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
Administrative Law - Haj Policy - Registration -
Eligibility - Policy decisions of the Executive are best left to it and a court
cannot be propelled into the unchartered ocean of Government policy. Public authorities
must have liberty and freedom in framing the policies. It is well accepted principle
that in complex social, economic and commercial matters, decisions have to be taken
by governmental authorities keeping in view several factors and it is not possible
for the courts to consider competing claims and to conclude which way the balance
tilts. Courts are illequipped to substitute their decisions. It is not within the
realm of the courts to go into the issue as to whether there could have been a better
policy and on that parameters direct the Executive to formulate, change, vary and/or
modify the policy which appears better to the court. Such an exercise is impermissible
in policy matters. The scope of judicial review is very limited in such matters.
It is only when a particular policy decision is found to be against a statute or
it offends any of the provisions of the Constitution or it is manifestly arbitrary,
capricious or mala fide, the court would interfere with such policy decisions. A.K.
Sikri, S. Abdul Nazeer & M.R. Shah, JJ. Federation Haj Ptos of India
v. Union of India, 2019 (2) Scale 460 W.P. (C) No. 4 of 2019 04-02-2019
Administrative Tribunals Act, 1985 - Ss. 5, 24 &
25 - Whether the Chairman of the Tribunal, sitting singly and exercising his power
under Section 25 of the Act, to transfer proceedings from one Bench to another,
could have stayed proceedings before a two member Bench and rendered interim orders
passed by that Bench inoperative. R. Banumathi & Indira
Banerjee, JJ. All India Institute of Medical Sciences v. Sanjiv Chatrvedi,
2019 (2) Scale 403 C.A. No. 1392 of 2019 01-02-2019
Advocates Act, 1961 - S. 26 - Enrolment in the Bar Council - Suppression - Government Service - Involvement in a Criminal Case - Subsequent acquittal cannot come to the rescue - Bar Council of India to remove the name of a person who entered on the Roll of Advocates by misrepresentation - Confirmed by Apex Court - Repeated attempts later amount to an abuse of process. L. Nageswara Rao & M.R. Shah, JJ. Anand Kumar Sharma v. Bar Council of India, JT 2019 (3) SC 119 : 2019 (4) Scale 56 C.A. No. 294 of 2007 01-03-2019
Advocates Act, 1961 - S. 26 - Enrolment in the Bar Council - Suppression - Government Service - Involvement in a Criminal Case - Subsequent acquittal cannot come to the rescue - Bar Council of India to remove the name of a person who entered on the Roll of Advocates by misrepresentation - Confirmed by Apex Court - Repeated attempts later amount to an abuse of process. L. Nageswara Rao & M.R. Shah, JJ. Anand Kumar Sharma v. Bar Council of India, JT 2019 (3) SC 119 : 2019 (4) Scale 56 C.A. No. 294 of 2007 01-03-2019
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
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
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
Arbitration - Deterring a party to an arbitration from invoking this alternative dispute resolution process by a pre-deposit of 10% would discourage arbitration, contrary to the object of de-clogging the Court system, and would render the arbitral process ineffective and expensive. Rohinton Fali Nariman & Vineet Saran, JJ. Icomm Tele Ltd. v. Punjab State Wate Supply & Sewerage Board, JT 2019 (3) SC 334 : 2019 (4) Scale 549 C.A. No. 2713 of 2019 11-03-2019
Arbitration Act, 1940 - S. 15 - Power of Court to modify award. Ranjan Gogoi (CJI), Sanjay Kishan Kaul & K.M. Joseph, JJ. K. Marappan v. Superintending Engineer T.B.P.H.L.C. Circle Anantapur, C.A. No. 159 of 2010 27-03-2019
Arbitration - Deterring a party to an arbitration from invoking this alternative dispute resolution process by a pre-deposit of 10% would discourage arbitration, contrary to the object of de-clogging the Court system, and would render the arbitral process ineffective and expensive. Rohinton Fali Nariman & Vineet Saran, JJ. Icomm Tele Ltd. v. Punjab State Wate Supply & Sewerage Board, JT 2019 (3) SC 334 : 2019 (4) Scale 549 C.A. No. 2713 of 2019 11-03-2019
Arbitration Act, 1940 - S. 15 - Power of Court to modify award. Ranjan Gogoi (CJI), Sanjay Kishan Kaul & K.M. Joseph, JJ. K. Marappan v. Superintending Engineer T.B.P.H.L.C. Circle Anantapur, C.A. No. 159 of 2010 27-03-2019
Arbitration and Conciliation Act, 1996 - Award -
Jurisdiction - Power of the arbitral tribunal in granting pre-reference and/or pendente
lite interest - Principles. A.K.
Sikri, S. Abdul Nazeer & M.R. Shah, JJ. Jaiprakash Associates Ltd. (JAL)
through its Director v. Tehri Hydro Development Corporation India Ltd. (THDC) Through
Its Director, JT 2019 (2) SC 508 : 2019 (2) Scale 718 C.A. No. 1539 of 2019
07-02-2019
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
Arbitration and Conciliation Act, 1996 - S. 11(6)
- Expressions such as – “pertaining to”, “in relation to” and “arising out of”,
are used in the expansive sense, and must be construed accordingly. U.U. Lalit &
Indu
Malhotra, JJ. Giriraj Garg v. Coal India Ltd., AIR 2019 SC 1015 : JT 2019
(2) SC 535 : 2019 (4) Scale 406 C.A. No. 1695 of 2019 15-02-2019
Arbitration and Conciliation Act, 1996 - S. 34 -
Both the Executing Court and the High Court completely erred and awarded compound
interest in favour of the respondents when the award had stipulated it to be 7%
per annum simplicitor. The Award did not even remotely suggest that such award of
interest would be with a direction that interest be capitalized on yearly or quarterly
basis. It was pure and simple award of interest @ 7% and could not be taken to be
a direction to award compound interest. U.U.
Lalit & D.Y. Chandrachud, JJ. Municipal Council Thanesar v. Viernder
Kumar, 2019 (3) Scale 684 19-02-2019
Arbitration and Conciliation Act, 1996 - S. 34 -
The Court does not sit in appeal over the arbitral award and may interfere on merits
on the limited ground provided under Section 34(2)(b)(ii), i.e. if the award is
against the public policy of India. Mohan
M. Shantanagoudar & Vineet Saran, JJ. MMTC Ltd. v. Vedanta Ltd. 2019
(4) Scale 391 C.A. No. 1862 of 2014 18-02-2019
Arbitration and Conciliation Act, 1996 - S. 48 -
Enforceability of the Foreign Awards - Scope of interference has been consciously
constricted by the legislature in relation to the execution of foreign awards. A.M.
Khanwilkar & Ajay Rastogi, JJ. Sri. Munisuvrata Agri International Ltd.
v. Sleepwell Industries Co. Limited, S.L.P. (C) No. 5493 of 2019 20-02-2019
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
Arbitration and Conciliation Act, 1996 - The High Court was not justified in appointing an independent arbitrator without resorting to the procedure for appointment of an arbitrator which has been prescribed under clause 64(3) of the contract under the inbuilt mechanism as agreed by the parties. A.M. Khanwilkar & Ajay Rastogi, JJ. Union of India v. Parmar Construction Company, C.A. No. 3303 of 2019 29-03-2019
Arbitration and Conciliation Act, 1996 - The High Court was not justified in appointing an independent arbitrator without resorting to the procedure for appointment of an arbitrator which has been prescribed under clause 64(3) of the contract under the inbuilt mechanism as agreed by the parties. A.M. Khanwilkar & Ajay Rastogi, JJ. Union of India v. Parmar Construction Company, C.A. No. 3303 of 2019 29-03-2019
Arbitration and Conciliation Act, 1996 - the scheme
of Section 48 of the Act does not envisage piecemeal consideration of the issue
of maintainability of the execution case concerning the foreign awards, in the first
place; and then the issue of enforceability thereof. Whereas, keeping in mind the
legislative intent of speedy disposal of arbitration proceedings and limited interference
by the courts, the Court is expected to consider both these aspects simultaneously
at the threshold. Taking any other view would result in encouraging successive and
multiple round of proceedings for the execution of foreign awards. We cannot countenance
such a situation keeping in mind the avowed object of the Arbitration and Conciliation
Act, 1996, in particular, while dealing with the enforcement of foreign awards.
A.M.
Khanwilkar & Ajay Rastogi, JJ. LMJ International Ltd. v. Sleepwell Industries
Co. Ltd., JT 2019 (2) SC 460 : 2019 (3) Scale 703 S.L.P. (C) No. 540 of 2018
20-02-2019
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
Army Act, 1950 - the High Court was manifestly in
error in entering upon an area which relates to the exercise of the disciplinary
jurisdiction of the Army. D.Y.
Chandrachud & Hemant Gupta, JJ. Union of India v. Lt. Colonel Dharmvir
Singh, 2019 (4) Scale 559 C.A. No. 1714 of 2019 15-02-2019
Army Law - Provisions governing the appointment of Army Commanders - Discussed. D.Y. Chandrachud & Hemant Gupta, JJ. Lt. Gen. Ravi Dastane, Avsm, Vsm v. Union of India, Ministry of Defence, Through The Secretary, 2019 (4) Scale 39 C.A. No. 9721 of 2014 01-03-2019
Army Law - Provisions governing the appointment of Army Commanders - Discussed. D.Y. Chandrachud & Hemant Gupta, JJ. Lt. Gen. Ravi Dastane, Avsm, Vsm v. Union of India, Ministry of Defence, Through The Secretary, 2019 (4) Scale 39 C.A. No. 9721 of 2014 01-03-2019
Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 / 1980 - Ss. 9(3) (a) to (i) - Board of
Directors consists of persons coming from different fields. There cannot,
therefore, be a uniform qualification or/and disqualification for such persons.
Indeed, the qualifications and disqualifications are bound to vary from
category to category and would depend on the post, experience and the stream
from where a person is being nominated as a Director. Moreover, the
qualification and disqualification has to be seen prior to his/her becoming a
Director and not after his/her appointment as a Director. Abhay
Manohar Sapre & Indu Malhotra, JJ. Fed. of Bank of
India Staff Unions v. Union of India, 2019 (4) Scale 50 C.A. No. 5570
of 2014 01-03-2019
Bihar Service Code - Rr. 282 & 283 - On fair reading of Rule 283(c) and Rule 283(e), it can be seen that it is permissible for the foreign service to pay something more than what the employees were getting in the parent department. Therefore, the interpretation on behalf of the Corporation on reading Rule 283 that the employee sent on deputation to a foreign service has to be paid the same salary/pay scale which he was getting in the parent department, cannot be accepted. Therefore, reliance placed on Rule 282 and 283 of the Bihar Service Code while passing the resolution dated 27.3.2012 was absolutely either misplaced and/or on misinterpretation and, therefore, the same is rightly set aside by the High Court. L. Nageswara Rao & M.R. Shah, JJ. Bihar State Beverages Corporation Ltd. v. Naresh Kumar Mishra, AIR 2019 SC 1051 : 2019 (1) JLJR 512 : 2019 (1) PLJR 584 : 2019 (2) Scale 509 C.A. No. 1468 of 2019 05-02-2019
Bihar Service Code - Rr. 282 & 283 - On fair reading of Rule 283(c) and Rule 283(e), it can be seen that it is permissible for the foreign service to pay something more than what the employees were getting in the parent department. Therefore, the interpretation on behalf of the Corporation on reading Rule 283 that the employee sent on deputation to a foreign service has to be paid the same salary/pay scale which he was getting in the parent department, cannot be accepted. Therefore, reliance placed on Rule 282 and 283 of the Bihar Service Code while passing the resolution dated 27.3.2012 was absolutely either misplaced and/or on misinterpretation and, therefore, the same is rightly set aside by the High Court. L. Nageswara Rao & M.R. Shah, JJ. Bihar State Beverages Corporation Ltd. v. Naresh Kumar Mishra, AIR 2019 SC 1051 : 2019 (1) JLJR 512 : 2019 (1) PLJR 584 : 2019 (2) Scale 509 C.A. No. 1468 of 2019 05-02-2019
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
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
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
Central Excise Act, 1944 - S. 11B - Claim for refund
of duty - Whether the period of limitation of six months shall apply where the refund
of central excise duty has been claimed by the buyer and paid by the manufacturer
(M/s. Fenner (India) Ltd.) under protest - Application was filed by the appellant
as a buyer of the goods (conveyor belts) from M/s. Fenner (India) Ltd. who paid
the duty under protest much after a period of limitation(six months) as prescribed
under the mandate of law disentitles the claim of refund to the appellant as prayed
for - the purchaser of the goods was not entitled to claim refund of duty made under
protest by the manufacturer without complying the mandate of Section 11B of the
Act, 1944. A.M. Khanwilkar & Ajay
Rastogi, JJ. Western Coalfields Ltd v. Commissioner of Central Excise Trichy
/ Madurai, AIR 2019 SC 1069 : 2019 (4) Scale 384 C.A. No. 807 of 2006 20-02-2019
Central Excise Act, 1944 - S. 35L - Central Excise
Rules, 2002 - R. 12B - Job work in textiles and textile articles - What Rule 12B
introduces is nothing but a legal fiction that in case the conditions stipulated
therein are satisfied, the person concerned is to be treated as an assessee. If
he is an assessee, all the clearances by him so long as they come within the parameters
of Rule12B, would make him liable. The Exemption Notification again does not put
the matter at individual clearances of job workers and what is to be considered
is an aggregate value of the clearances. It is well settled that if a legal fiction
is introduced that legal fiction must be taken to the logical end. U.U.
Lalit & Indu Malhotra, JJ. Dinesh Textiles v. Commissioner of Central
Excise, Customs and Service Tax, Calicut, 2019 (3) Scale 839 C.A. No. 9740 of
2018 28-02-2019
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
Circumstantial Evidence - In a case based on circumstantial
evidence it is always better for the courts to deal with each circumstance separately
and then link the circumstances which have been proved to arrive at a conclusion.
Sanjay Kishan Kaul & Deepak
Gupta, JJ. Chandru @ Chandrasekaran v. State Rep. By Deputy Superintendent
of Police CB CID, 2019 (3) Scale 280 Crl.A. No. 1193 of 2011 12-02-2019
Civil Law - Plaint - Amendment - Trial Court allowed
the application for amendment of the plaint - Plaintiff filed the application when
the trial in the suit was almost over and the case was fixed for final arguments
- the suit could still be decided even without there being any necessity to seek
any amendment in the plaint - amendment in the plaint was not really required for
determination of the issues in the suit. impugned order is legally unsustainable.
Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Vijay Hathising Shah v. Gitaben
Parshottamdas Mukhi, JT 2019 (3) SC 5 : 2019 (3) Scale 811 C.A. No. 2012 of
2019 25-02-2019
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
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
Civil P.C. 1908 - O. 14 - Letters Patent Act, 1865 - Cl. 12 - Plea of Territorial Jurisdiction - An issue of territorial jurisdiction cannot be tried by filing an application for revocation of leave. A plea of territorial jurisdiction is essentially a mixed question of law and fact. It is for this reason, the defendants should be allowed to raise such plea in the written statement to enable the Court to try it on its merits in accordance with law. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Isha Distribution House Pvt. Ltd. v. Aditya Birla Nuvo Ltd., JT 2019 (3) SC 331 : 2019 (4) Scale 474 C.A. No. 2554 of 2019 07-03-2019
Civil P.C. 1908 - O. 23 R. 1A r/w. O. I R. 10 - Court may strike out or add parties - When transposition of defendants as plaintiff may be permitted. Uday Umesh Lalit & Dinesh Maheshwari, JJ. R. Dhanasundari @ R. Rajeswari v. A.N. Umakanth, 2019 (4) Scale 161 C.A. No. 7292 of 2009 06-03-2019
Civil P.C. 1908 - O. 14 - Letters Patent Act, 1865 - Cl. 12 - Plea of Territorial Jurisdiction - An issue of territorial jurisdiction cannot be tried by filing an application for revocation of leave. A plea of territorial jurisdiction is essentially a mixed question of law and fact. It is for this reason, the defendants should be allowed to raise such plea in the written statement to enable the Court to try it on its merits in accordance with law. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Isha Distribution House Pvt. Ltd. v. Aditya Birla Nuvo Ltd., JT 2019 (3) SC 331 : 2019 (4) Scale 474 C.A. No. 2554 of 2019 07-03-2019
Civil P.C. 1908 - O. 23 R. 1A r/w. O. I R. 10 - Court may strike out or add parties - When transposition of defendants as plaintiff may be permitted. Uday Umesh Lalit & Dinesh Maheshwari, JJ. R. Dhanasundari @ R. Rajeswari v. A.N. Umakanth, 2019 (4) Scale 161 C.A. No. 7292 of 2009 06-03-2019
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
Civil P.C. 1908 - O. 7 R. 11(d) - Rejection of the Plaint - By mere clever drafting, the plaintiff cannot bring the suit within the period of limitation. L. Nageswara Rao & M.R. Shah, JJ. Raghwendra Sharan Singh v. Ram Prasanna Singh, JT 2019 (3) SC 299 C.A. No. 2960 of 2019 13-03-2019
Civil P.C. 1908 - O. 7 R. 11(d) - Rejection of the Plaint - By mere clever drafting, the plaintiff cannot bring the suit within the period of limitation. L. Nageswara Rao & M.R. Shah, JJ. Raghwendra Sharan Singh v. Ram Prasanna Singh, JT 2019 (3) SC 299 C.A. No. 2960 of 2019 13-03-2019
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
Civil P.C. 1908 - S. 100 - Second Appeal - Jurisdiction of High Court to entertain second appeal under Section 100 CPC after the 1976 Amendment, is confined only when the second appeal involves a substantial question of law. The existence of ‘a substantial question of law’ is a sine qua non for the exercise of the jurisdiction under Section 100 of the CPC. L. Nageswara Rao & M.R. Shah, JJ. Gurnam Singh v. Lehna Singh, JT 2019 (3) SC 368 C.A. No. 6567 of 2014 13-03-2019
Civil P.C. 1908 - S. 100 - Second Appeal - Jurisdiction of High Court to entertain second appeal under Section 100 CPC after the 1976 Amendment, is confined only when the second appeal involves a substantial question of law. The existence of ‘a substantial question of law’ is a sine qua non for the exercise of the jurisdiction under Section 100 of the CPC. L. Nageswara Rao & M.R. Shah, JJ. Gurnam Singh v. Lehna Singh, JT 2019 (3) SC 368 C.A. No. 6567 of 2014 13-03-2019
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
Civil P.C. 1908 - S. 100 - Substantial Question(s) of Law - the High Court has no jurisdiction to allow the second appeal without framing a substantial question of law as provided under Section 100 of the Code - the sine qua non for allowing the second appeal is to first frame the substantial question(s) of law arising in the case and then decide the second appeal by answering the question(s) framed. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Chand Kaur v. Mehar Kaur, JT 2019 (3) SC 595 C.A. No. 3276 of 2019 28-03-2019
Civil P.C. 1908 - S. 100 (4) - Second Appeal - Substantial Questions of Law - the disposal of the second appeal by the High Court by answering the question(s) which was/were not framed either at the time of admission of the second appeal or framed without ensuring compliance of the mandatory procedure prescribed in proviso to Section 100 (5) of the Code is not legally sustainable. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Tanuku Taluk Village Officers' Association v. Tanuku Municipality, JT 2019 (3) SC 310 C.A. No. 2918 of 2019 12-03-2019
Civil P.C. 1908 - S. 100 - Substantial Question(s) of Law - the High Court has no jurisdiction to allow the second appeal without framing a substantial question of law as provided under Section 100 of the Code - the sine qua non for allowing the second appeal is to first frame the substantial question(s) of law arising in the case and then decide the second appeal by answering the question(s) framed. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Chand Kaur v. Mehar Kaur, JT 2019 (3) SC 595 C.A. No. 3276 of 2019 28-03-2019
Civil P.C. 1908 - S. 100 (4) - Second Appeal - Substantial Questions of Law - the disposal of the second appeal by the High Court by answering the question(s) which was/were not framed either at the time of admission of the second appeal or framed without ensuring compliance of the mandatory procedure prescribed in proviso to Section 100 (5) of the Code is not legally sustainable. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Tanuku Taluk Village Officers' Association v. Tanuku Municipality, JT 2019 (3) SC 310 C.A. No. 2918 of 2019 12-03-2019
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
Civil P.C. 1908 - S. 9 - Ceiling on Land Holdings Act, 1972 (Haryana) - S. 26 - Bar of Jurisdiction - Section 26 (b) of the Act clearly bars filing of civil suit to examine the legality of the order passed by the Prescribed Authority under the Act - the Civil Court’s jurisdiction is expressly taken away by Section 26(b) of the Act from examining the legality of orders passed under the Act - Remedy of the plaintiffs in such case lies in filing appeal/revision under Section 18 of the Act against the order of the Prescribed Authority. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Meg Raj (Dead) Thr. L.Rs. v. Manphool (Dead) Thr. L.Rs., C.A. No. 7426 of 2011 15-03-2019
Civil P.C. 1908 - S. 9 - Ceiling on Land Holdings Act, 1972 (Haryana) - S. 26 - Bar of Jurisdiction - Section 26 (b) of the Act clearly bars filing of civil suit to examine the legality of the order passed by the Prescribed Authority under the Act - the Civil Court’s jurisdiction is expressly taken away by Section 26(b) of the Act from examining the legality of orders passed under the Act - Remedy of the plaintiffs in such case lies in filing appeal/revision under Section 18 of the Act against the order of the Prescribed Authority. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Meg Raj (Dead) Thr. L.Rs. v. Manphool (Dead) Thr. L.Rs., C.A. No. 7426 of 2011 15-03-2019
Civil P.C. 1908 - An order of refusal
to re-admit the appeal passed by the Appellate Court under Order 41 Rule 19 of
the Code is made expressly appealable under Order 43 Rule 1(t) of the Code to the
High Court. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Commissioner, Mysore Urban Development
Authority v. S.S. Sarvesh, 2019 (1) JLJR 502 : 2019 (2) MLJ 350 : 2019 (1) PLJR
574 : 2019 (1) RCR (Civil) 982 : 2019 (2) Scale 475 C.A. No. 1463 of 2019 05-02-2019
Civil P.C. 1908 - O. 47 R. 1 - Every error
whether factual or legal cannot be made subject matter of review under Order 47
Rule 1 of the Code though it can be made subject matter of appeal arising out of
such order. In other words, in order to attract the provisions of Order 7 47 Rule
1 of the Code, the error/mistake must be apparent on the face of the record of the
case. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Asharfi Devi (d) Thr. Lrs. v.
