y. Chandrachud, M.R. Shah, JJ. Anss Rajashekar v. Augustus Jeba Ananth, 2019 (2) SCALE 548 Crl.A. No. 95 of 2019 18-01-2019

Employment Law - there is no indefeasible right for appointment merely because a candidate is found fit on the basis of a selection. S.A. Bobde, L. Nageswara Rao & R. Subhash Reddy, JJJ. State of Manipur v. Takhelmayum Khelendro Meitei, 2019 (2) SCALE 1 C.A. No. 842 of 2019 17-01-2019

Constitution of India, 1950 - Arts. 14, 15, 19 (1)(a), 19 (1)(g) & 21 - Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016 (Maharashtra) - Constitutional Validity of. A.K. Sikri & Ashok Bhushan, JJ. Indian Hotel And Restaurant Association (Ahar) General Secretary v. State of Maharashtra Home Department Secretary Home Affairs, AIR 2019 SC 589 : JT 2019 (1) SC 271 : 2019 (1) SCALE 433 W.P. (C) No. 576 of 2016 17-01-2019

Death Sentence - ‘special reasons’ - The term ‘special reasons’ undoubtedly means reasons that are one of a special kind and not general reasons. S.A. Bobde & Deepak Gupta, JJ. Yogendra @ Jogendra Singh v. State of Madhya Pradesh, JT 2019 (1) SC 373 : 2019 (1) Scale 495 Crl.A. No. 84 of 2019 17-01-2019

Death Sentence - A death sentence can be imposed only when the alternative option is unquestionably foreclosed. S.A. Bobde, L. Nageswara Rao & R. Subhash Reddy, JJ. Raju Jagdish Paswan v. State of Maharashtra, AIR 2019 SC 897 : 2019 (1) Crimes 87 : 2019 (1) SCALE 735 Crl. A. No. 88 of 2019 17-01-2019

Contempt of Court - Apology is an act of contrition. Unless apology is offered at the earliest opportunity and in good grace, the apology is shorn of penitence and hence it is liable to be rejected. If the apology is offered at the time when the contemnor finds that the court is going to impose punishment it ceases to be an apology and becomes an act of a cringing coward. S.A. Bobde, L. Nageswara Rao & R. Subhash Reddy, JJ. Sarvepalli Radhakrishnan University v. Union of India, 2019 (1) SCALE 700 W.P. (C) No. of 2017 17-01-2019

Negotiable Instruments Act, 1881 - Ss. 138 & 141 - the cheque was drawn by the accused for Lakshmi Cement and Ceramics Industries Ltd., as its Director - A notice of demand was served only on the accused - The complaint was lodged only against the accused without arraigning the company as an accused - In the absence of the company being arraigned as an accused, a complaint against the director was therefore not maintainable. D.Y. Chandrachud & Hemant Gupta, JJ. Himanshu v. B. Shivamurthy, 2019 (1) Crimes 93 : 2019 (1) RCR (Criminal) 867 : 2019 (2) SCALE 100 Crl. A. No. 1465 of 2009 17-01-2019

Service Law - Compassionate Appointment - The High Court has virtually re-written the terms of the policy and has issued a direction to the State to consider applications which do not fulfill the terms of the policy. This is impermissible. D.Y. Chandrachud & Hemant Gupta, JJ. State of Himachal Pradesh v. Parkash Chand, 2019 (2) SCALE 506 C.A. No. 977 of 2019 17-01-2019

Parole - the petitioner is in custody for more than 24 years - parole granted. Uday Umesh Lalit & K.M. Joseph, JJ. Mohammed Shamsuddin v. State of Rajasthan, 2019 (1) Scale 560 W.P. (Crl.) No. 235 of 2018 17-01-2019

Service Law - Compassionate Appointment - Delay to submit application - the basis of a scheme of compassionate appointment lies in the need of providing immediate assistance to the family of the deceased employee. This sense of immediacy is evidently lost by the delay on the part of the dependant in seeking compassionate appointment. D.Y. Chandrachud & Hemant Gupta, JJ. State of Himachal Pradesh v. Shashi Kumar, 2019 (2) SCALE 84 C.A. No. 988 of 2019 16-01-2019

