Arbitration and Conciliation Act, 1996 - Ss. 11, 12 & 15 - 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, C.A. No. 1039 of 2019 23-01-2019
Criminal P.C. 1973 - S. 319 (1) - Power to proceed against other persons appearing to be guilty of offence, though not accused before the Court. L. Nageswara Rao v. Mohan M. Shantanagoudar, JJ. Dev Wati v. State of Haryana, Crl.A. No. 134 of 2019 24-01-2019
Criminal P.C. 1973 - Ss. 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. Ashok Bhushan & K.M. Joseph, JJ. Brig. Sukhjeet Singh (Retd), MVC v. State of Uttar Pradesh, Crl.A. No. 148 of 2019 25-01-2019
Constitution of India - Art.32 - No writ lies under Article 32 of the Constitution 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. Subash Reddy, JJ. Ramesh Sanka v. Union of India, W.P. (Crl. ) No. 142 of 2018 25-01-2019
Constitution of India - Art.142 - It is open to the court to mould the relief by safeguarding the interest of parties. The paramount consideration in such cases should be to ensure that there is no injustice caused. R. Banumathi & Indira Banerjee, JJ. Rajasthan Small Industries Corportion Limited v. M/s Ganesh Containers Movers Syndicate, C.A. No. 1039 of 2019 23-01-2019
Constitution of India - Article 226 - Regulation 44.2(d) of the MERC (Multi Year Tariff) Regulations, 2011 does not suffer from any constitutional or statutory infirmity. D.Y. Chandrachud & Hemant Gupta, JJ. Reliance Infrastructure Limited v. State of Maharashtra, C.A. No. 879 of 2019 21-01-2019
Customs Act, 1962 - Ss. 112 (a), 114AA & 125 - 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. M/s. Atul Automations Pvt. Ltd., C.A. No. 1057 of 2019 24-01-2019
Electricity Act, 2003 - Section 61 - Tariff Regulations - Maharashtra Electricity Regulatory Commission (MERC) - National Tariff Policy 2006 - MERC (Terms and Conditions of Tariff) Regulations 2005 - MERC (Multi Year Tariff) Regulations, 2011 - Validity of a tariff regulation framed by the Maharashtra Electricity Regulatory Commission (MERC). D.Y. Chandrachud & Hemant Gupta, JJ. Reliance Infrastructure Limited v. State of Maharashtra, C.A. No. 879 of 2019 21-01-2019
Employee’s Compensation Act, 1923 - 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 v. Navin Sinha, JJ. Leela Bai v. Seema Chouhan, C.A. No. 931 of 2019 22-01-2019
Explosive Substances Act 1908 - Ss. 3, 4 & 5 - The common object within the meaning of Section 149 is evident from the genesis of the incident, the manner in which the accused returned after the initial altercation armed with lethal weapons and the nature of the injuries which were inflicted in concert. Dr. Dhananjaya Y. Chandrachud & Vineet Saran, JJ. Munishamappa v. State of Karnataka, Crl. A. No. 96 of 2011 24-01-2019
Foreign Trade (Development and Regulation) Act, 1992 - S. 11 (8) & (9) - Foreign Trade (Regulation) Rules, 1993 - R. 17 (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. M/s. Atul Automations Pvt. Ltd., C.A. No. 1057 of 2019 24-01-2019
Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 - Rule 3(1)(23) & 15 - “other wastes” - Multi-Function Devices (Digital Photocopiers and Printers) (MFDs). Ranjan Gogoi (CJI), Navin Sinha & K.M. Joseph, JJ. Commissioner of Customs v. M/s. Atul Automations Pvt. Ltd., C.A. No. 1057 of 2019 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, C.A. No. 7092 of 2010 23-01-2019
Insolvency and Bankruptcy Code, 2016 - Constitutional validity of various provisions. Rohinton Fali Nariman & Navin Sinha, JJ. Swiss Ribbons Pvt. Ltd. v. Union of India, W.P. (C) No. 99 of 2018 25-01-2019
Judicial Review - 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, Court ought not to interfere. D.Y. Chandrachud & Hemant Gupta, JJ. Reliance Infrastructure Limited v. State of Maharashtra, C.A. No. 879 of 2019 21-01-2019
Judicial Service - Rules of Andhra Pradesh State High Judicial Service Special Rules for Ad hoc appointment 2001 - Rule 6 of the Rules prescribes 30% qualifying marks for SC and ST category in written examination. Thus, the candidates were required to obtain such qualifying marks in the written examination. At the same time they were also mandated to secure consolidated qualifying marks (i.e. both in written plus interview) as prescribed. A.K. Sikri & S. Abdul Nazeer, JJ. High Court of Hyderabad for the State of Telangana and State of Andhra Pradesh, thr. its Registrar General v. P. Murali Mohana Reddy, C.A. No. 73 of 2019 25-01-2019
Muslim Law - A marriage between a Hindu woman and Muslim man is merely irregular and the issue from such wedlock is legitimate. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Mohammed Salim (d) Through Lrs. v. Shamsudeen (dead) Through Lrs., C.A. No. 5158 of 2013 22-01-2019
Penal Code 1860 - Ss. 143, 148, 323, 324 & 302 r/w. 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. Dr. Dhananjaya Y. Chandrachud & Vineet Saran, JJ. Munishamappa v. State of Karnataka, Crl. A. No. 96 of 2011 24-01-2019
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, C.A. No. 83 of 2019 22-01-2019
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, C.A. No. 235 of 2019 22-01-2019
Workmen’s Compensation (Amendment) Act, 2009 - Doctrine of “notional extension” - Rejection of their claim for compensation - If the requirement of the deceased to stay with the bus was integrally connected with the efficiency of the service to be provided to the public by respondent no.1 and the deceased was not present at the bus terminal with the bus in his nature as a member of the public by choice, we see no reason why the doctrine of notional extension of the employment will not be applicable. Arun Mishra v. Navin Sinha, JJ. Leela Bai v. Seema Chouhan, C.A. No. 931 of 2019 22-01-2019