State of U.P., AIR 2019 SC 832 : 2019 ALT (Rev) 17 : 2019 (2) Scale 421 C.A.
No. 5217 of 2010 01-02-2019
Civil P.C. 1908 - O. 9 R. 6(1)(a) &
13, O.17 Rr. 2 & 3 - Procedure when only plaintiff appears When summons duly
served - Procedure if parties fail to appear on day fixed - Court may proceed notwithstanding
either party fails to produce evidence, etc. - Scope of Order 17 Rule 2 and Order
17 Rule 3 of the Code. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. G. Ratna Raj (d) by Lrs. v. Muthukumarasamy
Permanent Fund Ltd., JT 2019 (3) SC 524 : 2019 (2) Scale 425 C.A. No. 2582 of
2011 01-02-2019
Civil P.C. 1908 - O. IX R. 13 - Application
for setting aside the ex-parte decree - Sufficient Cause - When an application is
filed for setting aside ex-parte decree under Order IX Rule 13 of CPC, the only
aspect which is required to be considered is whether any sufficient cause is shown
for absence in the matter when the matter was called. R. Banumathi & R.
Subhash Reddy, JJ. A. Murugesan v. Jamuna Rani, 2019 (2) ALT 159 : JT 2019
(2) SC 314 : 2019 (3) Scale 559 C.A. No. 1545 of 2019 07-02-2019
Civil P.C. 1908 - O. V R. 1 (1), O. VIII
R. 1 & 10 - Procedure when party fails to present written statement called for
by Court - Beyond 120 days from the date of service of summons, the defendant shall
forfeit the right to file the written statement and the Court shall not allow the
written statement to be taken on record. R.F.
Nariman & Vineet Saran, JJ. SCG Contracts India Pvt. Ltd v. K.S. Chmankar
Infrastructutre Pvt. Ltd., 2019 (4) Scale 574 C.A. No. 1638 of 2019 12-02-2019
Civil P.C. 1908 - O. VI R. 17 - Amendment
of the Plaint - Leave to amend may be refused if it introduces a totally different,
new and inconsistent case, or challenges the fundamental character of the suit.
The proviso to Order VI Rule 17 of the CPC virtually prevents an application for
amendment of pleadings from being allowed after the trial has commenced, unless
the Court comes to the conclusion that in spite of due diligence, the party could
not have raised the matter before the commencement of the trial. The proviso, to
an extent, curtails absolute discretion to allow amendment at any stage. Therefore,
the burden is on the person who seeks an amendment after commencement of the trial
to show that in spite of due diligence, such an amendment could not have been sought
earlier. There cannot be any dispute that an amendment cannot be claimed as a matter
of right, and under all circumstances. Though normally amendments are allowed in
the pleadings to avoid multiplicity of litigation, the Court needs to take into
consideration whether the application for amendment is bona fide or mala fide and
whether the amendment causes such prejudice to the other side which cannot be compensated
adequately in terms of money. N.V. Ramana & Mohan
M. Shantanagoudar, JJ. R. Revanna v. Anjanamma (dead) by Lrs., 2019 (3) Scale
412 C.A. No. 1669 of 2019 14-02-2019
Civil P.C. 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
Civil P.C. 1908 - S. 75, O. XXVI R. 10
(3) - If the Local Commissioner’s report was found wanting in compliance of applicable
instructions for the purpose of demarcation, it was only a matter of irregularity
and could have only resulted in discarding of such a report and requiring a fresh
report but any such flaw, by itself, could have neither resulted in nullifying the
order requiring appointment of Local Commissioner and for recording a finding after
taking his report nor in dismissal of the suit. Abhay Manohar Sapre & Dinesh
Maheshwari, JJ. Ram Lal v. Salig Ram, AIR 2019 SC 729 : 2019 (2) ALD 70 :
2019 (2) ALT 1 : JT 2019 (2) SC 106 : 2019 (1) RCR (Civil) 969 : 2019 (2) Scale
524 C.A. No. 8285 of 2009 04-02-2019
Civil P.C. 1908 - Section 89 - Ram Janmabhoomi
Case - Ayodhya Matter - Mediation - the mediation suggested is only to effectively
utilize the time of eight weeks that would be taken to make the cases ready for
hearing. Ranjan
Gogoi (CJI), Sharad Arvind Bobde, D.Y. Chandrachud, Ashok Bhushan, JJJ. M.
Siddiq (d) Thr. Lrs. v. Mahant Suresh Das, C.A. 10866 of 2010 26-02-2019
Civil P.C. 1908 - Ss. 15 to 20 - “place
of suing” - Suits to be instituted where subject matter situate - Suits for immovable
property situate within jurisdiction of different Courts - For a suit filed in a
Court pertaining to properties situated in jurisdiction of more than two courts,
the suit is maintainable only when suit is filed on one cause of action. Ashok
Bhushan & K.M. Joseph, JJ. Shivnarayan (d) by Lrs. v. Maniklal (d) Thr.
Lrs., 2019 (2) ALT 35 : JT 2019 (2) SC 295 : 2019 (2) Scale 620 C.A. No. 1052
of 2019 C.A. No. 1052 of 2019 06-02-2019
Civil P.C. 1973 - S. 115 - Revision Petitions
are not maintainable against interlocutory orders - Revisional Jurisdiction is to
be exercised to correct jurisdictional errors only. R.F.
Nariman & Vineet Saran, JJ. Tek Singh v. Shashi Verma, AIR 2019 SC 1047
: 2019 (1) ALT 77 : 2019 (3) Scale 86 C.A. No. 1416 of 2019 04-02-2019
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
Companies Act, 2013 - S. 212(1)(c) - Limited Liability Partnership Act, 2008 - Ss. 43(2) & (3)(c)(i) - Companies (Arrests in connection with Investigation by Serious Fraud Investigation Office) Rules, 2017 - Rule (2) - Establishment of Serious Fraud Investigation Office - Investigation of the affairs of limited liability partnership. Abhay Manohar Sapre & U.U. Lalit, JJ. Serious Fraud Investigation Office v. Rahul Modi, JT 2019 (3) SC 597 Crl.A. No. 538 of 2019 27-03-2019
Companies Act, 2013 - S. 212(1)(c) - Limited Liability Partnership Act, 2008 - Ss. 43(2) & (3)(c)(i) - Companies (Arrests in connection with Investigation by Serious Fraud Investigation Office) Rules, 2017 - Rule (2) - Establishment of Serious Fraud Investigation Office - Investigation of the affairs of limited liability partnership. Abhay Manohar Sapre & U.U. Lalit, JJ. Serious Fraud Investigation Office v. Rahul Modi, JT 2019 (3) SC 597 Crl.A. No. 538 of 2019 27-03-2019
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
Company Law - National Company Law Appellate Tribunal Rules, 2016 - Rule 48 - Issue of Notice - No notice was served upon the appellant before the NCLAT as stipulated under the rules, and the right of the appellant to be heard, audi alteram partem, has been violated. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Jai Balaji Industries Limited v. State Bank of India, C.A. No. 1929 of 2019 08-03-2019
Competition Act, 2002 - S. 53T - Monopolies and Restrictive Trade Practices Act, 1969 - S. 55 - the issues which would arise in the present case related to unfair trade practices and whether the terms and conditions in the agreement to sell/allotment agreement were valid and good. These aspects were not gone into and examined primarily because the appellant did not have proper legal guidance and assistance. Ranjan Gogoi (CJI), L. Nageswara Rao & Sanjiv Khanna, JJ. Sudha Gupta v. DLF Ltd., 2019 (4) Scale 532 C.A. No. 9646 of 2013 07-03-2019
Company Law - National Company Law Appellate Tribunal Rules, 2016 - Rule 48 - Issue of Notice - No notice was served upon the appellant before the NCLAT as stipulated under the rules, and the right of the appellant to be heard, audi alteram partem, has been violated. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Jai Balaji Industries Limited v. State Bank of India, C.A. No. 1929 of 2019 08-03-2019
Competition Act, 2002 - S. 53T - Monopolies and Restrictive Trade Practices Act, 1969 - S. 55 - the issues which would arise in the present case related to unfair trade practices and whether the terms and conditions in the agreement to sell/allotment agreement were valid and good. These aspects were not gone into and examined primarily because the appellant did not have proper legal guidance and assistance. Ranjan Gogoi (CJI), L. Nageswara Rao & Sanjiv Khanna, JJ. Sudha Gupta v. DLF Ltd., 2019 (4) Scale 532 C.A. No. 9646 of 2013 07-03-2019
Constitution of India - Art. 136 - When the two Courts
below in their respective jurisdiction have appreciated the entire ocular evidence,
then Supreme Court would be very slow in exercise of its appellate jurisdiction
to appreciate the evidence afresh unless the appellants are able to point out that
the concurrent finding of two Courts below is wholly perverse or is recorded without
any evidence or is recorded by misreading or ignoring the material evidence. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Madan Mohan Mahto v. State of
Jharkhand thr. its Chief Secretary Secretariat, Jharkhand at Ranchi, 2019 (1) Crimes
74 : JT 2019 (2) SC 99 : 2019 (2) Scale 730 Crl.A. No. 379 of 2010 07-02-2019
Constitution of India - Art. 142 - Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - S. 3(1)(xi) - Enforcement
of decrees and orders of Supreme Court and unless as to discovery, etc. - Punishments
for offences of atrocities - Assaults or uses force to any woman belonging to a
Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty
- Where minimum sentence is provided for, the Court cannot impose less than the
minimum sentence - Provisions of Article 142 of the Constitution cannot be resorted
to impose sentence less than the minimum sentence. D.Y. Chandrachud & Hemant
Gupta, JJ. State of Madhya Pradesh v. Vikram Das, AIR 2019 SC 835 : 2019
(1) CGLJ 457 : 2019 (2) JLJ 1 : JT 2019 (2) SC 121 : 2019 (1) RCR (Criminal) 986
: 2019 (2) Scale 695 Crl.A. No. 208 of 2019 08-02-2019
Constitution of India - Art. 226 - A writ of mandamus is issued, when there is a right and correspondingly there is a legal duty to perform. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Municipal Corporation of Greater Mumbai v. Rafiqunnisa M. Khalifa (d) Thr. His Legal Heir Mr. Mohd. Muqueen Qureshi, JT 2019 (2) SC 410 : 2019 (4) Scale 655 C.A. No. 1727 of 2019 18-02-2019
Constitution of India - Art. 226 - Administrative decisions are subject to judicial review only on grounds of perversity, patent illegality, irrationality, want of power to take the decision and procedural irregularity. Except on these grounds administrative decisions are not interfered with, in exercise of the extra ordinary power of judicial review. Judicial review under Article 226 is directed, not against the decision, but the decision making process. R. Banumathi & Indira Banerjee, JJ. Sarvepalli Ramaiah (d) Tr. Lrs. v. District Collector Chittoor Dist., C.A. No. 7461 of 2009 14-03-2019
Constitution of India - Art. 226 - It is not the function of the Courts to frame any Scheme but it is the sole prerogative of the Government to do it. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Union of India v. All India Trade Union Congress, JT 2019 (3) SC 432 C.A. No. 3146 of 2019 15-03-2019
Constitution of India - Art. 226 - A writ of mandamus is issued, when there is a right and correspondingly there is a legal duty to perform. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Municipal Corporation of Greater Mumbai v. Rafiqunnisa M. Khalifa (d) Thr. His Legal Heir Mr. Mohd. Muqueen Qureshi, JT 2019 (2) SC 410 : 2019 (4) Scale 655 C.A. No. 1727 of 2019 18-02-2019
Constitution of India - Art. 226 - Administrative decisions are subject to judicial review only on grounds of perversity, patent illegality, irrationality, want of power to take the decision and procedural irregularity. Except on these grounds administrative decisions are not interfered with, in exercise of the extra ordinary power of judicial review. Judicial review under Article 226 is directed, not against the decision, but the decision making process. R. Banumathi & Indira Banerjee, JJ. Sarvepalli Ramaiah (d) Tr. Lrs. v. District Collector Chittoor Dist., C.A. No. 7461 of 2009 14-03-2019
Constitution of India - Art. 226 - It is not the function of the Courts to frame any Scheme but it is the sole prerogative of the Government to do it. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Union of India v. All India Trade Union Congress, JT 2019 (3) SC 432 C.A. No. 3146 of 2019 15-03-2019
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
Constitution of India - Article 226(2) of the Constitution,
in clear terms, empowers the High Court (let us say “A” High Court) to entertain
the writ petition if the cause of action to file such writ petition against the
respondents of the said writ petition has arisen wholly or in part within the territorial
jurisdiction of “A” High Court. Clause (2) further empowers a High Court to issue
any order, directions or writ as provided in clause (1) of Article 226 of the Constitution
in such writ petition notwithstanding that seat of such Government or the Authority
or the residence of such person against whom the writ petition is filed does not
fall within the territories of the “A” High Court but falls in the territories of
the “B” High Court. Abhay
Manohar Sapre & Dinesh Maheswari, JJ. Cement Workers' Mandal v. Global
Cements Ltd. (HMP Cements Ltd.), 2019 (4) Scale 661 C.A. No. 5360 of 2010 14-02-2019
Constitution of India - Article 239AA - Power - Status
- National Capital Territory of Delhi - Entry 41 of List II of the Seventh Schedule
of the Constitution is not available to the Delhi Legislative Assembly. A.K.
Sikri & Ashok Bhushan, JJ. Govt. of Nct of Delhi v. Union of India, 2019
(3) Scale 107 C.A. No. 2357 of 2017 14-02-2019
Constitution of India - Article 32 - Student of Medicine
- Loss of an Academic Year - Compensation. D.Y.
Chandrachud & Hemant Gupta, JJ. Riya Goerge v. Kannur Medical College,
2019 (3) Scale 662 W.P. (C) No. 1247 of 2018 21-02-2019
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
Constitution of India - Neither the Ramakrishna Mission,
nor the hospital would constitute an authority within the meaning of Article 226.
D.Y.
Chandrachud & Hemant Gupta, JJ. Ramakrishna Mission v. Kago Kunya,
C.A. No. 2394 of 2019 28-02-2019
Constitution of India - Show Cause Notice - the High
Court has committed error in entertaining the writ petition at the stage of show
cause notices. Uday Umesh Lalit & R.
Subhash Reddy, JJ. Union of India v. Coastal Container Transporters Association,
2019 (3) Scale 758 C.A. No. 2276 of 2019 26-02-2019
Constitution of India, 1950 - Art. 32 - Delhi Special
Police Establishment Act, 1946 - S. 4A - Committee for appointment of Director -
Since the regular Director has been appointed the main prayer of the petitioner
stands satisfied and there is absolutely no justification to continue with this
writ petition in the aforesaid circumstances. In case the due process has not been
followed in the appointment, it is always open to any incumbent, if so advised,
to question the appointment in accordance with law but not in the routine manner
and undue haste as shown in the petition. Arun Mishra & Navin Sinha, JJ. Common
Cause v. Union of India, 2019 (3) Scale 678 W.P. (C) No. 54 of 2019 19-02-2019
Constitution of India - 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
Consumer Law - A buyer can be expected to wait for possession for a reasonable period. A period of seven years is beyond what is reasonable. D.Y. Chandrachud & Hemant Gupta, JJ. Kolkata West International City Pvt. Ltd. v. Devasis Rudra, C.A. No. 3182 of 2019 25-03-2019
Consumer Law - A buyer can be expected to wait for possession for a reasonable period. A period of seven years is beyond what is reasonable. D.Y. Chandrachud & Hemant Gupta, JJ. Kolkata West International City Pvt. Ltd. v. Devasis Rudra, C.A. No. 3182 of 2019 25-03-2019
Consumer Law - Developer - Possession of the Apartments
- Deficient in rendering service - Refund of Money along with interest - Compensation
for delayed delivery of possession - Governing Principles. U.U.
Lalit & Hemant Gupta, JJ. DLF Homes Panchkula (P) Ltd. v. Sushila Devi,
C.A. No. 2285 of 2019 26-02-2019
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
Consumer Law - Insurance - Loss and damage to the roads which had been worked upon due to “abnormal rainfall and water logging” - due to heavy rains on 29 June 2007, the roads were inundated and the top layer had been washed out - Held, there was only surface damage and no evidence of the road having been washed out as a result of excessive monsoon rain or inundation - the dates on which the alleged damage is stated to have occurred had not witnessed excessive rainfall and the rain was within normal parameters - failure of the appellant to examine any expert in regard to the cause of the damage is a significant omission - Insurance policy specifically excluded normal wear and tear - In order to establish that this was not a case involving normal wear and tear, the appellant sought to rely upon what it described as abnormal rainfall and water logging - Evidence on the record did not sustain the basis of such a claim. D.Y. Chandrachud & Hemant Gupta, JJ. Mahavir Road and Infrastructure Pvt. Ltd. v. Iffco Tokio General Insurance Co. Ltd., C.A. No. 7315 of 2016 25-03-2019
Consumer Law - Insurance - Loss and damage to the roads which had been worked upon due to “abnormal rainfall and water logging” - due to heavy rains on 29 June 2007, the roads were inundated and the top layer had been washed out - Held, there was only surface damage and no evidence of the road having been washed out as a result of excessive monsoon rain or inundation - the dates on which the alleged damage is stated to have occurred had not witnessed excessive rainfall and the rain was within normal parameters - failure of the appellant to examine any expert in regard to the cause of the damage is a significant omission - Insurance policy specifically excluded normal wear and tear - In order to establish that this was not a case involving normal wear and tear, the appellant sought to rely upon what it described as abnormal rainfall and water logging - Evidence on the record did not sustain the basis of such a claim. D.Y. Chandrachud & Hemant Gupta, JJ. Mahavir Road and Infrastructure Pvt. Ltd. v. Iffco Tokio General Insurance Co. Ltd., C.A. No. 7315 of 2016 25-03-2019
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
Consumer Law - Shipments (Comprehensive Risk) Policy. D.Y. Chandrachud & Hemant Gupta, JJ. Export Credit Guarantee Corpn. of India Ltd. v. M.S. Creations, C.A. No. 2987 of 2019 13-03-2019
Consumer Law - Shipments (Comprehensive Risk) Policy. D.Y. Chandrachud & Hemant Gupta, JJ. Export Credit Guarantee Corpn. of India Ltd. v. M.S. Creations, C.A. No. 2987 of 2019 13-03-2019
Consumer Protection Act, 1986 - S. 12 (1) (c) - Since
possession has not been handed over, the developer cannot avoid the liability to
pay interest at the rate awarded by the NCDRC until the date when possession is
actually handed over. D.Y.