Identification of Prisoners Act, 1920 - Discarding the Fingerprint Evidence - Absence of a magisterial order casts doubts on the credibility of the fingerprint evidence, especially with respect to the packing and sealing of the tumblers on which the fingerprints were allegedly found, given that the attesting witnesses were not independent witnesses, being the family members of the deceased - cannot rule out the possibility of tampering and postfacto addition of fingerprints. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Ashish Jain v. Makrand Singh, AIR 2019 SC 546 : 2019 (1) Crimes 28 : JT 2019 (1) SC 342 : 2019 (1) RCR (Criminal) 778 : 2019 (1) Scale 392 Crl.A. No. 1980 of 2008 14-01-2019

Penal Code, 1860 - S.302 - Murder - Merely because the accused assaulted the deceased on his head once or twice only, it cannot be said that the offence committed by him is under Section 304 Part­I IPC inasmuch as the incident had not occurred on the spur of the moment. The act of accused would not fall within any of the exceptions to Section 300 IPC. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Sudhir Kumar v. State of Haryana, 2019 (1) SCALE 712 Crl. A. No. 69 of 2019 14-01-2019

Service Law - Promotion - The right is to be considered for promotion in accordance with the Rules as they exist when the exercise is carried out for promotion. D.Y. Chandrachud & Hemant Gupta JJ. Union of India v. Krishna Kumar, AIR 2019 SC 675 : 2019 (1) Scale 691 C.A. No. 672 of 2019 14-01-2019

Land Acquisition Act, 1894 - Ss. 4, 23 & 18 - Reference - Market Value - Commercial Potential. U.U. Lalit & D.Y. Chandrachud, JJ. Wazir v. State of Haryana, 2019 (1) RCR (Civil) 702 : 2019 (1) Scale 364 C.A. No. 264 of 2019 11-01-2019

Criminal P.C. 1973 - S. 482 - Steps to determine the veracity of a prayer for quashment raised by an accused by invoking the power vested in the High Court. U.U. Lalit & D.Y. Chandrachud, JJ. Suresh Kumar Goyal v. State of Uttar Pradesh, AIR 2019 SC 535 : 2019 (1) Crimes 1 : JT 2019 (1) SC 447 : 2019 (1) SCALE 355 Crl.A. No. 56 of 2019 11-01-2019

Ram Janmabhoomi Case - Ayohya Matter - Physical Inspection Of Records - Reconstitution of Bench. Ranjan Gogoi (CJI), Sharad Arvind Bobde, N.V. Ramana, Uday Umesh Lalit, JJJ. M. Siddiq v. Mahant Suresh Das, 2019 (1) Scale 347 C.A. 10866 of 2010 10-01-2019

Service Law - Pension - Order of reversion issued nearly twenty­five years later to be highly unjust, inequitable and arbitrary suffering from the vice of unreasonableness. Arun Mishra & Navin Sinha, JJ. Sukh Bilash Thakur v. Bihar State Electricity Board, AIR 2019 SC 501 : JT 2019 (1) SC 107 : 2019 (1) SCALE 301 C.A. No. 217 of 2019 09-01-2019

Land Law - U.P. Consolidation of Holdings Act, 1953 - U.P. Zamindari Abolition & Land Reforms Act, 1950 - Section 176 - Holding of a bhumidhar or sirdar divisible. ­Ashok Bhushan & K.M. Joseph, JJ. Hansraj v. Mewalal, AIR 2019 SC 646 : 2019 (1) SCALE 312 C.A. No. 87 of 2019 09-01-2019

Motor Vehicles Act, 1988 - S. 52 - No vehicle can be altered so as to change original specification made by manufacturer. Such particulars cannot be altered which have been specified by the manufacturer for the purpose of entry in the certificate of registration. Arun Mishra & Vineet Saran, JJ. Regional Transport Officer v. K. Jayachandra, AIR 2019 SC 362 : JT 2019 (1) SC 206 : 2019 (1) KLT 435 : 2019 (1) RCR (Civil) 585 : 2019 (1) Scale 317 C.A. No. 219 of 2019 09-01-2019

Civil P.C. 1908 - O. IX, R. 9 - Restoration of Suit - Application for restoration of the suit filed by the appellant-plaintiff was well within the period of limitation. The appellant-plaintiff was present in almost all hearings before the Trial Court which indicates that he was genuinely pursing the matter. The appellant-plaintiff having filed the suit for declaration and injunction ought to be given an opportunity to pursue his suit. R. Banumathi & Indira Banerjee, JJ. Kusumben Indersingh Dhupia v. Sudhaben Biharilalji Bhaiya, 2019 (1) RCR (Civil) 683 C.A. No. 230 of 2019 09-01-2019


Medical Negligence - In a specific case where unreasonableness in professional conduct has been proven with regard to the circumstances of that case, a professional cannot escape liability for medical evidence merely by relying on a body of professional opinion. D.Y. Chandrachud & Hemant Gupta, JJ. Arun Kumar Manglik v. Chirayu Health and Medicare Private Ltd., 2019 (3) SCALE 333 C.A. No. 227 of 2019 09-01-2019

Payment of Gratuity Act, 1972 - Section 2(e) - Definition of “employee” - Amending Act No.47 of 2009 with retrospective effect from 03.04.1997 - In view the amendment made in the definition of Section 2(e), was not brought to the notice of the Bench, this issue was not considered though had relevance for deciding the question involved in the appeal. It is for this reason, prima facie find error in the judgment and, therefore, are inclined to stay the operation of judgment dated 07.01.2019 passed in this appeal. The judgment dated 07.01.2019 shall not be given effect to till the matter is reheard finally by the appropriate Bench. Abhay Manohar Sapre & R. Subhash Reddy, JJ. Birla Institute of Technology v. State of Jharkhand, 2019 (1) Scale 428 C.A. 2530 of 2012 09-01-2019

Criminal Law - Murder - Capital Punishment - Life Imprisonment - Even though the appellant has not been able to establish the defence of insanity, the appellant was under mental strain and stress which resulted into the aforesaid reaction on his part. Otherwise, he is not a person of any criminal antecedents. Nothing is indicated about his propensity of criminality on his part. His conduct in Jail has been satisfactory. There is every possibility of his reform. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJJ. Santosh Maruti Mane v. State of Maharashtra, AIR 2019 SC 527 : 2019 (1) Scale 562 Crl.A. No. 45 of 2019 09-01-2019

Service Law - Possessing the qualification would not change the situation as the appointments had been illegally made. Any approval made by the State Government / University will not come to the rescue. Arun Mishra & Vineet Saran, JJ. Secrtary / Corresponent St. John's College v. Dr. S. Wilson, 2019 (1) Scale 555 C.A. No. 10478 of 2011 09-01-2019

Central Vigilance Commission Act, 2003 - Delhi Special Police Establishment Act, 1946 - Prevention of Corruption Act, 1988. Ranjan Gogoi (CJI), Sanjay Kishan Kaul & K.M. Joseph, JJ. Alok Kumar Verma v. Union of India, AIR 2019 SC 438 : JT 2019 (1) SC 166 : 2019 (1) Scale 257 W.P. (C) No. of 2018 08-01-2019

Central Bureau of Investigation - The organization i.e. CBI has grown over the years in its role, power and importance and today has become the premier investigative and prosecution agency of the country. Ranjan Gogoi (CJI), Sanjay Kishan Kaul & K.M. Joseph, JJ. Common Cause (Registered Society) v. Union of India W.P. (C) No. of 2018 08-01-2019

Tax Law - Rajasthan Value Added Tax Act, 2003 - ‘Gypsum’ (calcium sulphate dihydrate – CaSO4.2H2O) - the amended Entry 56 of Schedule IV of the RVAT, read as ‘gypsum in all its forms’, would include ‘gypsum board’ under the term ‘all its forms. Ranjan Gogoi (CJI), Sanjay Kishan Kaul & K.M. Joseph, JJ.. Additional Commissioner (Legal) Commercial Taxes Rajasthan v. M/s Lohiya Agencies, AIR 2019 SC 345 : JT 2019 (1) SC 228 : 2019 (1) Scale 277 C.A. No. 180 of 2019 08-01-2019