Chandrachud & Hemant Gupta, JJ. R.V. Rasannakumaar v. Mantri Castles
Pvt. Ltd., 2019 (4) Scale 570 C.A. No. 1232 of 2019 11-02-2019
Consumer Protection Act, 1986 - S. 23 - Appeal - the Commission does have the jurisdiction to dismiss the complaint in limine and decline its admission without notice to the opposite party. However, such jurisdiction to dismiss the complaint in limine has to be exercised by the Commission having regard to facts of each case, i.e., in appropriate case. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Anjaneya Jewellery v. New India Assurance Co. Ltd., JT 2019 (3) SC 192 : 2019 (4) Scale 480 C.A. No. 6878 of 2018 07-03-2019
Consumer Protection Act, 1986 - S. 23 - Appeal - the Commission does have the jurisdiction to dismiss the complaint in limine and decline its admission without notice to the opposite party. However, such jurisdiction to dismiss the complaint in limine has to be exercised by the Commission having regard to facts of each case, i.e., in appropriate case. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Anjaneya Jewellery v. New India Assurance Co. Ltd., JT 2019 (3) SC 192 : 2019 (4) Scale 480 C.A. No. 6878 of 2018 07-03-2019
Contempt of Court - A party can be proceeded for
disobedience of the order of the court only when there is willful disobedience and
noncompliance of the order passed by the court. In the contempt jurisdiction, the
court has to confine itself to the four corners of the order alleged to have been
disobeyed. R.
Banumathi & R. Subhash Reddy, JJ. Er. K. Arumugam v. V. Balakrishnan,
AIR 2019 SC 818 : 2019 (2) ALD 76 : 2019 ALT (Rev) 20 : 2019 (2) MLJ 517 : 2019
(1) RCR (Civil) 974 : 2019 (2) Scale 599 C.A. No. 1510 of 2019 06-02-2019
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
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
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
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
Contempt of Courts Act, 1971 - S. 12 - Punishment
for Contempt of Court - Disobedience of an order to pay a sum of money may be countered
by orders of attachment instead of committal to prison. On the other hand, in cases
of perverse and deliberate flouting of undertakings, it had no option except to
convict. So-called apologies, which are only tactful moves when contemnors are in
a tight corner, should not be accepted and a jail sentence should be awarded. R.F.
Nariman & Vineet Saran, JJ. Reliance Communication Limited v. State Bank
of India, 2019 (3) Scale 428 W.P. (C) No. 845 of 2018 20-02-2019
Contract Act, 1872 - Section 74 - Law on compensation
for breach of contract. R.F.
Nariman & Vineet Saran, JJ. Mahanagar Telephone Nigam Ltd. v. Tata Communications
Ltd., JT 2019 (3) SC 350 : 2019 (3) Scale 864 C.A. No. 1766 of 2019 27-02-2019
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
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
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
Criminal Law - Criminal complaints cannot be quashed
only on the ground that the allegations made therein appear to be of a civil nature.
If the ingredients of the offence alleged against the accused are prima facie made
out in the complaint, the criminal proceeding shall not be interdicted. L.
Nageswara Rao & M.R. Shah, JJ. Kamal Shivaji Pokarnekar v. State of Maharashtra,
AIR 2019 SC 847 : JT 2019 (2) SC 243 : 2019 (3) Scale 277 Crl.A. No. 255 of
2019 12-02-2019
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
Criminal Law - The benefit of rehearing of the appeal
cannot be denied to other co-accused. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Deep Narayan Chourasia v. State
of Bihar, 2019 (3) Scale 603 Crl.A. No. 180 of 2019 25-02-2019
Criminal P.C. 1973 - S. 125 - the need to remand the case to the SDJM is called for only when some factual inquiry is required to be held to decide any factual issue involved in the case which cannot be undertaken at the revision stage or when it is noticed that there is no finding on any particular factual issue(s) recorded by the SDJM or when additional evidence is filed for the first time at the appellate/revision stage which requires examination by the SDJM in the first instance and to record a finding in the light of such additional evidence. Such is not the case here because all the material for fixing the maintenance was on record. It is for these reasons, there was no need to remand the case to the SDMJ as it would only prolong the litigation causing harm to the respondent(wife). Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Manik Kutum v. Julie Kutum, JT 2019 (3) SC 190 : 2019 (4) Scale 478 Crl.A. No. 448 of 2019 07-03-2019
Criminal P.C. 1973 - S. 125 - the need to remand the case to the SDJM is called for only when some factual inquiry is required to be held to decide any factual issue involved in the case which cannot be undertaken at the revision stage or when it is noticed that there is no finding on any particular factual issue(s) recorded by the SDJM or when additional evidence is filed for the first time at the appellate/revision stage which requires examination by the SDJM in the first instance and to record a finding in the light of such additional evidence. Such is not the case here because all the material for fixing the maintenance was on record. It is for these reasons, there was no need to remand the case to the SDMJ as it would only prolong the litigation causing harm to the respondent(wife). Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Manik Kutum v. Julie Kutum, JT 2019 (3) SC 190 : 2019 (4) Scale 478 Crl.A. No. 448 of 2019 07-03-2019
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
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
Criminal P.C. 1973 – S. 319 - Power to proceed against other persons appearing to be guilty of offence - Mere disclosing the names of the accused cannot be said to be strong and cogent evidence to make them to stand trial for the offence - Additional accused cannot be summoned under Section 319 of the Code in casual and cavalier manner in the absence of strong and cogent evidence - Can be summoned only if there is more than prima facie case as is required at the time of framing of charge but which is less than the satisfaction required at the time of conclusion of the trial convicting the accused. D.Y. Chandrachud & Hemant Gupta, JJ. Periyasami v. S. Nallasamy, JT 2019 (3) SC 294 Crl.A. No. 456 of 2019 14-03-2019
Criminal P.C. 1973 – S. 319 - Power to proceed against other persons appearing to be guilty of offence - Mere disclosing the names of the accused cannot be said to be strong and cogent evidence to make them to stand trial for the offence - Additional accused cannot be summoned under Section 319 of the Code in casual and cavalier manner in the absence of strong and cogent evidence - Can be summoned only if there is more than prima facie case as is required at the time of framing of charge but which is less than the satisfaction required at the time of conclusion of the trial convicting the accused. D.Y. Chandrachud & Hemant Gupta, JJ. Periyasami v. S. Nallasamy, JT 2019 (3) SC 294 Crl.A. No. 456 of 2019 14-03-2019
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
Criminal P.C. 1973 - S. 482 - Penal Code, 1860 - Ss. 143, 147, 148, 323, 392, 395 & 397 - Quashing of FIR - The High Court instead of quashing the FIR at such a preliminary stage should have directed the IO to make proper investigation on the basis of the FIR and then file proper charge sheet on the basis of the material collected in the investigation accordingly. It was, however, not done. It was more so because, the FIR did disclose prima facie allegations of commission of concerned offences. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Rafiq Ahmedbhai Paliwala v. State of Gujarat, Crl.A. No. 506 of 2019 15-03-2019
Criminal P.C. 1973 - S. 482 - Penal Code, 1860 - Ss. 143, 147, 148, 323, 392, 395 & 397 - Quashing of FIR - The High Court instead of quashing the FIR at such a preliminary stage should have directed the IO to make proper investigation on the basis of the FIR and then file proper charge sheet on the basis of the material collected in the investigation accordingly. It was, however, not done. It was more so because, the FIR did disclose prima facie allegations of commission of concerned offences. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Rafiq Ahmedbhai Paliwala v. State of Gujarat, Crl.A. No. 506 of 2019 15-03-2019
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
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
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
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
Criminal P.C. 1973 - Ss. 397 r/w. 401 - Penal Code, 1860 - S. 306 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - S. 3(2)(V) - High Court has evidently ignored what has emerged during the course of the investigation - material indicates that several complaints were filed by the deceased - last of them was filed a few days before the suicide - It is alleged that the respondent had taken a loan of Rs 5 lakhs through fraudulent means in the name of the deceased and an altercation took place between him and the deceased in that regard - respondent is alleged to have got the deceased evicted from a rented house as well as terminated from her employment at Central Bank - there is a dying declaration - there is sufficient material on record to uphold the order framing charges of the Trial Court - discharge of the accused was not justified. D.Y. Chandrachud & Hemant Gupta, JJ State of Madhya Pradesh v. Deepak, Crl.A. No. 485 of 2019 13-03-2019
Criminal P.C. 1973 - Ss. 397 r/w. 401 - Penal Code, 1860 - S. 306 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - S. 3(2)(V) - High Court has evidently ignored what has emerged during the course of the investigation - material indicates that several complaints were filed by the deceased - last of them was filed a few days before the suicide - It is alleged that the respondent had taken a loan of Rs 5 lakhs through fraudulent means in the name of the deceased and an altercation took place between him and the deceased in that regard - respondent is alleged to have got the deceased evicted from a rented house as well as terminated from her employment at Central Bank - there is a dying declaration - there is sufficient material on record to uphold the order framing charges of the Trial Court - discharge of the accused was not justified. D.Y. Chandrachud & Hemant Gupta, JJ State of Madhya Pradesh v. Deepak, Crl.A. No. 485 of 2019 13-03-2019
Criminal Procedure Code, 1973 - It is mandatory for
the Magistrate to specify as to whether the sentences awarded to the accused would
run concurrently or consecutively when the accused is convicted for more than one
offence in a trial. Abhay
Manohar Sapre & Dinesh Maheswari, JJ. Gagan Kumar v. State of Punjab,
AIR 2019 SC 1009 : 2019 (3) Scale 390 Crl.A. No. 266 of 2019 14-02-2019
Criminal Procedure Code, 1973 - S. 235 - Judgment
of Acquittal or Conviction - Section 235 (2) of the CrPC is not a mere formality.
It is obligatory on the part of the trial Judge to hear the accused on the question
of sentence and deal with it. N.V. Ramana, Mohan M. Shantanagoudar & Indira
Banerjee, JJ. Md. Mannan @ Abdul Mannan v. State of Bihar, R.P. (Crl.
) No. 308 of 2011 14-02-2019
Criminal Procedure Code, 1973 - S. 456 - Power to
restore possession of immovable property - The Trial Court can pass an order for
restoration of the possession of the property to the person who was forcibly dispossessed
- No such order shall be passed after one month of the date of conviction - If the
Court trying the offence has not made such an order, the Court of appeal, confirmation
or revision can also make such an order while disposing of the proceedings pending
before it - No limitation has been provided for the higher courts to make such order.
Sanjay Kishan Kaul & Deepak
Gupta, JJ. Mahesh Dube v. Shivbodh, AIR 2019 SC 938 : 2019 (3) Scale 268
Crl.A. No. 1104 of 2011 12-02-2019
Criminal Procedure Code, 1973 - S. 482 - Guiding
principles for exercise of power under Section 482 Cr. P.C. while dealing with the
proposition of settlement and for quashing the criminal proceedings. Abhay Manohar
Sapre & Dinesh
Maheshwari, JJ. Satish Sharma v. State (NCT of Delhi), AIR 2019 SC 910 :
JT 2019 (2) SC 256 : 2019 (2) Scale 658 Crl.A. No. 234 of 2019 08-02-2019
Criminal Procedure Code, 1973 - S. 482 - Penal Code,
1860 - Ss. 120B r/w. 409, 420, 468, 471 - Prevention of Corruption Act, 1988 - Ss.
13(2) r/w. 13(i) (c) & (d) - there is no criminality issue surviving qua those
accused, who are alive so as to allow the prosecuting agency to continue with the
criminal trial on merits. Indeed, it would be an abuse of process, as was rightly
held by the High Court to which we concur. Abhay
Manohar Sapre & L. Nageswara Rao, JJ. C.B.I New Delhi v. B.B. Agarwal,
AIR 2019 SC 1045 : JT 2019 (3) SC 130 : 2019 (4) Scale 389 Crl.A. No. 2107 of
2011 18-02-2019
Criminal Procedure Code, 1973 - S. 482 - Penal Code,
1860 - Ss. 307, 294 r/w. 34 & 394 - Madhya Pradesh Dacoity Vihavran Prabhavit
Kshetra Act, 1981 - Ss. 11 & 13 - Arms Act, 1959 - Ss. 25 & 27 - Settlement
between Parties - Quashing of the FIR / Complaint / Criminal Proceedings - Antecedents
of the Accused. L. Nageswara Rao & M.R.
Shah, JJ. State of Mahya Pradesh v. Dhruv Gurjar, JT 2019 (3) SC 82 Crl.A.
No. 336 of 2019 22-02-2019
Criminal Procedure Code, 1973 - S. 482 - Penal Code,
1860 - Ss. 405, 406, 415 & 420 r/w. 34 - Criminal breach of trust - Cheating
and dishonestly inducing deliver of property - Ingredients of - Where the ingredients
required to constitute a criminal offence are not made out from a bare reading of
the complaint, the continuation of the criminal proceeding will constitute an abuse
of the process of the court. D.Y.
Chandrachud & Hemant Gupta, JJ. Prof. R.K. Vijayasarthy v. Sudha Seetharam,
JT 2019 (3) SC 420 : 2019 (3) Scale 56 315-02-2019
Criminal Procedure Code, 1973 - Ss. 190 (1) (b) &
397 (2) - Summons - Revision - While taking cognizance of an offence under Section
190(1) (b) Cr.P.C., whether the court has to record reasons for its satisfaction
of sufficient grounds for issuance of summons - Whether revision under Section 397(2)
Cr.P.C. against order of issue of process is maintainable - Discussed. R.
Banumathi & Indira Banerjee, JJ. State of Gujarat v. Afroz Mohammed Hasanfatta,
2019 (1) Crimes 56 : JT 2019 (2) SC 212 : 2019 (1) MLJ(Cri) 495 : 2019 (1) RCR (Criminal)
946 : 2019 (2) Scale 634 Crl.A. No. 224 of 2019 05-02-2019
Criminal Procedure Code, 1973 - Ss. 195 & 340
- Penal Code, 1860 - S. 193 - Punishment for False Evidence - Prosecution for contempt
of lawful authority of public servants, for offences against public justice and
for offences relating to documents given in evidence - Procedure in cases mentioned
in Section 195. A.K. Sikri & S.
Abdul Nazeer, JJ. Sh. Narendra Kumar Srivastava v. State of Bihar, 2019 (1)
Bom.C.R.(Cri.) 634 : 2019 (1) CGLJ 391 : 2019 (1) Crimes 49 : 2019 (1) JLJR 505
: 2019 (1) PLJR 577 : 2019 (2) SCALE 591 : (2019) 3 SCC 318 Crl.A. No. 211 of
2019 04-02-2019
Criminal Procedure Code, 1973 - Ss. 216, 386 &
464 - Powers of the Court to alter the charge - Effect of omission to frame, or
absence of, or error in framing the charge - An alteration of charge where no prejudice
is caused to the accused or the prosecution is well within the powers and the jurisdiction
of the Court including the Appellate Court - It is only when any omission to frame
the charge initially or till culmination of the proceedings or at the appellate
stage results in failure of justice or causes prejudice, the same may result in
vitiating the trial in appropriate case. Abhay Manohar Sapre & R. Subash Reddy,
JJ. Mala Singh v. State of Haryana, AIR 2019 SC 1026 : JT 2019 (2) SC 447 : 2019
(3) Scale 224 Crl.A. No. 1144 of 2009 12-02-2019
Criminal Procedure Code, 1973 - Under Section 319
Cr.P.C., a person can be added as an accused invoking the provisions not only for
the same offence for which the accused is tried but for “any offence”; but that
offence shall be such that in respect of which all the accused could be tried together.
R.
Banumathi & R. Subhash Reddy, JJ. Sunil Kumar Gupta v. State of Uttar
Pradesh, JT 2019 (3) SC 25 : 2019 (3) Scale 813 Crl.A. No. 395 of 2019 27-02-2019
Criminal Trial - Criminal Justice should not become a casualty because of the minor mistakes committed by the Investigating Officer. N.V. Ramana, Mohan M. Shantanagoudar & Indira Banerjee, JJJ. Sachin Kumar Singhraha v. State of Madhya Pradesh, Crl.A. No. 473 of 2019 12-03-2019
Criminal Trial - While it is necessary that proof beyond reasonable doubt should be adduced in all criminal cases, it is not necessary that such proof should be perfect, and someone who is guilty cannot get away with impunity only because the truth may develop some infirmity when projected through human processes. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Pattu Rajan v. State of Tamil Nadu, Crl.A. No. 680 of 2009 29-03-2019
Criminal Trial - Criminal Justice should not become a casualty because of the minor mistakes committed by the Investigating Officer. N.V. Ramana, Mohan M. Shantanagoudar & Indira Banerjee, JJJ. Sachin Kumar Singhraha v. State of Madhya Pradesh, Crl.A. No. 473 of 2019 12-03-2019
Criminal Trial - While it is necessary that proof beyond reasonable doubt should be adduced in all criminal cases, it is not necessary that such proof should be perfect, and someone who is guilty cannot get away with impunity only because the truth may develop some infirmity when projected through human processes. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Pattu Rajan v. State of Tamil Nadu, Crl.A. No. 680 of 2009 29-03-2019
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
Customs Act, 1962 - Ss. 2 (39), 11, 11A, 132 &
135 - Antiquities and Art Treasures Act, 1972 - Ss. 3, 4, 24, 25, 26 & 30 -
Ancient Monuments Preservation Act, 1904 - Ss. 2, 17 & 22 - Ancient Monuments
and Archaeological Sites and Remains Act, 1958 - Antiquity (Export Control) Act,
1947 - Ancient Monuments Preservation Act, 1904 - Ancient and Historical Monuments
and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951
- Ss. 2 (b), 25, 26, 30 & 39 - Definitions - "ancient monument" -
"antiquities" - ”Commissioner” - ”maintain” and “maintenance” - “land”
- “owner” - “smuggling” - Regulation of export trade in antiquities and art treasures
- Application of Act 52 of 1962 - Power to determine whether or not an article,
etc., is antiquity or art treasure - Penalty - Cognizance of Offences - Application
of other laws not barred - Principles of ejusdem generis - Transfer of ownership,
etc., of antiquities to be intimated to the registering officer - Jurisdiction -
Power of Central Government to control moving of antiquities - Purchase of antiquities
by Central Government - Penalties - Repeals and Saving - Power to prohibit importation
or exportation of goods - Power to Exempt - ‘Offences and Prosecutions’. Ashok Bhushan
& K.M.
Joseph, JJ. Department of Customs v. Sharad Gandhi, 2019 (4) Scale 312
Crl.A. No. 174 of 2019 27-02-2019
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
Delay - What is more striking is that the delay to
the tune of 721 days was condoned by the High Court when there was no satisfactory
explanation. There was gross negligence on part of the respondent and the explanation
offered in support of the prayer for condonation does not appear to be correct.
This is evident from the fact that no effective steps were taken to pursue the complaint
which was lodged against the then advocate. In the petition for special leave, it
was asserted that the complaint against the Advocate was not being proceeded with
and the respondent had remained absent on the relevant date. Said assertion was
not answered satisfactorily in the affidavit in reply filed in this Court. Taking
totality of the circumstances, the delay ought not to have been condoned by the
High Court. U.U.
Lalit & Ashok Bhushan, JJ. Sanjay Singh v. Central Himalayan Land Development
Co. Ltd., JT 2019 (3) SC 364 : 2019 (3) Scale 882 C.A. No. 1928 of 2019 21-02-2019
Disciplinary Inquiry - The standard of proof in a disciplinary inquiry and in a trial of a criminal case are entirely different. In a criminal case it is essential to prove a charge beyond all reasonable doubt wherein in disciplinary inquiry under Anti-Corruption Code of BCCI the preponderance of probability is to serve the purpose. Ashok Bhushan & K.M. Joseph, JJ. S. Sreesanth v. Board of Control for Cricket in India, JT 2019 (3) SC 377 C.A. No. 2424 of 2019 15-03-2019
Disciplinary Inquiry - The standard of proof in a disciplinary inquiry and in a trial of a criminal case are entirely different. In a criminal case it is essential to prove a charge beyond all reasonable doubt wherein in disciplinary inquiry under Anti-Corruption Code of BCCI the preponderance of probability is to serve the purpose. Ashok Bhushan & K.M. Joseph, JJ. S. Sreesanth v. Board of Control for Cricket in India, JT 2019 (3) SC 377 C.A. No. 2424 of 2019 15-03-2019
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
Doctrine
of Merger - Review Petition
- Whether review petition is maintainable before the High Court seeking review of
a judgment against which the special leave petition has already been dismissed by
Supreme Court. Held, Since special leave petition was dismissed in limine without
giving any reasons, the review petition filed by the appellant in the High Court
would be maintainable and should have been decided on merits. A.K.
Sikri & Sanjay Kishan Kaul, JJ. Khoday Distilleries Ltd. (now Khoday
India Ltd) v. Mahadeshwara Sahakara Ssakkare Karkhane Ltd., 2019 (4) Scale 113
C.A. No. 2432 of 2019 01-03-2019
Dying Declaration - Courts cannot expect a victim
like the deceased herein to state in exact words as to what happened during the
course of the crime, inasmuch as it would be very difficult for such a victim, who
has suffered multiple grievous injuries, to state all the details of the incident
meticulously and that too in a parrot-like manner. Mohan
M. Shantanagoudar & Dinesh Maheshwari, JJ. Laltu Ghosh v. State of West
Bengal, AIR 2019 SC 1058 : 2019 (3) Scale 894 Crl.A. No. 312 of 2010 19-02-2019
Education - Closure of School - The students presently enrolled in the Ashram school run by the appellant would be put to great prejudice if the school is to be closed as a result of dismissal of these appeals, it is directed that said school may continue till the academic session 2019-2020. However, the school of the appellant which is presently functioning by virtue of Resolution dated 02.01.2012 shall not be allowed to function from the academic session 2020-2021. U.U. Lalit & Dinesh Maheshwari, JJ. Sant Dnyaneshwar Shikshan Sanstha v. State of Maharashtra, JT 2019 (3) SC 154 : 2019 (4) Scale 1 C.A. No. 9384 of 2014 05-03-2019
Education - Closure of School - The students presently enrolled in the Ashram school run by the appellant would be put to great prejudice if the school is to be closed as a result of dismissal of these appeals, it is directed that said school may continue till the academic session 2019-2020. However, the school of the appellant which is presently functioning by virtue of Resolution dated 02.01.2012 shall not be allowed to function from the academic session 2020-2021. U.U. Lalit & Dinesh Maheshwari, JJ. Sant Dnyaneshwar Shikshan Sanstha v. State of Maharashtra, JT 2019 (3) SC 154 : 2019 (4) Scale 1 C.A. No. 9384 of 2014 05-03-2019
Education - Minority Educational Institution - What
are the indicia for treating an educational institution as a minority educational
institution? Would an institution be regarded as a minority educational institution
because it was established by a person(s) belonging to a religious or linguistic
minority or its being administered by a person(s) belonging to a religious or linguistic
minority? Referred to a Bench of Hon’ble Seven Judges. Ranjan
Gogoi (CJI), L. Nageswara Rao & Sanjiv Khanna, JJ. Aligarh Muslim University
v. Naresh Agarwal, 2019 (3) Scale 330 C.A. No. 2286 of 2006 12-02-2019
Education - the students who have been admitted to
this particular private Institute, namely, Himalayan Institute of Medical Sciences,
will pay whatever fees they have to pay in law both as of today and in future. It
is only on this express premise that the students have been permitted to begin/continue
their studies at this Institute. R.F.
Nariman & Navin Sinha, JJ. Sourabh Brala v. Union of India, 2019 (5)
Scale 274 W.P. (C) No. 571 of 2018 19-02-2019
Education
Law - Whether the appellant
institution had applied to the respondent no. 1, Madhya Pradesh Nurses Registration
Council within the last date, which was 22nd December, 2018 or not, and if so applied,
whether the same was complete in all respects. Rohinton Fali Nariman & Vineet
Saran, JJ. Bateswari Dayal Mishr Shiksha Samiti v. Madhya Pradesh Nurses
Registration Council, C.A. No. 3137 of 2019 15-03-2019
Electricity Act, 2003 - S. 2(18) - Special Economic
Zones Act, 2005 - S. 26 - Power Purchase Agreements [PPAs] - Article 13 - Change
in Law - Application and Principles for computing impact of - Notification of -
Tariff Adjustment Payment - Adjustment in monthly tariff payment has to be effected
from the date on which the exemptions given were withdrawn. R.F.
Nariman & Navin Sinha, JJ. Uttar Haryana Bijli Vitran Nigam Ltd. (UHBVNL)
v. Adani Power Ltd. C.A. No. 5865 of 2018 25-02-2019
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
Electricity
Act, 2003 - Ss. 135 &
152 - Criminal P.C. 1973 - Ss. 41 & 482 - Theft of Electricity - Compounding
of offences - Settlement arrived at between the parties - Quashing of the FIR -
the issue in question needs to be decided in the light of Section 152 of the Act,
which deals with compounding of offences under the Act - High Court did not examine
the issue in the light of Section 152 of the Act - remanded the case to the High
Court to examine the issue afresh keeping in view the provisions of Section 152
of the Act. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Mukesh Chand v. State (Nct) of
Delhi, JT 2019 (3) SC 308 Crl.A. No. 469 of 2019 12-03-2019
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
Employees'
Provident Funds and Miscellaneous Provisions Act, 1952 - Employees' Provident Funds Scheme, 1952
- Relevant Stipulations in the Scheme - Objects and Reasons behind the Act of 1952
- Relevant Provisions - Discussed. Abhay Manohar Sapre & Dinesh
Maheshwari, JJ. Modern Transportation Consultation Services Pvt. Ltd. v.
Central Provident Fund Commissioner Employees Provident Fund Organisation, C.A.
No. 7698 of 2009 26-03-2019
Employees’ Provident Fund and Miscellaneous Provisions
Act, 1952 - Ss. 2(b)(ii) r/w. 6 - If the special allowances paid by an establishment
to its employees would fall within the expression “basic wages” for computation
of deduction towards Provident Fund. Arun Mishra & Navin
Sinha, JJ. Regional Provident Fund Commissioner (II) West Bengal v. Vivekananda
Viyamandir, JT 2019 (3) SC 45 : 2019 (3) Scale 831 C.A. No. 6221 of 2011 28-02-2019
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
Environment (Protection) Act, 1986 - S. 3 (3) - Municipal
Corporation Act, 1994 (Haryana) - Ss. 43, 87, 88, 177, 193, 194, 195, 196 &
205 - Obligatory functions of Corporation - Supply of water to connected premises
- Public drains etc. to vest in Corporation - Control of drain and sewage disposal
works - Certain matters not to be passed into municipal drains - Application by
owners and occupiers to drain into municipal drain - Connection with water works
and drains not to be made without permission - the Corporation was well within its
right to claim user charges for the use of Municipal drains for discharge of waste
water from the tubewells installed by the Schools. D.Y. Chandrachud & Hemant
Gupta, JJ. Municipal Corporation, Faridabad v. Modern School, Faridabad,
AIR 2019 SC 919 : 2019 (2) MLJ 477 : 2019 (1) RCR (Civil) 1003 : 2019 (2) Scale
688 C.A. No. 1555 of 2019 08-02-2019
Environmental
Law - Airports - Scheme of
the 2006 notification and the Guidance manual for Airports - EIA process - Guidance
manual for airports - Forests - Ecologically Sensitive Zones (ESZs) - Sampling Points
- Air Quality - Water Quality - Noise Quality - Flora and Fauna - Felling of Trees
- Public Consultation - Appraisal by the EAC - The appellate jurisdiction of the
NGT: the requirement of a merits review - Environmental Rule of Law - Directions.
D.Y.
Chandrachud & Hemant Gupta, JJ. Hanuman Laxman Aroskar v. Union of India,
C.A. No. 12251 of 2018 29-03-2019
Environmental Law - National Green Tribunal Act,
2010 - Air (Prevention and Control of Pollution) Act, 1981 - Water (Prevention and
Control of Pollution) Act, 1974 - S. 18 - the State Government order made under
Section 18 of the Water Act, not being the subject matter of any appeal under Section
16 of the NGT Act, cannot be “judicially reviewed” by the NGT. The NGT has no general
power of judicial review akin to that vested under Article 226 of the Constitution
of India possessed by the High Courts of this country. R.F.
Nariman & Navin Sinha, JJ. Tamil Nadu Pollution Control Board v. Sterlite
Industries (i) Ltd., AIR 2019 SC 1074 : 2019 (3) Scale 721 C.A. No. 4763 of
2013 18-02-2019
Equity - Comparative Convenience - Principles of
- The party seeking the remedy has to make out a prima facie case on merits, and
has to satisfy the court that there is some basis to its claim regarding the existence
of his right. Further, the court must balance the comparative hardship or mischief
which is likely to occur from withholding the relief, against that which would likely
arise from granting it. It has to be further established that noninterference by
the court would result in “irreparable injury” to the party seeking relief and that
there is no other remedy available to the party except to grant the relief sought.
N.V.
Ramana & Mohan M. Shantanagoudar, JJ. Lullu Vas (Since Deceased) Through
Lrs. v. State of Maharashtra, 2019 (3) Scale 653 C.A. No. 1973 of 2019 22-02-2019
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
Evidence
Act, 1872 - Section 27 - Recovery - It
is not the discovery of every fact that is admissible but the discovery of relevant
fact is alone admissible. Relevancy is nothing but the connection or the link between
the facts discovered with the crime. A.K. Sikri, S.
Abdul Nazeer & M.R. Shah, JJJ. Digamber Vaishnav v. State of Chattisgarh,
2019 (4) Scale 254 Crl.A. No. 428 of 2019 05-03-2019
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
Evidence Law - ‘Interested’ and ‘Related’ Witnesses
- A related witness cannot be said to be an ‘interested’ witness merely by virtue
of being a relative of the victim. L. Nageswara Rao & Mohan
M. Shantanagoudar, JJ. Md. Rojali Ali v. State of Assam, Ministry of Home
Affairs Thru The Secretary, 2019 (3) Scale 877 Crl.A. No. 1839 of 2010 19-02-2019
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
Evidence Law - The general principle of appreciation
of evidence is that even if some part of the evidence of witness is found to be
false, the entire testimony of the witness cannot be discarded. Sanjay Kishan Kaul
& Hemant
Gupta, JJ. Mahendran v. State of Tamil Nadu, 2019 (4) Scale 707 Crl.A.
No. 1266 of 2010 21-02-2019
Excise Act, 1915 - S. 18 - Country Spirit Rules,
1995 (Madhya Pradesh) - R. 3 - Power to grant lease of right to manufacture, etc.
- Grant of Licence - Request for grant of a CS-1 license - State must comply with
the equality clause while granting the exclusive right or privilege of manufacturing
or selling liquor. L.
Nageswara Rao & M.R. Shah, JJ. Gwalior Distilleries Pvt. Ltd v. State
of Madhya Pradesh, C.A. No. 1701 of 2019 15-02-2019
Excise Duty - National Calamity Contingent Duty (‘NCCD’)
- Once the excise duty is exempted, NCCD, levied as an excise duty cannot partake
a different character and, thus, would be entitled to the benefit of the exemption
notification. L. Nageswara Rao & Sanjay
Kishan Kaul, JJ. Bajaj Auto Limited v. Union of India, C.A. No. 3239
of 2019 27-03-2019
Fair Trial - All the contesting parties to the suit
must get fair opportunity to contest the suit on merits in accordance with law.
A decision rendered by the Courts in an unsatisfactory conducting of the trial of
the suit is not legally sustainable. It is regardless of the fact that in whose
favour the decision in the trial may go. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Rajinder Tiwari v. Kedar Nath,
C.A. No. 3282 of 2019 28-03-2019
Family Courts Act, 1984 - Ss. 6 & 12 - Family
Courts (Procedure) Rules, 1992 – R. 8 - Who is the “Counsellor” - Procedure to be
followed to arrive at a settlement - Assistance of Medical and Welfare Experts -
Guardianship of any child or children - Ground of Confidentiality - the normal principle
of confidentiality will not apply in matters concerning custody or guardianship
issues. Abhay Manohar Sapre & U.U.
Lalit, JJ. Perry Kansagra v. Smriti Madan Kansagra, JT 2019 (2) SC 426 :
2019 (3) Scale 573 C.A. No. 1694 of 2019 15-02-2019
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
Foreign Service - Indian Foreign Service (Pay, Leave,
Compensatory Allowance and other Conditions of Service) Rules, 1981 - Meaning of
the term “civilian counterparts” - there were no valid grounds for the High Court
while passing the impugned judgment to grant parity between the Bhutan Compensatory
Allowance (BCA) payable to Indian Military Training Team (IMTRAT) personnel and
the Foreign Allowance (FA) payable to Ministry of External Affairs (MEA) personnel.
N.V. Ramana & Mohan
M. Shantanagoudar, JJ. Union of India thr. Cabinet Secretary v. Captain Gurdev
Singh, 2019 (3) Scale 93 C.A. No. 2763 of 2009 11-02-2019
Foreigner - Whether the appellant herein has been
declared to be a foreigner incorrectly. Held, It is not possible to state that Kematullah
is not the same despite being named Kefatullah in some of the documents. This being
so, the grandfather’s identity, father’s identity etc. has been established successfully
by the appellant. Further, the mere fact that the father may later have gone to
another village is no reason to doubt this document. R.F.
Nariman & Vineet Saran, JJ. Sirajul Hoque v. State of Assam, 2019 (4)
Scale 586 Crl.A. No. 267 of 2019 14-02-2019
Forest (Conservation) Act, 1980 - It would be necessary
for this Court to put in place an administrative mechanism that would ensure that
a decision to release water for industrial purposes is monitored by the Collector
of the District who shall conduct a due verification of the data which is available
with the TWAD Board. The Collector should independently assess the situation so
as to ensure that the need for drinking water and irrigation is not compromised.
D.Y.
Chandrachud & Hemant Gupta, JJ. M/s. Southern Petrochemical Industries
Corpn. Ltd. v. S. Joel, 2019 (3) Scale 303 C.A. No. 11935 of 2018 04-02-2019
Forest Act,
1927 - Ss. 41, 52 & 52A
- Wildlife Protection Act, 1972 - Ss. 27, 29, 39(1)(d), 51 & 52 - Criminal P.C.
1973 - Ss. 451 & 482 - Order for custody and disposal of property pending trial
in certain cases - The jurisdiction under Section 451 of the CrPC was not available
to the Magistrate, once the Authorised Officer initiated confiscation proceedings.
D.Y. Chandrachud & Hemant Gupta, JJ. State of Madhya Pradesh v. Uday Singh,
Crl.A. No. 524 of 2019 26-03-2019
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
Guardians
& Wards Act, 1890 – Divorce
and custody battles can become quagmire and it is heart wrenching to see that the
innocent child is the ultimate sufferer who gets caught up in the legal and psychological
battle between the parents. A.M. Khanwilkar & Ajay
Rastogi, JJ. Lahari Sakhamuri v. Sobhan Kodali, C.A. No. 3135 of 2019
15-03-2019
Hindu Minority & Guardianship Act, 1956 - Section
8 - Powers of natural guardian - transfer of immovable property by a registered
deed by a natural guardian of minor - Whether a transferee from a minor after he
attained majority, can file a suit to set aside the alienation made by the minor’s
guardian or the said right is one to be exercised only by the minor? Ashok
Bhushan & K.M. Joseph, JJ. Murugan v. Kesava Gouner, JT 2019 (3) SC 54
: 2019 (3) Scale 627 C.A. No. 1782 of 2019 25-02-2019
Hindu Succession
Act, 1956 - S. 22 - Preferential
right to acquire property in certain cases - Scope and Applicability of - Whether
preferential right given to an heir of a Hindu under said Section 22 will be inapplicable
if the property in question is an agricultural land ? Held, the preferential right
given to an heir of a Hindu under Section 22 of the Act is applicable even if the
property in question is an agricultural land. Uday
Umesh Lalit & M.R. Shah, JJ. Babu Ram v. Santokh Singh, C.A. No. 2553 of
2019 07-03-2019
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
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
Inadvertent
Mistake - Application for
amendment of the plaint - Inadvertent mistake cannot be refused to be corrected
when the mistake is apparent from the reading of the plaint. The Rules of Procedure
are handmaid of justice and cannot defeat the substantive rights of the parties.
It is well settled that amendment in the pleadings cannot be refused merely because
of some mistake, negligence, inadvertence or even infraction of the Rules of Procedure.
The Court always gives leave to amend the pleadings even if a party is negligent
or careless as the power to grant amendment of the pleadings is intended to serve
the ends of justice and is not governed by any such narrow or technical limitations.
D.Y. Chandrachud & Hemant
Gupta, JJ. Varun Pahwa v. Renu Chaudhary, JT 2019 (3) SC 109 : 2019 (4) Scale
75 C.A. No. 2431 of 2019 01-03-2019
Income Tax
Act 1961 - S. 142 (2C) -
Interpretation of - the provisions of Section 142 (2C) of the Act, as they stood
prior to the amendment which was enacted with effect from 1 April 2008 by the Finance
Act, 2008 did not preclude the exercise of jurisdiction and authority by the assessing
officer to extend time for the submission of the audit report directed under subsection
(2A), without an application by the assessee - the amendment was intended to remove
an ambiguity and is clarificatory in nature. D.Y.
Chandrachud & Hemant Gupta, JJ. Commissioner of Income Tax, New Delhi
v. Ram Kishan Dass, C.A. No. 3211 of 2019 26-03-2019
Income Tax
Act, 1961 - Chap. XV, S.
260A - Companies Act, 1956 - S. 560(5) - "liability in special cases"
- "discontinuance of business or dissolution" - How and in what manner
the liability against Companies, whose name has been struck of is required to be
dealt with - the High Court dismissed the appeal on the ground that it has rendered
infructuous because it was brought to its notice that the name of the company has
been struck off from the Register of the Company - Since the High Court did not
decide the appeal keeping in view the relevant provisions, the impugned order is
not legally sustainable and has to be set aside. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Commissioner of Income Tax, Jaipur
v. Gopal Shri Scrips Pvt. Ltd., JT 2019 (3) SC 329 C.A. No. 2922 of 2019 12-03-2019
Income Tax
Act, 1961 - Issue relating
to waiver of interest payable under Sections 234A , 234B, and 234C of the Act. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Kakadia Builders Pvt. Ltd. v.
Income Tax Officer Ward 1 (3), 2019 (4) Scale 20 C.A. No. 2491 of 2019 05-03-2019
Income Tax Act, 1961 - S. 12AA - Registered Trust
- Bogus Donations. R. Banumathi & R.
Subhash Reddy, JJ. Commissioner of Income Tax (Exemptions), Kolkata v. Jagannath
Gupta Family Trust, JT 2019 (2) SC 117 : 2019 (2) Scale 417 C.A. No. 1381 of
2019 01-02-2019
Income Tax
Act, 1961 - S. 35D - Whether
the Bank is an industrial undertaking so as to entitle them to claim deduction under
Section 35D of the Act. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Principal Commissioner of Income
Tax-8 v. Yes Bank Ltd., C.A. No. 3148 of 2019 15-03-2019
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
Income Tax
Act, 1961 - S. 80HH - Deduction
- Computation - Deduction in respect of profits and gains from newly established
industrial undertakings or hotel business in backward areas - Deduction @ 20% of
‘profits and gains’ - Deduction has to be of gross profits and gains, i.e., before
computing the income as specified in Sections 30 to 43D of the Act. A.K.
Sikri, S. Abdul Nazeer & M.R. Shah, JJ. Vijay Industries v. Commissioner
of Income Tax, JT 2019 (3) SC 160 : 2019 (4) Scale 79 C.A. No. 1581 of 2005
01-03-2019
Income Tax Act, 1961 - S. 80-IC - Exemption - Period
- 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? A.K.
Sikri, S. Abdul Nazeer & M.R. Shah, JJ. Commissioner of Income Tax Shimla
v. Aarham Softronics, 2019 (3) Scale 688 C.A. No. 1784 of 2019 20-02-2019
Income Tax Act, 1961 - Section 260A - In the absence
of any discussion or / and the reasoning / ground as to why the order of ITAT does
not suffer from any illegality and why the grounds of Revenue are not acceptable
and why the appeal does not involve any substantial question(s) of law or though
framed cannot be answered in Revenue’s favour, the impugned order suffers from jurisdictional
errors and, therefore, legally unsustainable for want of compliance of the requirements
of subsections (4) and (5) of Section 260A of the Act. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Commissioner of Income Tax-I v.