Service Law - Equation of pay scales must be left to the Government and on the decision of the experts and the Court should not interfere with it. R. Banumathi & Indira Banerjee, JJ. Punjab State Electricity Board v. Thana Singh, AIR 2019 SC 354 : 2019 (1) Scale 244 C.A. No. 193 of 2019 08-01-2019

Service Law - Parity of Pay Scale - Burden of Proof - Electricity (Supply) Act, 1948 - Section 79(c) - Punjab Public Works Departments (Electricity Branch) State Service Class-III (Subordinate Posts) Rules, 1958 - Question of parity of pay scale between the Head Clerks and the Internal Auditors - Burden of proof on the person claiming parity of pay scale. R. Banumathi & Indira Banerjee, JJ. Punjab State Power Corporation Ltd. v. Rajesh Kumar Jindal, 2019 (1) Crimes 43 : JT 2019 (1) SC 113 : 2019 (1) Scale 218 C.A. No. 195 of 2019 08-01-2019

Patents Act, 1970 - S. 64 - Protection of Plant Varieties and Farmers’ Rights Act, 2001. Rohinton Fali Nariman & Navin Sinha, JJ. Monsanto Technology Llc Thru Authorised Representative Ms. Natalia Voruz v. Nuziveedu Seeds Ltd. Thru Director, AIR 2019 SC 559 : 2019 (1) Scale 234 C.A. No. 4616 of 2018 08-01-2019

Armed Forces Tribunal Act, 2007 - Ss. 30 r/w. 31 - In terms of Section 31 of the Act, an appeal to this Court is maintainable with the leave of the Tribunal and such leave can be granted on the ground “that a point of law of general public importance” or “it appears to the Supreme Court that the point is one which ought to be considered by that Court”. The point on which this Court will exercise jurisdiction is a point of law of general public importance. D.Y. Chandrachud & Hemant Gupta, JJ. Ex. Lac Yogesh Pathania v. Union of India, JT 2019 (1) SC 109 : 2019 (1) Scale 254 C.A. No. 14214 of 2016 08-01-2019

Penal Code, 1860 - Ss. 302 r/w. 34 & 120B - Evidence Act, 1872 - S. 27 - Extra Judicial Confession - Circumstantial Evidence. Ranjan Gogoi (CJI), K.M. Joseph & Ajay Rastogi, JJ. Devi Lal v. State of Rajasthan, AIR 2019 SC 688 : 2019 (1) Crimes 8 : 2019 (1) SCALE 340 Crl.A. No. 148 of 2010 08-01-2019

Negotiable Instruments Act, 1881 - S. 138 - Whether the prosecution based upon second or successive dishonour of the cheque is permissible or not - Cheques were presented twice and notices were issued - Complaint filed based on the second statutory notice is not barred. R. Banumathi & Indira Banerjee, JJ. M/s. Sicagen India Ltd. v. Mahindra Vadineni, AIR 2019 SC 502 : JT 2019 (1) SC 370 : 2019 (1) SCALE 429 Crl.A. No. 26 of 2019 08-01-2019

Service Law - The issue pertains to a direction for regularizing the services of eighteen respondents in Group ‘D’ posts at the Regional Training Institute at Allahabad. The organization falls under the administrative control of the Comptroller and Auditor General of India. D.Y. Chandrachud & Hemant Gupta, JJ. Union of India v. Central Administrative Tribunal, 2019 (1) SCALE 527 C.A. No. 175 of 2019 08-01-2019

Criminal Justice System - to provide speedy justice as a matter of a constitutional right. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Chander Bhan Singh v. Central Bureau of Investigation, 2019 (1) Scale 415 Crl.A. No. 30 of 2019 08-01-2019