Rashtradoot (Huf), JT 2019 (3) SC 77 : 2019 (3) Scale 849 C.A. No. 2362 of 2019
27-02-2019
Income-tax
Act, 1961 - S. 68 - Cash
Credits - The practice of conversion of un-accounted money through the cloak of
Share Capital/Premium must be subjected to careful scrutiny. This would be particularly
so in the case of private placement of shares, where a higher onus is required to
be placed on the Assessee since the information is within the personal knowledge
of the Assessee. The Assessee is under a legal obligation to prove the receipt of
share capital/premium to the satisfaction of the AO, failure of which, would justify
addition of the said amount to the income of the Assessee. Uday Umesh Lalit &
Indu
Malhotra, JJ. Principal Commissioner of Income Tax (Central) - 1 v. NRA Iron
& Steel Pvt. Ltd., JT 2019 (3) SC 137 : 2019 (4) Scale 25 C.A. No. 2463
of 2019 05-03-2019
Indian Medicine Central Council Act, 1970 - S. 13
(4) - Inspection Reports - Bachelor of Siddha Medicine and Surgery (BSMS Course)
- Central Council of Indian Medicine (CCIM) - Assessment of the facilities in 2015-
16 and 2016-17 cannot be done by inspection in 2018. L.
Nageswara Rao & Sanjay Kishan Kaul, JJ. Secretary, Govt. of India, Ministry
of Health & Family Welfare, Dept. of Ayush v. A.T.S.V.S. Siddha Medical College
& Hospital, 2019 (2) Scale 683 M.A. No. 2867 of 2018 08-02-2019
Industrial
Disputes Act, 1947 - S. 10
- Factual controversy cannot be adjudicated in OA by the Tribunal or by the High
Court in a writ petition. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Sunil
Kumar Biswas v. Ordinance Factory Board, C.A. No. 3290 of 2019 29-03-2019
Industrial Disputes Act, 1947 - S. 10 (1) - Every
party to a lis has a right to contest the case on merits. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Bundi Zila Petrol Pump Dealers
Association Bundi v. Sanyojak Bundi Zila Petrol Pump Mazdoor Sangh (B.M.S.), 2019
(3) Scale 357 C.A. No. 2784 of 2009 12-02-2019
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
Industrial
Disputes Act, 1947 - S. 17B
- Payment of full wages to workman pending proceedings in higher courts - If the
Court/Tribunal, eventually upholds the termination order as being legal against
the workman, yet the employer will have no right to recover the amount already paid
by him to the delinquent workman pursuant to order passed under Section 17B of
the ID Act during pendency of these proceedings. Dilip Mani Dubey v. Siel Ltd.,
JT 2019 (3) SC 345 C.A. No. 7545 of 2009 12-03-2019
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
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
Injunction - When the plaintiff's injunction application
stood dismissed by the Trial Court and the same was not carried in appeal at his
instance, the same could not have been revived by the High Court in a writ petition
filed by the plaintiff. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Shri Revansiddeshwar Pattan Sahakari
Bank Niyamit v. Taluka Tokrekoli, JT 2019 (3) SC 6 : 2019 (3) Scale 600 C.A.
No. 2013 of 2019 25-02-2019
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
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
Insolvency and Bankruptcy Code, 2016 - the NCLAT
has justly concluded in the impugned decision that the resolution plan of the concerned
corporate debtor(s) has not been approved by requisite percent of voting share of
the financial creditors; and in absence of any alternative resolution plan presented
within the statutory period of 270 days, the inevitable sequel is to initiate liquidation
process under Section 33 of the Code. That view is unexceptional. Resultantly, the
appeals must fail. A.M.
Khanwilkar & Ajay Rastogi, JJ. K. Sashidhar v. Indian Overseas Bank,
AIR 2019 SC 1329 : 2019 (3) Scale 6 C.A. No. 10673 of 2018 05-02-2019
Insurance
Law - Accident - Disease
- In order to constitute an accident, the event must be in the nature of an occurrence
which is unnatural, unforeseen or unexpected. Where a disease is caused or transmitted
in the natural course of events, it would not be covered by the definition of an
accident. However, in a given case or circumstance, the affliction or bodily condition
may be regarded as an accident where its cause or course of transmission is unexpected
and unforeseen. D.Y.
Chandrachud & Hemant Gupta, JJ. National Insurance Co. Ltd. v. Mousumi
Bhattacharjee, JT 2019 (3) SC 532 C.A. No. 2614 of 2019 26-03-2019
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
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
Judgment - Applications for recall of the Judgment
- Arithmetical errors in the Judgment - The modifications set out in para 9 shall
be effected in the Judgment and a corrected copy shall again be uploaded by the
Registry. Any certified copy of the Judgment issued hereafter must reflect the modifications
as set out in para 9 of this order. U.U.
Lalit & D.Y. Chandrachud, JJ. Hukum Singh v. State of Haryana, 2019 (2)
Scale 662 S.L.P. (C) No. 4354 of 2019 08-02-2019
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
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
Judicial Service - The Bihar Civil Service (Judicial
Branch) (Recruitment) Rules, 1955 - Rule 5A(3) clearly provides that only 10% of
the total number of candidates appeared have to be called for final written examination
as per the rounding off provided in rule 5A(3) of the Rules - No useful purpose
is going to be served by restricting the number of candidates for final written
examination - Rule 5A(3) of the Rules is struck down. Arun
Mishra & Navin Sinha, JJ. Rahul Dutta v. State of Bihar, 2019 (4) Scale
580 W.P. (C) No. 71 of 2019 14-02-2019
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
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
Juvenile Justice (Care and Protection of Children) Act,
2015 - Ss. 57, 58 & 59 - Adoption - Eligibility of prospective adoptive
parents - Procedure for adoption by Indian prospective adoptive parents living in
India - Procedure for inter-country adoption of an orphan or abandoned or surrendered
child - Seniority of the prospective adoptive parents - Before expiry of sixty days,
child could not have been offered for adoption to parents, who are eligible for
adoption under Section 59 - the statutory procedure and the statutory regime, which
is prevalent as on date and is equally applicable to all aspirants, i.e., Indian
prospective adoptive parents and prospective adoptive parents for inter-country
adoption. Ashok
Bhushan & K.M. Joseph, JJ. Union of India v. Ankur Gupta, 2019 (3) Scale
801 C.A. No. 2017 of 2019 25-02-2019
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
Labour Law - Whether the Directors of Company, who
are receiving remuneration, come within the purview of “employee” under sub-section
(9) of Section 2 of the Employees' State Insurance Act, 1948 ? Abhay Manohar Sapre
& Dinesh
Maheshwari, JJ. Employees' State Insurance Corporation v. Venus Alloy Pvt.
Ltd., AIR 2019 SC 807 : 2019 LLR 237 : 2019 (2) Scale 481 C.A. No. 1464 of 2019
05-02-2019
Land Acquisition - the landowners will be entitled
to withdraw 50% of the awarded sum on furnishing solvent security to the satisfaction
of the High Court and remaining 50% amount shall be invested in FDR Scheme in any
Nationalized Bank in the name of the Registrar of the High Court. The withdrawal
and deposit shall be subject to the result of the appeals. Depending upon the final
outcome of the appeals, the amount, which is allowed to be withdrawn by the landowners
and which is deposited in the Bank including the interest earned thereon, will be
adjusted/given, as the case may be, to the parties concerned as directed in the
final order. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Greater Mohali Area Development
Authority (GMDA) Thr. Its Estate Officer v. Arminderjit Kaur, 2019 (4) Scale 620
C.A. No. 2383 of 2019 26-02-2019
Land Acquisition Act, 1894 - S. 4 - Principles laid
down by Apex Court for the purpose of deductions to be made on the market value.
L.
Nageswara Rao & M.R. Shah, JJ. Mahanti Devi v. Jaiprakash Associates
Ltd., 2019 (2) Scale 686 C.A. No. 1572 of 2019 08-02-2019
Land Acquisition
Act, 1894 - S. 4 - the comparable
sale transactions of small extents of land which were brought on record by the Claimants
are not a proper indicia for determining the market value. L. Nageswara Rao &
M.R. Shah, JJ. Balwant Singh (d) Thr Lrs. Gurbinder Singh v. State of Haryana,
2019 (4) Scale 542 C.A. No. 2736 of 2019 11-03-2019
Land Acquisition
Act, 1894 - S. 4 - Whether
the landowner is entitled to claim enhancement in the rate of compensation awarded
by the High Court. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Rameshwar Dass v. State of Punjab,
C.A. No. 3024 of 2019 14-03-2019
Land Acquisition
Act, 1894 - S. 4 (1) - Appellant
has not produced any document to substantiate its contention that the writ petitioners
are not the title holders of the land. On the other hand the writ petitioners have
produced their title deeds in relation to the said land. The appellant is not justified
in contending that the writ petitioners are not the title holders of the land. A.K.
Sikri, S.
Abdul Nazeer & M.R. Shah, JJ. New Okhla Industrial Development Authority
v. Lt. Col. J.B. Kuchhal (dead), 2019 (4 ) Scale 214 C.A. No. 2478 of 2019 05-03-2019
Land Acquisition Act, 1894 - S. 4(1) - Contention
that the date for determining the compensation should be the date on which the Land
Acquisition Officer passed the award. This argument does not have any basis and
is, therefore, not acceptable for the simple reason that such date is not provided
either in the old Act, 1894 or in the Act, 2013. Abhay
Manohar Sapre & R. Subhash Reddy, JJ. Hori Lal v. State of Uttar Pradesh,
2019 ALT (Rev) 30 : 2019 (1) RCR (Civil) 968 : 2019 (2) Scale 479 C.A. No. 1462
of 2019 05-02-2019
Land Acquisition Act, 1894 - Section 28A - The idea
under Section 28A is certainly to extend benefit of equal compensation to landholders
who, for some reasons had not preferred appropriate applications for Reference in
time but for a company having profile such as the petitioner, inaction on the front
followed by delay in filing petition in the High Court disentitles the petitioner
from claiming any relief under Article 226 of the Constitution. Uday
Umesh Lalit & Hemant Gupta, JJ. Model Eonomic Township Ltd v. Land Acquisition
Collector, JT 2019 (3) SC 39 : 2019 (3) Scale 765 S.L.P. (C) No. 618 of 2018
26-02-2019
Land Acquisition Act, 1894 - Section 4 (1). R. Banumathi
& R.
Subhash Reddy, JJ. U.P. Avas Evam Vikas Parishad v. Ganga Saran (dead) Thr.
Lrs. C.A. No. 2562 of 2019 26-02-2019
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
Land Law - Compensation for Tenants Improvements
Act 1958 (Kerala) - A claim under Section 4 (1) has to be addressed to the court
which passes a decree for eviction - the failure to raise a claim would result in
the application of the principle of constructive res judicata both having regard
to the provisions of Sections 4 and 5 of the Act of 1958 and to the provisions of
Order XXI Rules 97 to 101 of the CPC. D.Y.
Chandrachud & Hemant Gupta, JJ. Asgar v. Mohan Varma, 2019 (2) Scale
530 C.A. No. 1500 of 2019 05-02-2019
Land Law - Every person, who on the date immediately
preceding the appointed date, was recorded as occupant of the land held by a hissedar
or a khaikar as such in the last revision of records made under Chapter IV of the
U.P. Land Revenue Act, 1901 shall be called Asami of land and entitled to take or
retain possession thereof. For acquiring right under Section 10 sub-clause (e) it
has to be established that person claiming Asami right was recorded as occupant
of land. Ashok
Bhushan & K.M. Joseph, JJ. Dharam Singh (d) Thr. Lrs. v. Prem Singh (d)
Thr. Lrs. 2019 (2) Scale 583 C.A. No. 516 of 2009 05-02-2019
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
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
Land Law - U.P. Imposition of Ceiling of Land Holdings
Act, 1960 - S. 10 (2) - Issue relating to vesting of the land in question alive
which stood vested in the State in the year 1981 itself. Indeed the excess land
measuring 2.90 acres is no more available having stood vested with the State in
1981. There is no ground available to the appellants to revive the ceiling proceedings
by taking recourse to filing one application or the other including the one under
consideration. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Sheetla Devi v. State of Uttar
Pradesh Collector / District Magistrate, C.A. No. 6403 of 2009 12-03-2019
Land Law - U.P. Zamindari Abolition and Land Reforms
Act, 1950 - Sections 134, 137 - Acquisition of bhumidhari rights by a sirdar - Grant
of certificate. Rakesh v. Board of Revenue U.P., 08-03-2019 JT 2019 (3) SC
409 : 2019 (4) Scale 521
Land Law - Urban Land (Ceiling and Regulation) Act,
1976 - Jurisdiction of the Civil Courts to try the civil Suits with respect to the
lands, which were subjected to ceiling proceedings under the Act, are held to be
impliedly barred, since the Act excludes the jurisdiction of the Civil Court. Abhay
Manohar Sapre & Indu Malhotra, JJ. Competent Authority Calcutta, under
the Land (Ceileing and Regulation) Act, 1976 v. David Mantosh, JT 2019 (3) SC 506
: 2019 (3) Scale 778 C.A. No. 10629 of 2014 26-02-2019
Land Law - Whether the land recorded as ‘Charnoi’
i.e. Common land for grazing of cattle of villagers vests in State on abolition
of intermediaries on 02.10.1951 or it was saved from vesting in favour of proprietor
being grove under section 5(f) of the Madhya Bharat Abolition of Zamindari Act.
Arun Mishra & Navin Sinha, JJ. Chattar Singh v. Madho Singh, 2019 (4) Scale
625 C.A.
No. 8718 of 2012 06-02-2019
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
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
Limitation
Act, 1963 - Art. 54 - the
vendee cannot claim that the cause of action for filing the suit has not arisen
on the date fixed in contract on the ground that certain conditions in the contract
have not been complied with. L.
Nageswara Rao & Mohan M. Shantanagoudar, JJ. Urvashi Aggarwal v. Kushagr
Ansal, JT 2019 (3) SC 183 : 2019 (4) Scale 180 C.A. No. 2525 of 2019 06-03-2019
Limitation
Act, 1963 - Ss. 5 - Second
Appeal - Delay of 1942 days - Lawyer did not take timely steps, which resulted in
causing delay in its filing / refiling, then, it cannot be regarded as a sufficient
cause. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Estate Officer, Haryana Urban
Development Authority v. Gopi Chand Atreja, JT 2019 (3) SC 348 C.A. No. 5051
of 2009 12-03-2019
Maintainability - If the plea is not taken in the
pleadings by the parties and no issue on such plea was, therefore, framed and no
finding was recorded either way by the Trial Court or the First Appellate Court,
such plea cannot be allowed to be raised by the party for the first time in third
Court whether in appeal, revision or writ, as the case may be, for want of any factual
foundation and finding. It is more so when such plea is founded on factual pleadings
and requires evidence to prove, i.e., it is a mixed question of law and fact and
not pure jurisdictional legal issue requiring no facts to probe. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Deepak Tandon v. Rajesh Kumar
Gupta, AIR 2019 SC 924 : JT 2019 (2) SC 259 : 2019 (1) RCR (Rent) 278 : 2019 (2)
Scale 733 07-02-2019
Mala Fides - Plea of - Averments by itself do not constitute
a plea of mala fides without there being any substantial material in its support.
Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. V. Krishnamurthy v. State of Tamil
Nadu, JT 2019 (3) SC 543 C.A. No. 7703 of 2009 26-03-2019
Maritime Law - ‘ballasting’ a vessel - “deballasting”
- “draft” of the vessel - Meaning of. Abhay Manohar Sapre & U.U.
Lalit, JJ. Essar Shipping Ltd. v. Board of Trustees for the Port of Calcutta,
2019 (4) Scale 695 C.A. No. 5654 of 2007 15-02-2019
Medical Education - A candidate who has secured minimum
marks in the NEET UG-2018 shall be eligible for admission to the 1st year BHMS course
for the academic year 2018-19. The Appellants to complete the process of admissions
strictly on the basis of the merit by 15th February, 2019. The Managements of the
colleges are directed to hold extra classes for students who will be admitted pursuant
to this order to comply with the requirements of minimum working days. L.
Nageswara Rao & M.R. Shah, JJ. Association of Managements of Homeopathic
Medical Colleges of Maharashtra v. Union of India, 2019 (2) Scale 436 C.A. No.
1393 of 2019 01-02-2019
Medical Negligence - Enhancement of Compensation.
D.Y. Chandrachud & Hemant Gupta, JJ. Shilaben Ashwinkumar Rana v. Bhavin
K. Shash, JT 2019 (2) SC 289 C.A. No. 1442 of 2019 04-02-2019
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
Medical Negligence - Quantum of Compensation - Award of compensation
cannot go restrictive when the victim is coming from a poor and rural background.
Abhay Manohar Sapre & Dinesh
Maheshwari, JJ. Shoda Devi v. DDU / Ripon Hospital Shimla, JT 2019 (3) SC
194 : 2019 (4) Scale 482 C.A. No. 2557 of 2019 07-03-2019
Medical Negligence - Sympathy cannot translate into
a legal remedy. L. Nageswara Rao & Sanjay
Kishan Kaul, JJ. Vinod Jain v. Santokba Durlabhji Memorial Hospital, JT 2019
(3) SC 9 : 2019 (3) Scale 794 C.A. No. 2024 of 2019 25-02-2019
Medical Practitioners Act, 1961 (Maharashtra) - Ss.
33 & 36 - Practice of medicine without possessing valid degree or diploma or
permission from the Maharashtra Government - the guilt of the appellants has not
been proved beyond reasonable doubt and they are entitled to benefit of doubt. R.
Banumathi & R.
Subhash Reddy, JJ. Dharmendra v. State of Maharashtra, Crl.A. No. 646
of 2010 06-02-2019
Mercy Petition - The mercy petition is the last hope
of a person on death row. Every dawn will give rise to a new hope that his mercy
petition may be accepted. By night fall this hope also dies. Inordinate and unexplained
delay in deciding the mercy petition and the consequent delay in execution of death
sentence for years on end is another form of punishment which was awarded by the
Court. In cases where death sentence has to be executed the same should be done
as early as possible and if mercy petitions are not forwarded for 4 years and no
explanation is submitted we cannot but hold that the delay is inordinate and unexplained.
N.V. Ramana, Deepak
Gupta & Indira Banerjee, JJ. Jagdish v. State of Madhya Pradesh, JT 2019
(3) SC 361 : 2019 (3) Scale 888 R.P. (Crl.) No. 591 of 2014 21-02-2019
Metropolitan Water Supply and Sewerage Act, 1989 (Hyderabad)
- S. 55 - Sewerage Cess. R.
Banumathi & Indira Banerjee, JJ. Vasant Chemicals Limited v. Managing
Director, Hyderabad Metropolitian Water Supply and Sewerage Board, 2019 (3) Scale
360 C.A. No. 4616 of 2009 13-02-2019
Mines &
Minerals - Lease - Sand -
Export - Once the State permits sand to be excavated, neither can it legally restrict
its movement within the territory of India nor is the same constitutionally permissible.
Likewise, there is no restriction on the State importing sand from other states.
A.K.
Sikri, S. Abdul Nazeer & M.R. Shah, JJ. State of Gujarat v. Jayeshbhai
Kanji Bhai Kalathiya, 2019 (4) Scale 92 C.A. No. 10373 of 2010 01-03-2019
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
Minimum Wages Act, 1948 - Though, it was the discretion
of the Courts / Authority to award compensation with different percentage in every
case but it was necessary to give reasons in support of award of such compensation.
Abhay
Manohar Sapre & L. Nageswara Rao, JJ. Union of India v. Avtar Chand,
C.A. No. 3416 of 2010 19-02-2019
Motor Accidents Claims - The claimant-appellant overtly
suggested in the claim application that he had suffered injuries to his private
parts and at the age of 25 years, such injuries resulted in his inability to have
the bliss of marital life. The appellant has, unfortunately, expired during the
pendency of this appeal and his legal representatives, being his wife, mother and
three children are substituted as appellants in his place. The very extent of the
family left behind by the appellant, inclusive of his wife and three children, obviously
falsify his suggestions about inability of having marital life. Abhay Manohar Sapre
& Dinesh
Maheshwari, JJ. S. Kumar (d) v. United India Insurance Co. Ltd. JT 2019 (2)
SC 405 : 2019 (3) Scale 872 C.A. No. 6038 of 2003 18-02-2019
Motor Accidents
Claims - the process of assessment
of compensation in the present case had been too uncertain, rather vague, and unreasonably
restrictive; and the amount as awarded to the appellants cannot be said to be that
of just compensation. Abhay Manohar Sapre & Dinesh
Maheshwari, JJ. Shantaben v. National Power Transport, 2019 (4) Scale 169
C.A. No. 2523 of 2019 06-03-2019
Motor Vehicles - Accident - Future Earning - Computation
- Motor Accidents Mediation Authority (MAMA) - Directions / Recommendations. A.K.
Sikri & S. Abdul Nazeer, JJ. M.R. Krishna Murthi v. New India Assurance
Co. Ltd., 2019 (4) Scale 362 C.A. No. 2476 of 2019 05-03-2019
Motor Vehicles Act, 1988 - In motor accident claim
cases, once the foundational fact, namely, the actual occurrence of the accident,
has been established, then the Tribunal’s role would be to calculate the quantum
of just compensation if the accident had taken place by reason of negligence of
the driver of a motor vehicle and, while doing so, the Tribunal would not be strictly
bound by the pleadings of the parties. Notably, while deciding cases arising out
of motor vehicle accidents, the standard of proof to be borne in mind must be of
preponderance of probability and not the strict standard of proof beyond all reasonable
doubt which is followed in criminal cases. A.M.
Khanwilkar & Ajay Rastogi JJ. Sunita v. Rajasthan State Road Transport
Corp., AIR 2019 SC 994 : JT 2019 (2) SC 492 : 2019 (3) Scale 393 C.A. No. 1665
of 2019 14-02-2019
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
Murder &
Rape - False Implication
- Compensation - It is to be noted that all the accused persons are nomadic tribes
coming from the lower strata of the society and are very poor labourers. Therefore,
in the facts and circumstances of the case, false implication cannot be ruled out
since it is common occurrence that in serious offences sometime innocent persons
are roped in. A.K. Sikri, S. Abdul Nazeer & M.R.
Shah, JJ. Ankush Maruti Shinde v. State of Maharashtra, 2019 (4) Scale 266
Crl.A. No. 1008 of 2007 05-03-2019
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
Narcotic Drugs and Psychotropic Substances Act, 1985
- S. 20(ii)(c) - The law laid down in Mohan Lal v. State of Punjab, AIR 2018
SC 3853 is not allowed to become a spring board for acquittal in prosecutions
prior to the same, irrespective of all other considerations - All pending criminal
prosecutions, trials and appeals prior to the law laid down in Mohan Lal (supra)
shall continue to be governed by the individual facts of the case. Ranjan Gogoi
(CJI), Navin
Sinha & K.M. Joseph, JJ. Varinder Kumar v. State of Himachal Pradesh,
2019 (3) Scale 50 Crl.A. No. 2450 of 2010 11-02-2019
National Food Security Act, 2013 - Sections 4, 5
and 6 - The Supplementary Nutritional (under ICDS) Rules, 2015 - Rules 7 and 9 -
Nutritional support to pregnant women and lactating mothers - Nutritional support
to children - Prevention and management of child malnutrition - Preparation of meal
and maintenance of its standard and quality - Responsibility to monitor and review
arrangement for supplementary nutrition. Arun
Mishra & Deepak Gupta, JJ. Vaishnorani Mahila Bachat Gat v. State of
Maharashtra, 2019 (5) Scale 1 C.A. No. 2336 of 2019 26-02-2019
National
Green Tribunal Act, 2010
- The NGT Act being a beneficial legislation, the power bestowed upon the Tribunal
would not be read narrowly. An interpretation which furthers the interests of environment
must be given a broader reading. A.K. Sikri, S.
Abdul Nazeer & M.R. Shah, JJ. Mantri Zone Pvt. Ltd. v. Forward Foundation,
2019 (4) Scale 218 C.A. No. 5016 of 2016 05-03-2019
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
Negotiable
Instrument Act, 1881 - S.
138 - Remand - there was neither any need and nor any occasion to remand the case
to the Magistrate - there was enough material before the Appellate Court on the
basis of which the appeal on merits could have been decided one way or the other
instead of remanding the case to the Magistrate for deciding it afresh. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Susanta Dey v. Babli Majumdar,
JT 2019 (4) SC 1 Crl.A. No. 2103 of 2008 28-03-2019
Negotiable
Instruments Act, 1881 - S.
138 - Cheques were issued under and in pursuance of the agreement to sell. Though
it is well settled that an agreement to sell does not create any interest in immoveable
property, it nonetheless constitutes a legally enforceable contract between the
parties to it. A payment which is made in pursuance of such an agreement is hence
a payment made in pursuance of a duly enforceable debt or liablity for the purposes
of Section 138. D.Y.
Chandrachud & Hemant Gupta, JJ. Ripudaman Singh v. Balkrishna, Crl.A.
No. 483 of 2019 13-03-2019
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
Negotiable Instruments Act, 1881 - S. 138 - the cheque
might be post dated does not absolve the drawer of a cheque of the penal consequences
of Section 138 of the Negotiable Instruments Act. R. Banumathi & Indira
Banerjee, JJ. Bir Singh v. Mukesh Kumar, 2019 (1) GLH 338 : 2019 (1) JLJR
542 : 2019 (1) KLT 598 : 2019 (1) OLR 447 : 2019 (1) PLJR 614 : 2019 (2) Scale 698
Crl.A. No. 230 of 2019 06-02-2019
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
Negotiable
Instruments Act, 1881 - Ss.
118 & 138 - In the scheme of the NI Act, mere creation of doubt is not sufficient.
Abhay Manohar Sapre & Dinesh
Maheshwari, JJ. Rohitbhai Jivanlal Patel v. State of Gujarat, JT 2019 (3)
SC 485 Crl.A. No. 508 of 2019 15-03-2019
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
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
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
Payment of
Gratuity Act, 1972 - S. 2(e)
- teachers were brought within the purview of “employee” as defined in Section 2(e)
of the Payment of Gratuity Act by Amending Act No. 47 of 2009 with retrospective
effect from 03.04.1997. Abhay
Manohar Sapre & Indu Malhotra, JJ. Birla Institute of Technology v. State
of Jharkhand, JT 2019 (3) SC 201 : 2019 (4) Scale 464 C.A. No. 2530 of 2012
07-03-2019
Payment of
Gratuity Act, 1972 - S. 2(e)
- Whether a Gramin Dak Sewak is an ‘employee’ as per the Act, and is entitled to
payment of Gratuity under this Act? Uday Umesh Lalit & Indu
Malhotra, JJ. Sr. Superintendent of Post Offices v. Gursewak Singh, C.A.
No. 3150 of 2019 15-03-2019
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
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
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 - S. 302 - Murder - Circumstantial
Evidence - Whether in a case of circumstantial evidence inability on the part of
the prosecution to establish a motive is fatal to the prosecution case - Held, while
it is true that if the prosecution establishes a motive for the accused to commit
a crime it will undoubtedly strengthen the prosecution version based on circumstantial
evidence, but that is far cry from saying that the absence of a motive for the commission
of the crime by the accused will irrespective of other material available before
the court by way of circumstantial evidence be fatal to the prosecution. A.M. Khanwilkar
& K.M.
Joseph, JJ. Sukhpal Singh v. State of Punjab, 2019 (3) Scale 271 Crl.A.
No. 1697 of 2009 12-02-2019
Penal Code, 1860 – S. 302 – Murder - Voluntary provocation
on the part of the offender cannot come to the rescue of the accused to claim that
he is not liable to be convicted under Section 302 IPC. L.
Nageswara Rao & Sanjay Kishan Kaul, JJ. State of Uttar Pradesh v. Faquirey,
AIR 2019 SC 844 : JT 2019 (2) SC 245 : 2019 (3) Scale 80 Crl.A. No. 1842 of
2012 11-02-2019
Penal Code, 1860 - S. 302 - the statement of eyewitness
PW13, the injury attributed to the accused appellant, recovery of weapon and the
motor cycle and the statement of PW6 and PW7 that the injury on the head attributed
to the appellant could have been sufficient to cause death, clearly corroborates
the prosecution case which leaves no manner of doubt that the appellant was actively
involved in the commission of crime and once that fact is predicated beyond reasonable
doubt, the partial statement which has been doubted could not be used by the appellant
as a defence to shake the prosecution case which has been discussed by us in detail,
deserves rejection. A.M. Khanwilkar & Ajay
Rastogi, JJ. Kripal Singh v. State of Rajasthan, AIR 2019 SC 947 : JT 2019
(2) SC 388 : 2019 (3) Scale 494 Crl.A. No. 2100 of 2008 15-02-2019
Penal Code, 1860 - S. 304 Part II - Punishment for
culpable homicide not amounting to murder - the High Court had been in error in
extending undue sympathy and in awarding the punishment of the rigorous imprisonment
for the period already undergone i.e., 3 months and 21 days for the offence under
Section 304 Part II IPC - there was absolutely no reason for the High Court to interfere
with the punishment awarded by the Trial Court, being that of rigorous imprisonment
for 3 years. Abhay Manohar Sapre & Dinesh
Maheshwari, JJ. State of M.P. v. Suresh, JT 2019 (2) SC 480 : 2019 (4) Scale
673 Crl.A. No. 319 of 2019 20-02-2019
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 - S. 307 - Attempt to murder - Lack
of forensic evidence to prove grievous or a life-threatening injury cannot be a
basis to hold that Section 307 is inapplicable. D.Y.
Chandrachud & M.R. Shah, JJ. State of Madhya Pradesh v. Kanha @ Omprakash,
AIR 2019 SC 713 : 2019 (2) JLJ 138 : 2019 (1) JLJR 519 : JT 2019 (2) SC 112 : 2019
(1) KLJ 655 : 2019 (1) PLJR 591 : 2019 (2) Scale 454 Crl.A. No. 1589 of 2018
04-02-2019
Penal Code, 1860 - S. 307 - Attempt to Murder - There
is no requirement for the injury to be on a “vital part” of the body, merely causing
‘hurt’ is sufficient to attract S. 307 I.P.C. L. Nageswara Rao & Indu
Malhotra, JJ. State of Madhya Pradesh v. Harjeet Singh, 2019 (4) Scale 666
Crl.A. No. 1190 of 2009 19-02-2019
Penal Code,
1860 - S. 376 - the prosecutrix
was in habit of implicating all the persons by making wild allegations of such nature
against those with whom she or/and her husband were having any kind of disputes.
Ganga Prasad Mahto v. State of Bihar, JT 2019 (3) SC 530 Crl.A. No. 526 of
2019 26-03-2019
Penal Code, 1860 - S. 376(2)(g) - Juvenile Justice
(Care and Protection of Children) Act, 2000 - Ss. 2(k), 2(l), 7A r/w. 20 - A juvenile
who had not completed eighteen years on the date of commission of the offence is
entitled to the benefit of the 2000 Act. The claim of juvenility can be raised at
any stage before any Court by an accused, including Supreme Court, even after the
final disposal of a case, in terms of Section 7A of the 2000 Act. N.V. Ramana, Mohan
M. Shantanagoudar & Indira Banerjee, JJJ. Raju v. State of Haryana, JT
2019 (3) SC 121 : 2019 (4) Scale 398 Crl.A. No. 1175 of 2014 22-02-2019
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
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
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
Penal Code,
1860 - Section 302 - Murder
- the accused has killed six innocent persons in a pre-planned manner - the case
would fall in the category of the “rarest of rare case” warranting death sentence
/ capital punishment. A.K. Sikri, S. Abdul Nazeer & M.R.
Shah, JJ. Khushwinder Singh v. State of Punjab, JT 2019 (3) SC 313 : 2019
(4) Scale 187 Crl.A. No. 1433 of 2014 05-03-2019
Penal Code, 1860 - Section 302 to Section 304 Part-I
- Murder - No premeditation for the occurrence - High Court has rightly modified
the conviction. R.
Banumathi & R. Subhash Reddy, JJ. Kishan Singh @ Actor v. State of Uttranchal
(Now Uttrakhand) Crl.A. No. 389 of 2019 26-02-2019
Penal Code, 1860 - Section 340 - Matrimonial Proceedings
- Anticipatory Bail - False statements deliberately made in order to get favourable
orders from the Court - Held, there should be something deliberate - a statement
should be made deliberately and consciously which is found to be false as a result
of comparing it with unimpeachable evidence, documentary or otherwise. Rohinton
Fali Nariman & Vineet Saran, JJ. Aarish Asgar Qureshi v. Fareed Ahmed
Qureshi, 2019 (4) Scale 606 Crl.A. No. 387 of 2019 26-02-2019
Penal Code, 1860 - Sections 436 and 323 r/w. 34 -
It would not be appropriate to compound the offence which is not compoundable under
the Code ignoring the statutory provisions. However, taking into consideration the
relationship of the parties and the factum of compromise between the parties which
is a relevant circumstance, the sentence of imprisonment imposed upon the appellants
no.1 and 3 under Sections 436 read with Section 34 I.P.C. is modified to the period
already undergone by them. R.
Banumathi & R. Subhash Reddy, JJ. Shankar v. State of Maharashtra,
Crl.A. No. 390 of 2019 26-02-2019
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
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
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. 147, 148, 149,
302, 323, 342 & 450 - Unlawful Assembly - In a crime committed by an unlawful
assembly by principle of vicarious liability, every member of the unlawful assembly
would be guilty of the offence, even if he himself had not done the actual act.
But the facts must indicate with clarity that such person was in fact a member of
the unlawful assembly. Uday
Umesh Lalit & Dinesh Maheshwari, JJ. Dauwalal @ Ganesh Devangan v. State
of Madhya Pradesh (Now State of Chhattisgarh), Crl.A. No. 478 of 2019 15-03-2019
Penal Code, 1860 - Ss. 147, 148, 149, 341, 294, 323,
506B, 302 - Arms Act, 1959 - S. 25(1A) r/w. 27 - Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 - S. 3(2)(V) - Mention of Inquest Number
in the FIR - Delay in FIR - Inconsistency between the Medical Evidence and Oral
Evidence - Recovery of pistol and FSL report - Common intention of Accused. R.
Banumathi & R. Subhash Reddy, JJ. Balvir Singh v. State of M.P., 2019
(4) Scale 631 Crl.A. No. 1115 of 2010 19-02-2019
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
Penal Code, 1860 - Ss. 148, 302 & 324 / 149 -
the acquittal of the co-accused by giving benefit of doubt, by itself can be no
ground to discard the otherwise reliable evidence which has remained unshaken, pointing
towards the complicity of the accused in the commission of crime. A.M.
Khanwilkar & Ajay Rastogi, JJ. Pappi @ Mehboob v. State of Rajasthan,
AIR 2019 SC 904 : 2019 CriLJ 1511 : JT 2019 (2) SC 522 : 2019 (2) Scale 613
Crl.A. No. 497 of 2009 05-02-2019
Penal Code,
1860 - Ss. 170, 412 &
395 - Incident had occurred nearly 19 years ago - there was no previous antecedents
- ready to pay the enhanced fine, although his monetary condition is poor - in the
peculiar facts and surrounding circumstances of the case, Court reduced the sentence
from seven years R.I. to five years R.I. and enhance the fine to Rs.20,000/ each.
L. Nageswara Rao & M.R. Shah, JJ. Jahangir Hussain v. State of West Bengal,
Crl.A. No. 712 of 2009 29-03-2019
Penal Code, 1860 - Ss. 279 & 304 A - Just and
adequate punishment in a vehicular accident cases - A 15 year old boy lost his life
due to the rash and negligent driving of the truck by the appellant and where, after
causing the accident, the appellant fled from the site and was surrendered by his
commandant more than 3 weeks later - No reason to reduce the punishment awarded
or to extend the benefit of probation. Abhay Manohar Sapre & Dinesh
Maheshwari, JJ. Subhash Chand v. State of Punjab, JT 2019 (3) SC 1 : 2019
(4) Scale 722 Crl.A. No. 1827 of 2009 25-02-2019
Penal Code, 1860 - Ss. 279, 337 & 304A - Reduction
of Sentence - For rash and negligent driving by the appellant, as many as four persons
died and three other sustained injuries. Yet, the Trial Court had been considerate
in awarding the sentence only of four months' imprisonment for each count of the
offence under Section 304-A IPC and only of fine of Rs. 100 for each count of the
offence under Section 337 IPC and Rs. 200/- for the offence under Section 279 IPC.
To say the least, the punishment awarded in this matter had been rather on the lower
side. There being no appeal for enhancement of sentence and looking to the time
that has elapsed, we would not be making any further comment in the matter. Suffice
it to conclude that no case for reducing the punishment awarded to the appellant
is made out. Abhay Manohar Sapre & Dinesh
Maheshwari, JJ. Thangasamy v. State of Tamil Nadu, JT 2019 (3) SC 113 : 2019
(4) Scale 681 Crl.A. No. 698 of 2010 20-02-2019
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
Penal Code, 1860 - Ss. 302 & 34 - Object of Section
34 IPC incorporated in the Indian Penal Code - Distinction between Section 149 &
Section 34 IPC - Essence of the joint liability during the criminal act in furtherance
of such common intention - Mere similarity of the facts in one case cannot be used
to determine the conclusion of the fact in another - Common intention being the
state of mind can be gathered by inference drawn from the facts and circumstances
established in a given case - The cases involving almost similar facts and circumstances
cannot be used as precedent to determine the conclusions on facts in the case in
hand. A.M. Khanwilkar & Ajay
Rastogi, JJ. Ezajhussain Sabdarhussain v. State of Gujarat, JT 2019 (2) SC
317 : 2019 (3) Scale 513 Crl.A. No. 2007 of 2008 15-02-2019
Penal Code, 1860 - Ss. 302 / 34 - Whether the offence
of Section 302 of I.P.C. can be converted to Section 304 (II) of I.P.C. A.M.
Khanwilkar & K.M. Joseph, JJ. Bikash Bora v. State of Assam, JT 2019
(2) SC 531 : 2019 (2) Scale 577 : (2019) 4 SCC 280 Crl.A. No. 164 of 2011 05-02-2019
Penal Code, 1860 - Ss. 302 / 394 - Special Investigating
Team (SIT) for Re-investigation - the CBI has to look into the report of the SIT
and take a decision in the matter. A.K. Sikri & S.
Abdul Nazeer, JJ. Sunita Devi v. Union of India, JT 2019 (2) SC 489 : 2019
(4) Scale 414 W.P. (Crl.) No. 188 of 2015 20-02-2019
Penal Code,
1860 - Ss. 302 r/w. 109 &
203 - Forest Act, 1882 (Tamil Nadu) - S. 36A & E - Arms Act, 1959 - S. 3 r/w.
25 (1B) (a) - Right of Private Defence. Abhay
Manohar Sapre & R. Subhash Reddy, JJ. Sukumaran v. State Rep. By The
Inspectr of Police, 2019 (4) Scale 490 Crl.A. No. 5 of 2009 07-03-2019 07-03-2019
Penal Code,
1860 - Ss. 302 r/w. 149 &
147 - Mere presence in an unlawful assembly cannot render a person liable unless
there was a common object. N.V.
Ramana, Mohan M. Shantanagoudar & Indira Banerjee, JJJ. Amrika Bai v.
State of Chhattisgarh, Crl.A. No. 1036 of 2011 29-03-2019
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
Penal Code,
1860 - Ss. 302 r/w. 34 -
Murder - Life Imprisonment - Scope of Exception 4 to Section 300 IPC - In order
to bring the case within Exception 4 to Section 300 IPC, the following conditions
enumerated therein must be satisfied:- (i) The act must be committed without premeditation
in a sudden fight in the heat of passion; (ii) upon a sudden quarrel; (iii) without
the offender’s having taken undue advantage; and (iv) the accused had not acted
in a cruel or unusual manner. Even if the fight is unpremeditated and sudden, if
the weapon or manner of retaliation is disproportionate to the offence and if the
accused had taken the undue advantage of the deceased, the accused cannot be protected
under Exception 4 to Section 300 IPC. R.
Banumathi & R. Subhash Reddy, JJ. Nandlal v. State of Maharashtra, JT
2019 (3) SC 448 Crl.A. No. 510 of 2019 15-03-2019
Penal Code, 1860 - Ss. 302 r/w. 34 - Murder - Motive
- When the prosecution has been successful in proving the conspiracy between the
accused as well as the accused committed the murder of the deceased, motive may
not have that much relevance. U.U. Lalit & M.R.