Penal Code, 1860 - Ss. 304­B & 498­A - Evidence Act, 1872 - S. 113­B - Presumption under - Ingredients. Ranjan Gogoi (CJI), R. Banumathi & Sanjay Kishan Kaul, JJ. Jagdish Chand v. State of Haryana, AIR 2019 SC 457 : 2019 (1) Crimes 16 : JT 2019 (1) SC 138 : 2019 (1) RCR (Criminal) 731 : 2019 (1) SCALE 213 Crl.A. No. 767 of 2012 07-01-2019

Judicial Remarks - Disparaging remarks / strictures coupled with the directions of how one should behave and pass orders was unnecessary in the facts of this case, and nor they were germane for deciding the lis between the parties. Such remarks/strictures, therefore, should not have been made. They are accordingly expunged and stand deleted from the impugned order. Abhay Manohar Sapre & Indu Malhotra, JJ. Mahadevappa v. State of Karnataka Tr. Pub. Prosecutor, JT 2019 (1) SC 377 : 2019 (1) Scale 408 Crl.A. No. 1261 of 2008 07-01-2019

Specific Relief Act, 1963 - Ss. 16 (c), 20, 21, 22 & 23 - the grant of relief of specific performance is a discretionary and equitable relief. Abhay Manohar Sapre & Indu Malhotra, JJ. Kamal Kumar v. Premlata Joshi, AIR 2019 SC 459 : JT 2019 (1) SC 240 : 2019 (1) RCR (Civil) 576 : 2019 (1) Scale 203 C.A. No. 4453 of 2009 07-01-2019

Civil P.C. 1908 - S. 100 - Second Appeal - Who is the owner of the land and who is in its possession, whether the plaintiff as claimed was able to prove their title over the suit land to the exclusion of the rights of the State and, if so, on what basis and whether his possession if proved, is legal or not, etc. requires elaborate discussion. It should have been adjudicated in the light of legal principle applicable to the case, pleadings and evidence. It is for these reasons, the case needs to be remanded to the High Court for deciding of the Second Appeal afresh on all such questions which do arise in the case but were not decided much less in accordance with law. Abhay Manohar Sapre & Indu Malhotra, JJ. State of Rajasthan v. Gram Vikas Samiti,shivdaspura, JT 2019 (1) SC 238 : 2019 (1) RCR (Civil) 577 : 2019 (1) Scale 200 C.A. No. 3505 of 2009 07-01-2019

Payment of Gratuity Act, 1972 - Whether “Teacher” could be regarded as an “employee” under Section 2(e) of the Act and, if so, whether he/she is entitled to claim gratuity amount from his employer in accordance with the provisions of the Act. Abhay Manohar Sapre & Indu Malhotra, JJ. Birla Institute of Technology v. State of Jharkhand, JT 2019 (1) SC 134 : 2019 (1) Scale 172 C.A. No. 2530 of 2012 07-01-2019

Labour Law - the respondent was held to have worked as daily wager or muster role employee hardly for a few years - no right to claim regularization & continue as daily wager - the dispute was raised by the workman before the Labour Court almost after 15 years of his alleged termination - it would be just, proper and reasonable to award lump sum monetary compensation to the respondent in full and final satisfaction of his claim of re­instatement and other consequential benefits. Abhay Manohar Sapre & Indu Malhotra, JJ. Deputy Executive Engineer v. Kuberbhai Kanjibhai, AIR 2019 SC 517 : JT 2019 (1) SC 131 : 2019 (1) Scale 169 C.A. No. 5810 of 2009 07-01-2019

Minimum Wages Act, 1948 - the authority has the power under the Act to impose the penalty, once the breaches alleged against the employer are proved. Abhay Manohar Sapre & Indu Malhotra, JJ. Ragini Sinha v. State of Bihar, JT 2019 (1) SC 331 : 2019 (1) Scale 197 C.A. No. 7224 of 2012 07-01-2019