Shah, JJ. Vidyalakshmi @ Vidya v. State of Kerela, 2019 (3) Scale 504
Crl.A. No. 971 of 2012 15-02-2019
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
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
Penal Code,
1860 - Ss. 302, 307, 341
& 34 - Arms Act, 1959 - Ss. 25, 54 & 59 - Criminal P.C. 1973 - S. 319 -
Power to proceed against other persons appearing to be guilty of offence - Degree
of satisfaction required for invoking the powers under Section 319 CrPC - Principles.
Abhay Manohar Sapre & Dinesh
Maheshwari, JJ. Sugreev Kumar v. State of Punjab, Crl.A. No. 509 of 2019
15-03-2019
Penal Code,
1860 - Ss. 302, 323, 504
& 506 r/w. 34 - Acts done by several persons in furtherance of common intention
- Test for applicability of Section 34 in a fact situation of an offence - Discussed.
Ashok
Bhushan & K.M. Joseph, JJ. Asif Khan v. State of Maharashtra, JT 2019 (3)
SC 172 : 2019 (4) Scale 7 Crl.A. No. 286 of 2019 05-03-2019
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
Penal Code, 1860 - Ss. 302, 364 & 201 r/w. 34
- killed a minor child - the accused at the time of commission of the offence was
aged of 22 years - he has spent 18 years in the jail - while in jail, his conduct
is good - the accused has tried to join the society and has tried to become a civilized
man and has completed his graduation in B.A. from jail - He has tried to become
reformative - from the poems, written by him in the jail, it appears that he has
realised his mistake which was committed by him at the time when he was of young
age and that he is reformative - therefore the appellant can be reformed and rehabilitated.
A.K. Sikri, S. Abdul Nazeer & M.R.
Shah, JJJ. Dnyaneshwar Suresh Borkar v. State of Maharashtra, Crl.A.
No. 1411 of 2018 20-02-2019
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
Penal Code,
1860 - Ss. 302, 392 r/w.
34 - Police Act, 1951 (Bombay) - Ss. 37(1) r/w. 135 - Arms Act, 1959 - S. 3 (25)
- Circumstantial Evidence - There are too many missing links - benefit of doubt
- Acquitted. U.U.
Lalit & Indu Malhotra, JJ. Pavan Vasudeo Sharma v. State of Maharashtra
through Secretary, Crl.A. No. 519 of 2019 25-03-2019
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
Penal Code,
1860 - Ss. 307 & 34 -
Criminal P.C. 1973 - Ss. 320 & 482 - Mechanically quashed the FIR - Non-compoundable
offences - Seriousness of the offences and its social impact - Distinction between
a personal or private wrong and a social wrong and the social impact. A.K. Sikri,
S. Abdul Nazeer & M.R.
Shah, JJ. State of Madhya Pradesh v. Laxmi Narayan, 2019 (4) Scale 200
Crl.A. No. 349 of 2019 05-03-2019
Penal Code,
1860 - Ss. 307 / 34 &
326 - Criminal P.C. 1973 - Ss. 357 & 357A - Acid Attack - Compensation - Victim
had suffered an uncivilised and heartless crime committed by the respondents and
there is no room for leniency which can be conceived. A crime of this nature does
not deserve any kind of clemency. This Court cannot be oblivious of the situation
that the victim must have suffered an emotional distress which cannot be compensated
either by sentencing the accused or by grant of any compensation. A.M. Khanwilkar
& Ajay
Rastogi, JJ. State of Himachal Pradesh v. Vijay Kumar @ Pappu, Crl.A.
No. 753 of 2010 15-03-2019
Penal Code,
1860 - Ss. 323, 324, 452,
504 & 506 - Revision - The least that was expected of was that the High Court
will apply its judicial mind to the factual and legal aspects arising in the case
and then pass appropriate orders either for upholding the conviction or acquitting
the appellants, as the case may be - the High Court failed to do this and hence
interference is called for. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Harveer Singh v. State of U.P.,
Crl.A. No. 505 of 2019 15-03-2019
Penal Code, 1860 - Ss. 323, 506, 148, 149, 170, 171
& 302 - Juvenile Justice (Care and Protection of Children) Rules, 2001 - Rules
12 (3) and 22 (5) - Procedure to be followed in determination of age - Procedure
to followed by a board in the holding inquiry in the determination of age - High
Court had no occasion to consider the issue since the appellant has not pressed
the issue before the High Court - It shall be appropriate that the High Court be
requested to consider the question of juvenility of the appellant afresh before
proceeding to decide the appeal. Ashok
Bhushan, K.M. Joseph, JJ. Gaurav Kumar @ Monu v. State of Haryana, 2019 (3)
Scale 540 Crl.A. No. 283 of 2019 15-02-2019
Penal Code, 1860 - Ss. 376 & 506 - There is admittedly
a delay of 7 months in lodging the FIR in the case of alleged rape. If the case
is reported immediately apart from the inherent strength of the case flowing from
genuineness attributable to such promptitude, the perceptible advantage would be
the medical examination to which the prosecutrix can be subjected and the result
of such examination in a case where there is a resistance. It is the case of the
prosecution that she raised hue and cry and therefore apparently she would have
resisted. Possibly, a medical examination may have revealed signs of any resistance
or injuries. Ranjan Gogoi (CJI), Sanjay Kishan Kaul & K.M.
Joseph, JJ. Parkash Chand v. State of Himachal Pradesh, AIR 2019 SC 1037
: 2019 (3) Scale 289 Crl.A. No. 2393 of 2010 12-02-2019
Penal Code, 1860 - Ss. 379, 427, 447, 504 & 506
r/w. 149 - Appeal against Acquittal - The High Court was not justified in setting
aside the well considered findings of the Trial Judge. D.Y.
Chandrachud & Hemant Gupta, JJ. Puni Devi v. Tulsi Ram, 2019 (4) Scale
563 Crl.A. No. 263 of 2019 13-02-2019
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
Penal Code, 1860 - Ss. 406, 468 & 120B - Offences
alleged are Noncompoundable - Dispute between the parties predominantly or overwhelming
seems to be of a civil nature and that the dispute is a private one and between
the two private parties - Parties have settled the dispute amicably - Criminal Proceedings
Quashed. L. Nageswara Rao & M.R.
Shah, JJ. Srinivasan Iyenger v. Bimla Devi Agarwal, 2019 (3) Scale 522
Crl.A. No. 277 of 2019 15-02-2019
Penal Code, 1860 - Ss. 409 & 477A r/w. 120B -
Prevention of Corruption Act, 1947 - Ss. 5(2) r/w. 5(1)(c) & (d) - Merely because
misappropriation of 540 bags of urea is mentioned in the initial complaint, Court
cannot ignore the chargesheet which was filed after investigation which revealed
misappropriation of entire qualtity of 1040 bags of urea. Abhay Manohar Sapre &
R.
Subhash Reddy, JJ. Shiv Shankar Prasad Singh`v. State of Bihar, 2019 (3)
Scale 824 Crl.A. No. 1804 of 2011 28-02-2019
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
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
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
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
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
Practice and Procedure - Where a question is a mixed
question of fact and law, a concession made by a lawyer or his authorised representative
at the stage of arguments cannot preclude the party for whom such person appears
from re-agitating the point in appeal. R.F.
Nariman & Vineet Saran, JJ. Bharat Heavy Electricals Ltd. v. Mahendra
Prasad Jakhmola, 2019 (4) Scale 738 C.A. No. 1799 of 2019 20-02-2019
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
Prevention of Corruption Act, 1947 - S. 5(2) - Penal
Code, 1860 - S. 161 - the Court is empowered to impose a sentence, which may vary
from 1 year to 7 years with fine. However, in a particular case, the Court finds
that there are some special reasons in favour of the accused then the Court is empowered
to impose imprisonment of less than one year provided those special reasons are
set out in writing in support of imposing sentence less than one year. So far as
imposing of fine is concerned, it is mandatory while imposing any jail sentence.
How much fine should be imposed depend upon the facts of each case. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Ambi Ram v. State of Uttarakhand,
2019 (1) Crimes 76 : JT 2019 (2) SC 102 : 2019 (1) MLJ (Cri) 637 : 2019 (1) RCR
(Criminal) 960 : 2019 (2) Scale 488 Crl.A. No. 1723 of 2009 05-02-2019
Prevention of Corruption Act, 1988 - Ss. 7 &
13(1)(d) r/w. 13(2) - Whether in the absence of evidence of complainant / direct
or primary evidence of demand of illegal gratification, is it not permissible to
draw inferential deduction of culpability / guilt of a public servant based on other
evidence adduced by the prosecution - Question referred to Larger Bench. R.
Banumathi & R. Subhash Reddy, JJ. Neeraj Dutta v. State (Govt. of NCT
of Delhi), JT 2019 (3) SC 16 : 2019 (3) Scale 818 Crl.A. No. 1669 of 2009 28-02-2019
Prevention
of Corruption Act, 1988 -
Ss. 7 r/w. 13(1) (d) - Criminal Procedure Code, 1973 - S. 227 - Application for
Discharge - Principles - While considering the case of discharge sought immediately
after the chargesheet is filed, the Court cannot become an Appellate Court and
start appreciating the evidence by finding out inconsistency in the statements of
the witnesses. It is not legally permissible. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. State v. J. Doraiswamy, JT 2019
(3) SC 288 : 2019 (4) Scale 471 Crl.A. No. 445 of 2019 07-03-2019
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
Protection of Children from Sexual Offences Act, 2012
- Ss. 5(i), 5(m) & 5(r) r/w. 6 - Penal Code, 1860 - Ss. 376 (2) (f) & 201
- Murder of the minor girl aged 71/2 years after raping her - the accused was last
seen together with the victim - The offence committed, undoubtedly, can be said
to be brutal, but does not warrant death sentence - accused was not a previous convict
or a professional killer. At the time of commission of offence, he was 19 years
of age. His jail conduct also reported to be good. Considering the aforesaid mitigating
circumstances it will be in the interest of justice to commute the death sentence
to life imprisonment. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJ. Vijay
Raikwar v. State of Madhya Pradesh, 2019 (2) JLJ 103 : JT 2019 (2) SC 292 : 2019
(3) Scale 221 Crl.A. No. 1112 of 2015 05-02-2019
Public Policy - the grant of appointment to persons
displaced as a result of acquisition is a matter which is within the purview of
the policy discretion. No mandamus can lie in the absence of a policy. D.Y.
Chandrachud & Navin Sinha, JJ. Anil Kumar v. Union of India, 2019 (4)
Scale 594 C.A. No. 1958 of 2019 22-02-2019
Public Premises (Eviction of Unauthorised Occupants)
Act, 1971 - S. 6 - Meaning, interpretation and applicability of. A.K. Sikri,
Ashok Bhushan & S.
Abdul Nazeer, JJJ. Board of Trustees for the Port of Kolkata v. APL (India)
Pvt. Ltd., JT 2019 (2) SC 545 : 2019 (4) Scale 687 C.A. No. 3910 of 2013 21-02-2019
Public Premises
(Eviction of Unauthorized Occupants) Act, 1971. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Kaikhosrou (Chick) Kavasji Framji
v. Union of India, C.A. No. 5574 of 2009 15-03-2019
Punjab Excise Act, 1914 - Haryana Liquor License
Rules 1970 - Rule 24 (i-eeee) - Haryana Liquor License (Amendment) Rules 2017 -
Financial Commissioner was not competent to amend the Rules with regard to grant
of number of licences for the entire state, and which power was exclusive to the
State Government under Section 6 read with Section 13(a) and 58(2)(e) of the Act
- Rule 24(i-eeee) as amended by the Financial Commissioner in exercise of powers
under Section 59(a) of the Act is ultra vires the powers of the Financial Commissioner
under the Act and is therefore struck down. Ranjan Gogoi (CJI), Navin
Sinha & K.M. Joseph, JJ. International Spirits and Wines Association
of India v. State of Haryana, AIR 2019 SC 955 : 2019 (3) Scale 472 C.A. No.
9533 of 2018 12-02-2019
Railway Protection Force Act, 1957 - Whether in the
facts and circumstances of the case, the High Court has committed any error in treating
and/or considering the O.M. No. 96/E(GR)I/16/I dated 8.5.2003 of the DoPT, Government
of India as ‘in principle’ decision for constitution of the RPF as an Organized
Group “A” Central Service and thereby directing to take further steps of Cadre Structure
of RPF as also to finalize the Service Rules with reference to the RPF being an
Organized Group “A” Central Civil Service? R.F. Nariman & M.R.
Shah, JJ. Union of India v. Sri Harananda, 2019 (2) Scale 558 C.A. No.
1474 of 2019 05-02-2019
Railways Act, 1989 - S. 160 (2) - If any person breaks
any gate or chain or barrier set up on either side of a level crossing which is
closed to road traffic, he shall be punished with imprisonment for a term which
may extend to 5 years. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Nagaraj v. Union of India, JT
2019 (3) SC 358 : 2019 (3) Scale 886 Crl.A. No. 324 of 2019 21-02-2019
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
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
Ram Janmabhoomi
Case - Ayodhya Matter - Regarding
Mediation Proceedings. Ranjan
Gogoi (CJI), Sharad Arvind Bobde, D.Y. Chandrachud, Ashok Bhushan, JJ. M.
Siddiq (d) Thr. Lrs. v. Mahant Suresh Das, 2019 (4) Scale 359 C.A. No. 10866
of 2010 08-03-2019
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
Real Estate
(Regulation and Development) Act, 2016
- Section 2 (zk) - “promoter” - Definition of. D.Y.
Chandrachud & Hemant Gupta, JJ. Association for Consumer Welfare and
Aid v. Granite Gate Properties Private Limited, C.A. No. 259 of 2019 25-03-2019
Rent Control
& Eviction - A married
daughter would have a right of succession in the “lease premises” also. L. Nageswara
Rao & M.R.
Shah, JJ. Uma Mahesh Bandekar v. Vivek Sadanand Marathe, JT 2019 (3) SC 546
C.A. No. 2961 of 2019 13-03-2019
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
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
Representation of the People Act, 1951 - S. 29A -
If the political group is not registered under Section 29A of the 1951 Act and is
not recognized as per the provisions of Symbols Order, 1968, it may not be entitled
to claim allotment of a common symbol which is reserved for a registered and recognized
State/National political party. A.M.
Khanwilkar & Ajay Rastogi, JJ. Edapaddi K. Palaniswami v. T.T.V. Dhinakaran,
2019 (3) Scale 309 S.L.P. (C) No. 7258 of 2018 07-02-2019
Review - The High Court unless looks into the facts
of the appellant’s case and pleadings made therein the writ petition could not have
been decided. Ashok
Bhushan & K.M. Joseph, JJ. Krishna Nand Shukla v. Director of Higher
Education Allahabad, JT 2019 (3) SC 325 : 2019 (4) Scale 157 C.A. No. 2544 of
2019 06-03-2019
Review - The review, it must be noted is not a re-hearing
of the main matter. A review would lie only on detection without much debate of
an error apparent. Ashok Bhushan & K.M.
Joseph, JJ. High Court of Tripura thr. the Registrar General v. Tirtha Sarathi
Mukherjee, 2019 (1) OLR 467 : 2019 (2) Scale 708 C.A. No. 1264 of 2019 06-02-2019
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 - Section 24 - Whether the proviso
contained in Section 24 of the 2013 Act is a proviso to Section 24(1)(b) or whether
it is a proviso to Section 24(2) - Referred to Larger Bench. R.F.
Nariman & Vineet Saran, JJ. Delhi Development Authority v. Virender Lal
Bahri, JT 2019 (3) SC 96 : 2019 (3) Scale 853 27-02-2019
Right to Information Act, 2005 - Salient purpose
which RTI Act is supposed to serve - This Act is enacted not only to sub-serve and
ensure freedom of speech. On proper implementation, it has the potential to bring
about good governance which is an integral part of any vibrant democracy. Attaining
good governance is also one of the visions of the Constitution. It also has vital
connection with the development. A.K.
Sikri & S. Abdul Nazeer, JJ. Anjali Bhardwan v. Union of India, 2019
(3) Scale 447 W.P. (C) No. 436 of 2018 15-02-2019
Sale of Goods Act, 1930 - S. 4(1) - Sale and agreement
to sell - Liability towards sales tax, in respect of the free replacement of defective
parts in motor vehicles, during the period of warranty - It appropriate that the
matter be considered by a larger Bench. L. Nageswara Rao & Sanjay
Kishan Kaul, JJ. Tata Motors Ltd. v. The Depty Commissioner of Commercial
Taxes (Spl.), 2019 (1) RCR (Civil) 999 : 2019 (2) Scale 470 C.A. No. 1822 of
2007 05-02-2019
Securities and Exchange Board of India Act, 1992
- S. 15J - Factors to be taken into account by the Adjudicating Officer - Whether
the conditions stipulated in clauses (a), (b) and (c) of Section 15J of the Securities
and Exchange Board of India Act, 1992 are exhaustive to govern the discretion in
the Adjudicating Officer to decide on the quantum of penalty or the said conditions
are merely illustrative? Held, Clauses (a) to (c) in Section 15J of the SEBI Act
are merely illustrative and are not the only grounds/factors which can be taken
into consideration while determining the quantum of penalty. Rajan Gogoi (CJI),
Deepak Gupta & Sanjiv
Khanna, JJ. Adjudicating Officer, Securities and Exchange Board of India
v. Bhavesh Pabari, 2019 (4) Scale 58 C.A. No. 11311 of 2013 28-02-2019
Service Law - Age Relaxation - The Division Bench did
not consider the submissions whether the Respondents could, as a matter of right,
claim relaxation in age limit. Without considering said aspect of the matter, the
Division Bench proceeded to pass the directions. The assessment made by the Division
Bench was completely incorrect. U.U.
Lalit & Indu Malhotra, JJ. Electronic Corporation of India Ltd. v. M.
Shivani, JT 2019 (3) SC 285 : 2019 (4) Scale 539 C.A. No. 2560 of 2019 08-03-2019
Service Law - Andhra Pradesh Transmission Corporation
(A.P. TRANSCO) & Andhra Pradesh Distribution Companies (DISCOMS) - Appointments
to the posts of Junior Linemen have been made long back and the services of those
appointed were regularised, any interference with such appointments will cause irreparable
loss to them apart from adversely affecting the smooth functioning of the A.P. TRANSCO
and the DISCOMS - Any future recruitment to the post of Junior Lineman shall be
done strictly in accordance with the law. L.
Nageswara Rao & Sanjay Kishan Kaul, JJ. K. Amarnath Reddy v. Chairman
& Managing Director, APSPDCL, 2019 (3) Scale 619 C.A. No. 2049 of 2019 25-02-2019
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
Service Law - Appointment on Compassionate Grounds
- The decisions relied upon by the petitioner proceed on the premise that there
is no vested right to have the matter considered under the former scheme and the
governing scheme would be one which was in force when the applications came up for
consideration. On the other hand, the decision relied upon by the respondent proceeds
on a different principle and stipulates that the governing scheme would be the former
scheme and any subsequent that came into force after the claim was raised would
not be applicable. The principles emanating from these two lines of decisions, are
not consistent and do not reconcile. The matter therefore requires consideration
by a larger Bench of at least three Hon’ble Judges of this Court. U.U. Lalit &
Indu Malhotra, JJ. State Bank of India v. Sheo Shanker Tewari, 2019 (1) CGLJ
418 : JT 2019 (2) SC 248 : 2019 (2) Scale 667 S.L.P. (C) No. 30335 of 2017 b08-02-2019
Service Law - Arrears and Other Benefits - Grant of -
Delay - Only in a case where the delay is attributable to the employee the benefit
can be restricted. L. Nageswara Rao & M.R.
Shah, JJ. Giridhar v. State of Maharashtra, C.A. No. 957 of 2017 06-03-2019
Service Law - Central Civil Service (Pension) Rules (CCS
Rules) - Rule 26 - In case of resignation from service or a post, unless the matter
was covered under Sub-Rule 2 of Rule 26 of CCS Rules, it would entail forfeiture
of past service. Since the past service would stand forfeited, the same would be
excluded from the period of qualifying service, and as such for deciding the question
of entitlement to pension, the employee would not have the qualifying period of
service. U.U.
Lalit & Indu Malhotra, JJ. State of Punjab v. Gurbaran Singh, 2019 (4)
Scale 617 C.A. No. 2411 of 2019 01-03-2019
Service Law - Central Civil Services (Commutation of
Pension) Rules, 1981 - Rule 4 - Restriction on commutation of pension - Commuted
Value of Pension (CVP) - What is the nature of CVP. Is there legal right to receive
CVP? Can there be cases where for delayed payment of CVP, interest can be ordered?
Is there any provision which provides for interest? - Discussed. Ashok Bhushan &
K.M.