Civil P.C. 1908 - O. 33 R. 1 & O. 44 R. 1 - Appeal - “indigent person” - the dismissal of application made under Order 33 Rule 1 of the Code by the Trial Court in the earlier round of litigation is not a bar against the plaintiff to file an application/appeal under Order 44 Rule 1 of the Code before the Appellate Court. Abhay Manohar Sapre & Indu Malhotra, JJ. Sushil Thomas Abraham v. M/s Skyline Build. Thru. Its Partner, AIR 2019 SC 512 : (2019) 3 SCC 415 : JT 2019 (1) SC 188 : 2019 (1) RCR (Civil) 579 : 2019 (1) Scale 178 C.A. No. 117 of 2019 07-01-2019

Settlement - It was necessary for the High Court to record a categorical finding on the issue as to how and on what basis the respondent has complied with the terms of settlement and has thus discharged its entire liability. Abhay Manohar Sapre & R. Subhash Reddy, JJ. Punjab Financial Corporation v. M/s Paulbro Leathers Pvt. Ltd., JT 2019 (1) SC 140 : 2019 (1) Scale 215 C.A. No. 118 of 2019 07-01-2019

Cable Television Network (Amendment) Rules, 2012 - R. 11C - Registration as multi­system operator - Grant of permission is subject to issue of security clearance from the Central Government. Since the grant of permission was subject to obtaining of the security clearance from the concerned Ministry, the competent authority was justified in cancelling the conditional permission for want of security clearance. Abhay Manohar Sapre & Indu Malhotra, JJ. Digi Cable Network (india) Pvt. Ltd. v. Union of India, AIR 2019 SC 455 : JT 2019 (1) SC 242 : 2019 (1) Scale 194 C.A. No. 120 of 2019 07-01-2019

Industrial Disputes Act, 1947 - S. 11A - Daily Wager - Termination - lump sum monetary compensation. Abhay Manohar Sapre & Indu Malhotra, JJ. State of Uttarakhand v. Raj Kumar, AIR 2019 SC 310 : JT 2019 (1) SC 196 : 2019 (1) Scale 206 C.A. No. 124 of 2019 07-01-2019

Judiciary - What should be the role of the higher judiciary in making adverse remarks and passing strictures against the judicial/administrative authorities, whose order/action is under challenge - the higher judiciary must avoid as far as possible from making any disparaging harsh remarks and strictures against any judicial/administrative officer while examining their action/order impugned in the judicial proceedings. Abhay Manohar Sapre & Indu Malhotra, JJ. Manish S. Pardasani v. Inspector State Excise, JT 2019 (1) SC 245 : 2019 (1) Scale 184 C.A. No. 126 of 2019 07-01-2019

Criminal P.C. 1973 - S. 482 - Penal Code, 1860 - Ss. 420, 498A, 323, 376, 506 - Dowry Prohibition Act, 1961 - Ss. 3 & 4. Abhay Manohar Sapre & R. Subhash Reddy, JJ. Monu v. State of Uttar Pradesh, AIR 2019 SC 316 : 2019 (1) Crimes 19 : JT 2019 (1) SC 187 : 2019 (1) Scale 209 Crl.A. No. 21 of 2019 07-01-2019

Abkari Act (Kerala) - Ss. 8 (2) & 63 - Possession of 4.5 litres of arrack in a plastic can and 3.750 litres of Indian Made Foreign Liquor - the interest of justice would be met if the imprisonment is reduced to the period, already undergone by the accused. Abhay Manohar Sapre & R. Subhash Reddy, JJ. Lalichan v. State of Kerala, JT 2019 (1) SC 195 : 2019 (1) Scale 211 Crl.A. No. 22 of 2019 07-01-2019

Civil P.C. 1908 - S. 21 - Territorial Jurisdiction - An objection to the validity of the decree for want of territorial jurisdiction would not lie before the executing court. D.Y. Chandrachud & Hemant Gupta, JJ. Sneh Lata Goel v. Pushplata, AIR 2019 SC 824  : JT 2019 (1) SC 438 : 2019 (1) RCR (Civil) 808 : 2019 (1 ) SCALE 536 C.A. No. 116 of 2019 07-01-2019


Penal Code, 1860 - Ss. 120­B, 406 & 420 - Application for Bail. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Ashok Saxena v. State (Nct of Delhi), 2019 (1) Scale 553 Crl.A. No. 20 of 2019 07-01-2019

Service Law - Seniority - Assistant Teacher in Secondary School - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - Rules 2 (j), 2 (k), 6, 12(3) - “trained graduate” - “trained teacher” - Qualification of the Teachers - Seniority List - Guidelines for fixation of seniority of teachers in the primary schools - Guidelines for fixation of seniority of teachers in the secondary schools Junior Colleges of Education and Junior College classes attached to secondary schools and Senior Colleges. Ashok Bhushan & Ajay Rastogi, JJ. Ku. Bhawana v. State of Maharashtra, AIR 2019 SC 238 : 2019 (1) All.M.R. 954 : JT 2019 (1) SC 143 : 2019 (1) Scale 148 C.A. No. 11934 of 2018 04-01-2019

Contempt of Court - The contempt jurisdiction cannot be invoked on the basis of impressions, when the order of the Court does not contain any direction - The contempt would be made out when there is willful disobedience to the orders of this Court. A.M. Khanwilkar & Hemant Gupta, JJ. Badri Vishal Pandey v. Rajesh Mittal, AIR 2019 SC 289 : 2019 (1) Scale 155 Conmt. Pet. (c) No. of 2018 04-01-2019

Criminal P.C. 1973 - S. 482 - Penal Code, 1860 - Ss. 307, 294 r/w. 34 - High Court has committed a grave error in quashing the criminal proceedings for the offences under Sections 307, 294 read with Section 34 of the IPC solely on the ground that the original Complainant and the accused have settled the dispute - Despite any settlement between the Complainant on the one hand and the accused on the other, the criminal proceedings for the offences under Section 307 of the IPC cannot be quashed, as the offence under Section 307 is a non-­compoundable offence. D.Y. Chandrachud & M.R. Shah, JJ. State of Madhya Pradesh v. Kalyan Singh, AIR 2019 SC 312 : 2019 (1) Crimes 14 : JT 2019 (1) SC 150 : 2019 (1) RCR (Criminal) 705 : 2019 (1) Scale 165 Crl.A. No. 14 of 2019 04-01-2019

Penal Code, 1860 - Ss. 147, 148, 451, 325 / 149, 307 / 149, 294 / 149 & 506 / 149 - Attempt to murder - Considering the material/evidence on record and the medical certificate and the injuries sustained by the complainant, it cannot be said that the intention of the accused was to cause death of the complainant. Therefore, as rightly observed by the High Court, a charge under Section 325/149 ought to have been framed. Therefore, the High Court has not committed any error in setting aside the order passed by the trial Court insofar as framing the charge under Section 307 of the IPC. D.Y. Chandrachud & M.R. Shah, JJ. Champa Lal Dhakar v. Naval Singh Rajput, AIR 2019 SC 314 : JT 2019 (1) SC 43 : 2019 (1) RCR (Criminal) 710 : 2019 (1) Scale 163 Crl.A. No. 1931 of 2009 04-01-2019

Contempt of Court - Contempt is a matter between the Court and the alleged contemnor who is alleged to have violated the orders of the Court. R. Banumathi & Indira Banerjee, JJ. M/s Mdda Ramky Isbt Ltd v. Ombir Singh Tomar, 2019 (1) RCR (Criminal) 837 Conmt. Pet. (c) No. of 2017 04-01-2019

Criminal P.C. 1973 - S. 311 - Where the prosecution evidence has been closed long back and the reasons for non-examination of the witness earlier is not satisfactory, the summoning of the witness at belated stage would cause great prejudice to the accused and should not be allowed - the court should not encourage the filing of successive applications for recall of a witness under this provision. A.K. Sikri & S. Abdul Nazeer, JJ. Swapan Kumar Chatterjee v. Central Bureau of Investigation, 2019 (2) SCALE 654 Crl.A. No. 15 of 2019 04-01-2019