Joseph, JJ. Chief General Manager Gujarat Telecom Circle, Bharat Sanchar
Nigam Ltd. v. Manilal Ambalal Patel, 2019 (4) Scale 500 C.A. No. 1681
of 2019 08-03-2019
Service Law - Central Civil Services (Pension) Rules,
1972 - R. 37 (1) - Pension on absorption in or under a corporation, company or body
- a Government servant who is absorbed in a Corporation or Government Company is
deemed to have retired from government service on the date of his/her absorption.
Uday Umesh Lalit & Indu
Malhotra, JJ. P. Bandopadhya v. Union of India, JT 2019 (3) SC 436 C.A.
No. 3149 of 2019 15-03-2019
Service Law - Compassionate Appointment - Delay - The
claim was liable to be rejected on that ground. D.Y.
Chandrachud & Hemant Gupta, JJ. Govt. of India v. P. Venkatesh, C.A.
No. 2425 of 2019 01-03-2019
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
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
Service Law - Contempt of Court - Daily Wagers -
Benefits - Regular employees are entitled to 12 days of casual leave in a year i.e.
applicable to all Government employees. A.K.
Sikri, S. Abdul Nazeer & M.R. Shah, JJ. State of Gujarat v. Pwd and Forest
Employees Union, 2019 (3) Scale 642 C.A. No. 1684 of 2019 15-02-2019
Service Law - Dearness Allowance - the revision of
wage or Dearness Allowance would depend upon the ability and the financial position
of the employer. R.
Banumathi & Indira Banerjee, JJ. Tamil Nadu Electricity Board Rep. By
Its Chairman v. TNEB - Thozhilalar Aykkiya Sangam by its General Secretary, 2019
(3) Scale 416 C.A. No. 1653 of 2019 13-02-2019
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
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 - Exercise of the power of relaxation
without informing the candidates about the existence of such power would be detrimental
to the interests of others who did not possess the certificate and did not take
part in the selection process. L.
Nageswara Rao & Sanjay Kishan Kaul, JJ. Sanjay K. Dixit v. State of Uttar
Pradesh, JT 2019 (4) SC 21 : 2019 (3) Scale 671 C.A. No. 1961 of 2019 22-02-2019
Service Law - It was for the employee to know the rule.
The department was not expected to advise and/or tell the employee about how the
seniority will be fixed and/or about the rotaquota rule. L. Nageswara Rao &
M.R.
Shah, JJ. P. Subramaniyam v. Union of India, JT 2019 (3) SC 429 C.A.
No. 7779 of 2012 15-03-2019
Service Law - Life Insurance Corporation Act, 1956 -
Caretaker on temporary basis - It is now almost 19 years that the respondent has
been out of appellant’s services - the interest of justice would be met if a compensation
of Rs.One Lakh (Rs.1,00,000/) is awarded to the respondent in full and final satisfaction
in lieu of his right to claim reinstatement in the appellant's services and also
in lieu of all his service claims against the appellant. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Life Insurance Corporation of
India v. Dinesh Singh, JT 2019 (3) SC 542 C.A. No. 3197 of 2019 26-03-2019
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
Service Law - Pension - It would be inadvisable to expand
such beneficial schemes beyond their contours to extend them to employees for whom
they were not meant for by the Legislature. Ranjan Gogoi (CJI), Sanjay
Kishan Kaul & K.M. Joseph, JJ. Life Insurance Corporation of India v.
Shree Lal Meena, JT 2019 (3) SC 469 C.A. No. 14739 of 2015 15-03-2019
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
Service Law - Pension Rules - Voluntary Retirement
Scheme (VRS) - To avail of the benefit of Pension Rules, an employee must qualify
in terms of the Rules. Sanjay
Kishan Kaul & Deepak Gupta, JJ. Delhi Transport Corporation v. Balwan
Singh, JT 2019 (3) SC 31 : 2019 (3) Scale 771 C.A. No. 7159 of 2014 26-02-2019
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
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
Service Law - Railway - Halt Contractor - Appointment
of heirs and successors of deceased halt contractors - Merely because the respondent-original
petitioner was permitted by the appellant-Railway authorities to work in the place
of his ailing father, he cannot, as a matter of right, claim preference as an heir
of contractor. R. Banumathi & R.
Subhash Reddy, JJ. Union of India v. Md. Samim Azad, (2019) 3 SCC 327 : JT
2019 (2) SC 311 : 2019 (2) Scale 432 C.A. No. 1382 of 2019 01-02-2019
Service Law - Recommendation for appointment to the post
of Director General of Police by the Union Public Service Commission and preparation
of panel should be purely on the basis of merit from officers who have a minimum
residual tenure of six months i.e. officers who have at least six months of service
prior to the retirement. Ranjan
Gogoi (CJI), L. Nageswara Rao & Sanjiv Khanna, JJ. Prakash Singh v. U.
O. I., JT 2019 (3) SC 291 W.P. (C) No. 310 of 1996 13-03-2019
Service Law - Reduction of Salary - Banking Service
- Salary as well as perquisites are subject to change from time to time. Therefore,
mere fact that the salary was changed subsequently, it will not confer any legally
enforceable right in favour of the employee to challenge the same on the ground
that the same is arbitrary or unjust. Since, the salary has been fixed for all Officers
of the Public Sector Banks in a non-discriminatory manner keeping in view the Cost
of Living Index, the High Court erred in law in setting aside the reduction in salary.
U.U. Lalit & Hemant
Gupta, JJ. State Bank of India v. Ravindra Nath, C.A. No. 12367 of 2017
12-02-2019
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
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
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
Service Law - Subordinate Offices Ministerial Staff
(District Recruitment) Rules 1985 - Rule 22 - The status of the respondent at all
material times has been of a daily wage employee. He has not been appointed on a
regular basis. He has no vested right to claim regularization in service. D.Y.
Chandrachud & Hemant Gupta, JJ. State of U.P. v. Mohd. Suleman Siddiqui,
2019 (4) Scale 588 C.A. No. 4262 of 2015 12-02-2019
Service Law - Tamil Nadu Revenue Subordinate Service
Rules (TNRSS Rules) - Implementation of the amended Rule 5(g) in Annexure-III, item
No. (ii). R.
Banumathi & R. Subhash Reddy, JJ. A. Rajagopalan v. District Collector,
Thiruchirapalli District, C.A. No. 251 of 2015 12-03-2019
Service Law - The appellant did not at any stage challenge
the appointment of the respondent to the post of JDTP nor did he challenge the GR
dated 20 March 2003 providing for consequential seniority. The appellant was not
eligible for the post of DTP on 30 April 2016, when the vacancy occurred. He cannot,
hence, challenge the appointment of the first respondent. D.Y.
Chandrachud & Hemant Gupta, JJ. Sudhakar Baburao Nangnure v. Noreshwar
Raghunathrao Shende, 2019 (4) Scale 417 C.A. No. 2468 of 2019 05-03-2019
Service Law - the higher pay scale which was given
to Head Operators under note 13 was occasioned by the creation of an intermediate
post of Senior Operators. Once the intermediate post was abolished since it was
found to be ultra vires by the High Court, the pay scale of Head Operators was restored
to the exactly corresponding pay scale under the revised scales of pay. D.Y.
Chandrachud & Hemant Gupta, JJ. T.I. Jose v. Managing Director, Kerala
Water Authority, 2019 (4) Scale 565 C.A. No. 4676 of 2012 13-02-2019
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
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 - 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
Service Law - The word ‘as’ and the words ‘experience
as Company Secretary’ used in the advertisement are very clear and it means the
candidate ought to be appointed and worked as such ‘as’ a Company Secretary. As
appellant did not fulfil the eligibility criteria of having five years post qualification
experience ‘as’ Company Secretary as on 30.11.2013, the services of the appellant
have rightly been terminated. L. Nageswara Rao & M.R.
Shah, JJ. Ritu Bhatia v. Ministry of Civil Supplies Consumer Affairs &
Public Distribution, AIR 2019 SC 838 : 2019 (2) ALD 136 : 2019 (160) FLR 786 : 2019
(1) JLJR 497 : 2019 (1) PLJR 569 : 2019 (2) Scale 517 C.A. No. 1467 of 2019
05-02-2019
Service Law - Unless and until that governing criteria
was departed from specifically, mere expression “consequential benefits” would not
entitle the concerned employees anything greater than what was contemplated in the
policy documents issued by the State Government. Uday
Umesh Lalit & M.R. Shah, JJ. K. Ananda Rao v. S.S. Rawat, IAS, 2019 (4)
Scale 447 Cont. P. (C) No. 1045 of 2018 07-03-2019
Service Law - Whether the claim of the applicant
to be included in the Panel dated 09.01.2001 for promotion as APO was barred by
delay and laches - Whether under 30% quota of LDCE, all the 05 vacancies ought to
have been made unreserved and notification dated 14.10.1999 making 04 vacancies
unreserved and 01 vacancy reserved for SC was illegal. Ashok
Bhushan & K.M. Joseph, JJ. Union of India v. C. Girija, 2019 (3) Scale
527 C.A. No. 1577 of 2019 13-02-2019
Service Law - Writ of Mandamus - For grant of pay
scale on the basis of parity - Writ Petition dismissed. R.F. Nariman & Navin
Sinha, JJ. Anjali Arora v. Union of India, 2019 (3) Scale 83 W.P. (C)
No. 333 of 2018 11-02-2019
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
Special Marriage
Act, 1954 - Ss. 24 &
25 - Once the marriage is void the same is a nullity and at any time the same can
be declared as nullity being a void marriage. L. Nageswara Rao & M.R.
Shah, JJ. Swapnanjali Sandeep Patil v. Sandeep Ananda Patil, C.A. No.
2534 of 2019 06-03-2019
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
Specific Relief Act, 1963 - In a suit filed under
Section 38 of the Specific Relief Act, possession on the date of suit is a must
for grant of permanent injunction. When the first respondent-plaintiff has failed
to prove that he was in actual possession of the property on the date of the suit,
he is not entitled for the decree for permanent injunction. R.
Banumathi & R. Subhash Reddy, JJ. Balkrishna Dattatraya Galande v. Balkrishna
Rambharose Gupta, AIR 2019 SC 933 : 2019 (2) ALT 7 : 2019 (1) CGLJ 473 : JT 2019
(2) SC 398 : 2019 (1) RCR (Civil) 978 : 2019 (2) Scale 606 C.A. No. 1509 of
2019 06-02-2019
Specific Relief Act, 1963 - S. 16 - the plaintiff-appellant
had failed to aver and prove his readiness and willingness to perform his part of
the contract - Trial Court made a rather assumptive observation that he had proved
such readiness and willingness - Thereafter, the plaintiff sought leave to amend
the plaint only when the ground to that effect was taken in the first appeal by
the defendant - It was too late in the day for the plaintiff to fill up such a lacuna
in his case only at the appellate stage - late attempt to improve upon the pleadings
of the plaint at the appellate stage was only an exercise in futility. Abhay Manohar
Sapre & Dinesh
Maheshwari, JJ. Mehboob-Ur-Rehman (d) Thr Lrs. v. Ahsanul Ghani, JT 2019
(2) SC 417 : 2019 (3) Scale 545 C.A. No. 8199 of 2009 15-02-2019
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
Succession Act, 1925 - Sections 25, 372 and 383 -
“lineal descendant” - Lineal Consanguinity - Application for Certificate - Revocation
of Certificate - A Succession Certificate can be granted in an application in which
necessary particulars are set out as mentioned in Section 372. Revocation cannot
be granted unless anyone of sub-sections (a) to (e) of Section 383 is satisfied.
Rohinton
Fali Nariman & Vineet Saran, JJ. Joseph Easwaran Wapshare v. Shirley
Katheleen Wheeler, 2019 (4) Scale 612 C.A. No. 2284 of 2019 26-02-2019
Tax Law - Karnataka Sales Tax Act, 1957 - S. 6B
(1). A.M. Khanwilkar & Ajay
Rastogi, JJ. Achal Industries v. State of Karnataka, C.A. No. 4837 of
2011 28-03-2019
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
Tax Law - Rajasthan Value Added Tax Act, 2003 - Which
is the proper Entry under the VAT Act for charging tax on "Mobile Crane Wire
Ropes" - Whether the goods "Mobile Cranes Wire Ropes" fall under
Entry 155 of Schedule IV or under the Residuary Entry of Schedule V of the VAT Act
- Held, the wire ropes used in the Mobile Cranes are a part of the Mobile Cranes
and thus fall in Entry 155 of Schedule IV of the VAT Act - It is taxable at the
rate of 4%. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. CTO, Anti Evasion, Circle III,
Rajasthan, Jaipur v. Prasoon Enterprises, Jaipur, JT 2019 (3) SC 590 C.A. No.
3198 of 2019 26-03-2019
Tax Law - Whether the sugarcane purchase price paid
to the cane growers by the assessee-society more than the SMP and is determined
under Clause 5A of the Control Order, 1966, can be said to be the sharing of profit/appropriation
of profit or is allowable as expenditure. A.K. Sikri, S. Abdul Nazeer & M.R.
Shah, JJ. C.I.T. Bombay v. Tasgaon Taluka S.S.K. Ltd., 2019 (4) Scale 242
C.A. No. 8890 of 2012 05-03-2019
Temple - Private Temple and Public Temple - Shri
Ram Mandir is a public temple and not a private temple and that the agricultural
lands were given to the Deity and not to the pujaris. R.
Banumathi & R. Subhash Reddy, JJ. Shri Ram Mandir Indore v. State of
Madhya Pradesh, JT 2019 (4) SC 28 : 2019 (4) Scale 302 C.A. No. 5043 of 2009
27-02-2019
Tenancy and Agricultural Lands Act, 1950 (Andhra Pradesh
Telangana Area) - Ss. 19, 40 & 48A - Appellants instead of cultivating
the suit land transferred it to several persons for other purpose which was against
the grant and the provisions of the Act. The appellants, however, failed to prove
otherwise despite affording them an opportunity to file reply. Abhay
Manohar Sapre & Dinesh Maheshwari, JJ. Gaddam Ramulu v. Joint Collector,
Adilabad District, JT 2019 (3) SC 80 : 2019 (3) Scale 847 C.A. No. 8366 - 8367
of 2010 27-02-2019
Tenancy Law - Bombay Tenancy and Agricultural Lands
Act, 1948 - S. 32 - Procedure of Taking Possession - Landlord’s right to terminate
tenancy for personal cultivation and non agricultural purpose - Tenants deemed to
have purchased land on tillers’ day - Tenants are deemed to have purchased upto
ceiling area - Right of tenant to purchase where landlord is minor etc. - purchase
price and its maxima - Discussed. Ashok Bhushan & K.M.
Joseph, JJ. Bayaji Sambhu Mali @ Borate (d) Through Lrs. v. Nazir Mohammed
Balal Zari Through Gpa Holder Gpa Holder, 2019 (3) Scale 253 C.A. No. 1644 of
2019 12-02-2019
Terrorist and Disruptive Activities (Prevention) Act,
1987 - Ss. 3, 4, 5 & 19 - Penal Code, 1860 - Ss. 121, 121A, 122 r/w. 34
- Arms Act, 1959 - Ss. 25(1)(A)(D), 25(1AA), 25(1B)(A B F G), 27(1), 29(A) - Telegraph
Act, 1885 - S. 20 - Wireless Telegraphy Act, 1933 - S. 6(1A) - Prosecution has
essentially relied upon the confessional statement of the accused recorded under
the provisions of TADA. That will be of no avail and certainly not admissible against
the accused in the trial for offences under other enactments, especially when the
Designated Court could not have taken cognizance of the offence under TADA for lack
of a valid sanction. A.M.
Khanwilkar & Ajay Rastogi, JJ. State of Gujarat v. Anwar Osman Sumbhaniya,
JT 2019 (3) SC 262 : 2019 (4) Scale 132 Crl.A. No. 1359 of 2007 27-02-2019
Town Planning - DDA was not entitled to raise any
demand of unearned increase from the writ petitioner. Ashok
Bhushan & K.M. Joseph, JJ. Delhi Development Authority v. M/s. Karamdeep
Finance & Investment (i) Pvt. Ltd., 2019 (3) Scale 238 C.A. No. 1533 of
2019 12-02-2019
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
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
Transfer of Property Act, 1882 - S. 43 - Transfer
by unauthorised person who subsequently acquires interest in property transferred.
L. Nageswara Rao & M.R.
Shah, JJ. Tanu Ram Bora v. Promod Ch. Das (d) thr Lrs., AIR 2019 SC 927 :
2019 (2) ALT 28 : JT 2019 (2) SC 236 : 2019 (2) Scale 672 C.A. No. 1575 of 2019
08-02-2019
Transfer of Property Act, 1882 - S. 60 - Right of
mortgagor to Redeem - Considering Section 60 of the TP Act, mortgagor has a right
to redeem the mortgage as provided under first part of Section 60 of the TP Act,
however, provided the right conferred in favour of mortgagor has not been extinguished
by act of the parties or by decree of the Court, as per Proviso to Section 60 of
the TP Act. L. Nageswara Rao & M.R.
Shah, JJ. Shri Gowramma v. Shri Kalingappa (d) By Lrs., AIR 2019 SC 1012
: JT 2019 (2) SC 252 : 2019 (2) Scale 678 C.A. No. 1574 of 2019 08-02-2019
Transfer of Property Act, 1882 - Section 122 - If
the gift is evidenced by consideration, same cannot be valid one within the meaning
of Section 122 of the T.P. Act. Mentioning of Rs.5,000/- in the first page, for
the purpose of valuation, cannot be said to be a consideration received by the donor
for executing the gift deed. R. Banumathi & R.
Subhash Reddy, JJ. Jagdish Chander v. Satish Chander, JT 2019 (3) SC 22 :
2019 (4) Scale 127 C.A. No. 2361 of 2019 27-02-2019
Transfer of Property Act, 1882 - the Act is silent
on arbitrability, and does not negate arbitrability. Rohinton
Fali Nariman & Vineet Saran, JJ. Vidya Drolia v. Durga Trading Corporation,
2019 (4) Scale 749 C.A. No. 2402 of 2019 28-02-2019
University - Permanent Faculty - It is interesting
to note that even after such stand was taken by the University in the year 2001,
in its communications with AICTE, at every stage the faculty position in said College
of Engineering was always referred to and described as permanent faculty. Progress
Profile of the existing Technical Institution prepared by AICTE which was referred
to by the Single Judge is very clear that the appellants were shown to be part of
permanent faculty and were projected to be permanent employees of the University.
It would not therefore be proper on part of the University to brand the very same
faculty to be on contractual basis or for a limited duration of time. U.U.
Lalit & Indira Banerjee, JJ. Abdul Hakeem M.A. v. Mahatma Gandhi University,
2019 (4) Scale 347 C.A. No. 2388 of 2019 28-02-2019
Unlawful Activities (Prevention) Act, 1967 - S. 43D
- Undoubtedly the request of an IO for extension of time is not a substitute for
the report of the public prosecutor but as per the comparison of the two documents,
an application of mind by the public prosecutor as well as an endorsement by him,
the infirmities in the form should not entitle the respondents to the benefit of
a default bail when in substance there has been an application of mind. Ranjan Gogoi
(CJI), L. Nageswara Rao & Sanjay
Kishan Kaul, JJ. State of Maharashtra v. Surendra Pundlik Gadling, AIR 2019
SC 975 : 2019 (3) Scale 379 Crl.A. No. 264 of 2019 13-02-2019
Wakf Act, 1995 - Ss. 83 & 85 - Constitution of
Tribunals - Bar of jurisdiction of Civil Courts - Whether suit filed by the appellant
before the Wakf Tribunal praying for decree of possession of suit property was maintainable
in Wakf Tribunal or would lie only in a Civil Court - Whether a suit within the
meaning of Section 6 sub-section (1) or Section 7(1) is to be filed within a period
of one year of publication of list of Wakfs under Section 5. Ashok
Bhushan & K.M. Joseph, JJ. Punjab Wakf Board v. Sham Singh Harike, JT
2019 (2) SC 263 : 2019 (3) Scale 56 C.A. No. 92 of 2019 07-02-2019
Writ Petition - Maintainability of - Against private
school receiving grant in aid to the extent of dearness allowance - the Writ Application
is maintainable. Arun Mishra & Navin Sinha, JJ. Marwari Balika Vidyalaya
v. Asha Srivastava, 2019 (4) Scale 600 C.A.
No. 9166 of 2013 14-02-2019
Comments
Post a Comment