Consumer Law - Insurance Policy linked to the equity market - LIC held on to the moneys of the appellant wrongfully for five years. Its omission to refund has deprived the appellant of the use of his moneys. Hence, a mere direction for the payment of interest on the principal sum will not provide sufficient redress. D.Y. Chandrachud & Hemant Gupta, JJ. Madhav Hari Joshi v. Divisional Manager, LIC of India, 2019 (1) RCR (Civil) 680 : 2019 (1) Scale 336 C.A. No. 49 of 2019 04-01-2019

Electricity Act, 2003 - S. 67 - Board is statutorily empowered to undertake all actions necessary for transmission or supply of electricity, subject to the procedure under the Act. Ashok Bhushan & Indu Malhotra, JJ. State of Jharkhand Department of Energy Through Its Law Officer v. Surendra Kumar Srivastava, AIR 2019 SC 231 : JT 2019 (1) SC 334 : 2019 (1) Scale 140 C.A. No. 21 of 2019 03-01-2019

Arbitration and Conciliation Act, 1996 - Ss. 15 & 16 - Termination of mandate and substitution of arbitrator - Arbitrator’s relationship with the parties or counsel - The 1996 Act does not disqualify a former employee from acting as an arbitrator, provided that there are no justifiable doubts as to his independence and impartiality. The fact that the arbitrator was in the employment of the State of Haryana over 10 years ago, would make the allegation of bias clearly untenable. Abhay Manohar Sapre & Indu Malhotra, JJ. Government of Haryana Pwd Haryana (b And R) Branch v. M/s G. F. Toll Road Pvt. Ltd., 2019 (1) RCR (Civil) 525 : JT 2019 (1) SC 1 : 2019 (1) Scale 134 C.A. No. 27 of 2019 03-01-2019

Service Law - Special pay is granted for specific purposes and in response to specific situation and circumstances. Ashok Bhushan & L. Nageswara Rao, JJ. Union of India v. Dr. O. P. Nijhawan, JT 2019 (1) SC 152 : 2019 (1) Scale 121 C.A. No. 12040 of 2018 03-01-2019

Income Tax Act, 1961 - S. 80DD - Deduction in respect of maintenance including medical treatment of a dependant who is a person with disability. A.K. Sikri, Ashok Bushan & S. Abdul Nazeer, JJJ. Ravi Agrawal v. Union of India, AIR 2019 SC 318 : JT 2019 (1) SC 11 : 2019 (1) Scale 111 W.P. (C) No. of 2017 03-01-2019

Penal Code, 1860 - Ss. 415 & 420 - The mere inability of the appellant to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, as it is this mens rea which is the crux of the offence. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Satishchandra Ratanlal Shah v. State of Gujarat, 2019 (3) SCALE 298 Crl.A. No. 9 of 2019 03-01-2019

Consumer Law - Directions for sampling the product “MAGGI Noodles” in nine variants for testing with reference to the quantity of lead and Mono Sodium Glutamate (MSG). Sampling and testing has been carried out under the auspices of CFTRI, Mysore. Since the complaint is pending, it would be inappropriate for this Court to preempt the exercise of jurisdiction by the NCDRC which is vested adjudicatory authority under the Consumer Protection Act, 1986. D.Y. Chandrachud & Hemant Gupta, JJ. Nestle India Ltd. v. Union of India, 2019 (1) Scale 418 C.A. No. 14539 of 2015 03-01-2019

Industrial Disputes Act, 1947 - S. 25 (H) – Industrial Disputes (Central) Rules, 1957 - Rule 78 - Re-employment on the Post - Distinction between the expression ‘employment’ and ‘regularization of the service” - The expression ‘employment’ signifies a fresh employment to fill the vacancies whereas the expression ‘regularization of the service’ signifies that the employee, who is already in service, his services are regularized as per service regulations. Abhay Manohar Sapre & R. Subhash Reddy, JJ. Management of Barara Cooperative Marketing Cum Processing Society Ltd. v. Workman Pratap Singh, AIR 2019 SC 228 : JT 2019 (1) SC 7 : 2019 (1) LLJ 257 : 2019 (1) Scale 60 C. A. No. 7 of 2019 02-01-2019